84POffences

84P Offences (1) A person must not, except in accordance with this Part or section 63A, move an impounded or immobilised motor vehicle or tamper with any of the equipment used to immobilise a motor vehicle. (2) It is not an offence under subsection (1) to move an impounded or immobilised motor vehicle or disable any of the equipment used to immobilise a motor vehicle— (a) if the impounded or immobilised motor vehicle is obstructing access to any property and it is necessary to move the motor vehicle to protect any person or property from a risk of imminent harm; or S. 84P(2)(ab) inserted by No. 76/2010 s. 14(1), substituted by No. 50/2012 s. 11(1). (ab) if the motor vehicle is immobilised by use of a steering wheel lock and the person who moved the vehicle or arranged for it to be moved has done so in accordance with an authorisation given under section 84PA; or (b) to protect the motor vehicle from a risk of imminent harm. If an immobilised motor vehicle is located outside a burning house, emergency service personnel may move the motor vehicle if it is necessary to do so in order to gain access to the property or to ensure the safety of the motor vehicle. S. 84P(3) amended by Nos 76/2010 s. 14(2), 50/2012 s. 11(2), 37/2014 s. 10(Sch. item 147.38). (3) A person must not obstruct or hinder an authorised person or a member of Victoria Police personnel in the valid exercise of a power under this Part. S. 84PA inserted by No. 50/2012 s. 12. 84PA Authorisation to move motor vehicle (1) On the written application of a person, the Chief Commissioner of Police may authorise the person to move a motor vehicle that has been immobilised under this Part by use of a steering wheel lock or to arrange for the motor vehicle to be moved. (2) An authorisation under subsection (1) must specify the location to which the motor vehicle may be moved and state that the motor vehicle must be moved within 14 days after the date of the authorisation. (3) A person who is authorised under subsection (1) to move a motor vehicle, or to arrange for the motor vehicle to be moved, must do so at his or her own cost. S. 84PB inserted by No. 50/2012 s. 12. 84PB Relocation of immobilised motor vehicle by Victoria Police S. 84PB(1) amended by No. 37/2014 s. 10(Sch. item 147.39). (1) A police officer or an authorised person may enter and move an immobilised motor vehicle to another location and immobilise the motor vehicle at the new location if— (a) the motor vehicle has been left in a location where— (i) it is detracting from public amenity; or (ii) it is posing a safety risk; or (iii) it is interfering with traffic flow; or S. 84PB(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.39). (b) since being immobilised, the motor vehicle has been moved by a person other than a police officer or an authorised person without the authorisation of the Chief Commissioner of Police. S. 84PB(2) amended by No. 37/2014 s. 10(Sch. item 147.39). (2) As soon as practicable after a motor vehicle has been moved under subsection (1), the police officer or authorised person who moved the motor vehicle must notify the registered operator in writing of the location to which it has been moved. S. 84PB(3) amended by No. 37/2014 s. 10(Sch. item 147.39). (3) A police officer or an authorised person may enter and move an immobilised motor vehicle, or arrange for the motor vehicle to be moved, to another location for the purpose of the sale or disposal of the motor vehicle under section 84ZQAB. (4) For the purpose of entering and moving a motor vehicle under this section— S. 84PB(4)(a) amended by No. 37/2014 s. 10(Sch. item 147.39). (a) a police officer has, and may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under sections 84G(1) and (3), 84GA, 84GB and 84I; and (b) an authorised person has, and may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under sections 84G(1), (3)(b) and (3)(d) and 84I. (5) For the purposes of subsection (4), the exercise of a power that is the same as a power under section 84G(1) is not subject to the time limits applied by section 84G(2). S. 84Q inserted by No. 93/2005 s. 4. 84Q Recovery of motor vehicle (1) An impounded or immobilised motor vehicle must be released to the registered operator or any other person entitled to possession of it— (a) on the expiration of the designated period; and (b) on the payment of the designated costs; and (c) on provision of satisfactory evidence, as prescribed, of that person's identity and his or her entitlement to recover the motor vehicle; and (d) subject to satisfactory compliance with the prescribed particulars (if any). S. 84Q(2) amended by No. 37/2014 s. 10(Sch. item 147.39). (2) If no decision or order to release the motor vehicle has been made under section 84N or 84O, a police officer or an authorised person may— (a) retain possession of an impounded motor vehicle; or (b) continue to immobilise a motor vehicle— in accordance with this Division until the designated costs are paid, even if the period during which the motor vehicle is impounded or immobilised is longer than the designated period. S. 84QA inserted by No. 76/2010 s. 15. 84QA How motor vehicle immobilised by steering wheel lock may be recovered (1) This section applies if a motor vehicle has been immobilised under this Part by use of a steering wheel lock and— (a) under section 84Q(1), that motor vehicle must be released; or (b) a decision under section 84N, or an order under section 84O, has been made to release that motor vehicle. S. 84QA(2) amended by Nos 50/2012 s. 13(1), 37/2014 s. 10(Sch. item 147.40(a)). (2) The Chief Commissioner of Police must make the key to that steering wheel lock available at the address of the unit of Victoria Police referred to in section 84L(f)(v) for collection by— (a) if the motor vehicle is to be released to a specified person in accordance with an order under section 84O, that person; or (b) in any other case, the registered operator or any other person entitled to possession of the motor vehicle. S. 84QA(2A) inserted by No. 50/2012 s. 13(2), amended by No. 37/2014 s. 10(Sch. item 147.40(b)). (2A) A member of the unit of Victoria Police referred to in section 84L(f)(v) may, by arrangement with the person to whom the key is to be made available, post the key to the person if the member is satisfied that it is impracticable for the person to collect the key. S. 84QA(2B) inserted by No. 50/2012 s. 13(2), amended by No. 37/2014 s. 10(Sch. item 147.40(b)). (2B) A member of the unit of Victoria Police referred to in section 84L(f)(v) must provide to the person who collects a key to a steering wheel lock, or to whom the key is posted, written instructions stating— (a) the location, or choice of locations, to which the key and the steering wheel lock must be returned; and (b) the period, being a period of not less than 24 hours after the key is collected by the person or the key is delivered by post to the person, within which the key and the steering wheel lock must be returned. S. 84QA(3) inserted by No. 50/2012 s. 13(3). (3) A person who collects a key to a steering wheel lock, or to whom a key to a steering wheel lock is delivered, must return the key and the steering wheel lock to the location, or one of the locations, and within the period specified in the instructions provided under subsection (2B). (4) A person must not copy, or attempt to copy, a key to a steering wheel lock. (5) It is not an offence against subsection (4) for any of the following persons to copy, or attempt to copy, a key to a steering wheel lock— S. 84QA(5)(a) amended by No. 37/2014 s. 10(Sch. item 147.40(c)). (a) a police officer; S. 84QA(5)(b) amended by No. 37/2014 s. 10(Sch. item 147.40(c)). (b) a person engaged or employed by a police officer for the purpose of copying the key. S. 84QA(6) amended by No. 37/2014 s. 10(Sch. item 147.40(c)). (6) A person (other than a police officer or an authorised person) must not unlock, or attempt to unlock, a steering wheel lock fitted under this Division with any thing other than a key made available under subsection (2). S. 84R inserted by No. 93/2005 s. 4.