142Removal of dangers and obstructions to traffic

#### 142 Removal of dangers and obstructions to traffic 142 Removal of dangers and obstructions to traffic (cf STM Act, s 75) > > (1) If a danger or obstruction to traffic on a road is caused by— > > > > > (a) a vehicle that has been involved in an accident or has broken down, or > > > > > (b) any thing that has fallen, escaped or been removed from a vehicle, or > > > > > (c) any container used for transporting materials or refuse (including a building skip), > > > > an appropriate officer may remove the vehicle, thing or container and take such other steps as may be necessary to protect the public and facilitate the free flow of traffic. > > > (2) The appropriate roads authority may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the relevant person the expenses that the appropriate roads authority has incurred in exercising the functions conferred by this section. > > > (3) A certificate that is issued on behalf of the appropriate roads authority by a person prescribed by the statutory rules, or by a person belonging to a class of persons so prescribed, being a certificate that states that— > > > > > (a) a specified amount represents the costs incurred by the authority in carrying out specified work or in taking specified action for the purposes of this section, or > > > > > (b) a specified amount represents the costs incurred by the authority in relation to the exercise by an appropriate officer of a function under this section, > > > > is admissible in any such proceedings and is prima facie evidence of the fact or facts so stated. > > > (4) A person must not, without reasonable excuse— > > > > > (a) fail to comply with any direction given to the person by an appropriate officer in exercising a function under subsection (1), or > > > > > (b) obstruct a person who is authorised to remove a vehicle in accordance with this section. > > > > Maximum penalty—20 penalty units. > > > (5) In this section— > > > > appropriate officer means— > > > > > (a) an employee in the service of the appropriate roads authority authorised by that authority to exercise the powers conferred by this section, or > > > > > (b) a police officer, or > > > > > (c) a person of a class prescribed by the statutory rules who is authorised by the appropriate roads authority to exercise the functions of an appropriate officer under this section. > > > > appropriate roads authority means— > > > > > (a) in relation to any road within a local government area—the council of that area, and > > > > > (b) in relation to a classified road (within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033))—Transport for NSW, and > > > > > (c) in relation to that part of a road used for the passage of light rail vehicles or as an access to light rail vehicles—Transport for NSW and the operator of the light rail system. > > > > relevant person means— > > > > > (a) in relation to a vehicle—the person who had custody of the vehicle at the time of the accident or breakdown, or > > > > > (b) in relation to any thing that has fallen, escaped or been removed from a vehicle—the person who had custody of the vehicle at the time of the fall, escape or removal, or > > > > > (c) in relation to a container—the person who had custody of the container at the time it was placed in such a way as to cause danger or an obstruction to traffic.