156Offence to fail to release towed vehicle

156 Offence to fail to release towed vehicle

(1) A person who is in control of a place to which an accident damaged motor vehicle has been towed must not—

(a) refuse, frustrate or obstruct the release of; or

(b) fail to release—

the vehicle from that place to its owner.

S. 156(2) amended by No. 28/2009 s. 78(1).

(2) A person who is in control of a place to which an accident damaged motor vehicle has been towed must take all reasonable steps to ensure that no other person at the place—

(a) refuses, frustrates or obstructs the release of; or

(b) fails to release—

the vehicle to its owner.

S. 156(3) repealed by No. 28/2009 s. 78(2).

(4) It is a defence to a charge under subsection (1) or (2) if the person is owed money by the owner in respect of—

(a) work done by the person on the vehicle that was authorised in writing by the owner; or

(b) towing charges charged in accordance with this Act; or

S. 156(4)(c) amended by No. 41/2020 s. 4(a).

(c) storage charges charged in accordance with this Act; or

S. 156(4)(d) inserted by No. 41/2020 s. 4(b).

(d) salvage fees charged in accordance with this Act.

(5) Subsection (4)(a) does not apply if the work done by the person is done pursuant to an agreement that is terminated under section 154.

S. 156(6) inserted by No. 55/2013 s. 23.

(6) Nothing in subsection (4) allows a person who is in control of a place to which an accident damaged motor vehicle has been towed to retain or withhold any item or thing left in or on the vehicle.

Division 5—Obligations on repairers in relation to accident towing services in a controlled area