Subdiv 3Power to move or remove unattended or broken down vehicles

Subdivision 3—Power to move or remove unattended or broken down vehicles 40N—Removing unattended or broken down vehicle if danger or obstruction (1) This section applies if— (a) an authorised officer believes on reasonable grounds that a light vehicle is unattended or broken down on a bridge, culvert or freeway; or (b) an authorised officer believes on reasonable grounds that— (i) a light vehicle is unattended or broken down on any road; and (ii) the vehicle is— (A) causing harm, or creating a risk of harm, to public safety, the environment or road infrastructure; or (B) causing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or (C) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road. (2) The officer may— (a) remove the vehicle, or, in the case of a vehicle that is a combination, any vehicle forming part of the combination (by driving or towing it or otherwise); or (b) authorise another person to remove it (by driving or towing it or otherwise), to a convenient place. (3) The officer may— (a) enter the vehicle, or authorise another person to enter it, for the purpose of removing the vehicle; or (b) in the case of a vehicle that is a combination, separate any or all of the vehicles forming part of the combination, or authorise another person to separate them, for the purpose of removing any or all of the vehicles. (4) The officer may drive the vehicle even though the officer is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the officer and who is fit and willing to drive it. (5) The person authorised by the officer may drive the vehicle even though the authorised person is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the authorised person and who is fit and willing to drive it. (6) The officer or person driving a vehicle under the authority of this section is exempt from any other road law to the extent that the other law would require the officer or person to be licensed or otherwise authorised to drive it. (7) The officer or person authorised by the officer may use reasonable force to the extent reasonably necessary for the purpose of entering or removing the vehicle. authorised officer has the meaning assigned to the term by section 5, and includes— (a) in relation to a vehicle unattended or broken down on a freeway—a person authorised by the Minister for the purposes of this section; and (b) in relation to a vehicle unattended or broken down on any road within the area of a council—an officer of the council; event has the same meaning as in section 33; freeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules. 40O—Operator's authorisation not required for driving under Subdivision It is immaterial that the officer or person driving a vehicle under the authority of this Subdivision is not authorised to drive it. 40P—Notice of removal of vehicle and disposal of vehicle if unclaimed (1) This section applies if a light vehicle is removed to a convenient place under section 40N. (2) The person who removed the vehicle must ensure that the owner of the vehicle is notified of the removal of the vehicle and of the place to which the vehicle was removed— (a) by written notice— (i) served on the owner personally; or (ii) sent by registered post to the owner's last-known residential address, forthwith after the removal of the vehicle; or (b) by public notice published in a newspaper circulating generally in the State within 14 days after the removal of the vehicle. (3) If the owner of the vehicle does not, within 1 month after service or publication of the notice relating to the removal of the vehicle— (a) take possession of the vehicle; and (b) pay all expenses in connection with the removal, custody and maintenance of the vehicle and of serving, posting or publishing the notice, the relevant authority must, subject to subsection (4), offer the vehicle for sale by public auction. (4) If— (a) the vehicle is offered for sale by public auction but is not sold at the auction; or (b) the relevant authority reasonably believes that the proceeds of the sale of the vehicle would be unlikely to exceed the costs incurred in selling the vehicle, the relevant authority may dispose of the vehicle in such manner as the relevant authority thinks fit. (5) The relevant authority must apply any proceeds of sale of the vehicle as follows: (a) firstly, in payment of the costs of and incidental to the sale; (b) secondly, in payment of the costs of and incidental to the removal, custody and maintenance of the vehicle and of the notice served, posted or published under this section; and (c) thirdly, in payment of the balance to the owner of the vehicle. (6) If after reasonable inquiry following sale of the vehicle the owner of the vehicle cannot be found, the balance of the proceeds of the sale will be paid— (a) if the vehicle was sold by the Commissioner of Police or the Minister—to the Treasurer to be credited to the Consolidated Account; or (b) if the vehicle was sold by a council—to the council. relevant authority means— (a) in relation to a vehicle removed by a police officer—the Commissioner of Police; or (b) in relation to a vehicle removed by an officer of a council—the council; or (c) in relation to a vehicle removed by a person authorised by the Minister—the Minister.