43Towing fee for seized vehicles

#### 43 Towing fee for seized vehicles 43 Towing fee for seized vehicles > > (1) If a seized vehicle is towed under clause 42, a fee is payable to the Commissioner by the responsible person for the vehicle, except as otherwise provided by this clause. > > > (2) The fee payable is whichever is the lesser of the following— > > > > > (a) the actual cost of towing the vehicle, > > > > > (b) the maximum charge for the time being determined under section 54 of the [Tow Truck Industry Act 1998](/view/html/inforce/current/act-1998-111) (including any surcharge chargeable, in the circumstances of the case, in accordance with a determination under that section) for— > > > > > > > (i) in the case of the Sydney metropolitan area—a 50-kilometre tow, or > > > > > > > (ii) in any other case—a 100-kilometre tow. > > > (3) A fee is not payable under this clause by the responsible person for the seized vehicle if the person furnishes the Commissioner of Police with a statutory declaration stating— > > > > > (a) that the responsible person did not know, and could not reasonably be expected to have known, that the vehicle would be used to convey any person to participate in a public disorder, and > > > > > (b) that— > > > > > > > (i) at the time the vehicle was stopped under section 87J of the Act it was being driven by a person whose name and address are supplied in the declaration, or > > > > > > > (ii) the responsible person does not know and could not with reasonable diligence have ascertained the name and address of the person who was driving the vehicle at that time. > > > (4) A fee that, by virtue of subclause (3), is not payable by the responsible person for the vehicle is payable by the person driving the vehicle at the time it was stopped under section 87J of the Act. > > > (5) The whole or any part of a towing fee that is unpaid may be recovered from the person required to pay it by the Commissioner as a debt due to the State in any court of competent jurisdiction. > > > (6) A statutory declaration referred to in subclause (3) that is produced in any proceedings for recovery of a fee under this clause that alleges that any person was the driver of the vehicle at the time of the offence is evidence of the driver’s identity (unless evidence to the contrary is adduced).