143Removal of unattended motor vehicles or trailers from certain places

143 Removal of unattended motor vehicles or trailers from certain places

143 Removal of unattended motor vehicles or trailers from certain places

(cf STM Act, s 76)

(1) Removal of vehicle endangering public or causing traffic congestion An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on a prescribed place to be removed in accordance with this section if, in the opinion of the officer, the vehicle is causing, or unless removed is likely to cause, danger to the public or undue traffic congestion.

(2) Removal of vehicle obstructing light rail vehicle An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on any place to be removed in accordance with this section if, in the opinion of the officer, it is obstructing the passage of a light rail vehicle.

(3) Removal of vehicle in accordance with this section A motor vehicle or trailer is removed in accordance with this section if it is removed to a nearby place at which, in the opinion of the appropriate officer concerned, the vehicle may lawfully stand without being likely to cause danger to the public or undue traffic congestion, or an obstruction to the passage of a light rail vehicle.

(4) Payment of prescribed tow-away charge may be required If a motor vehicle or trailer—

(a) is removed in accordance with this section, or

(b) is attached to a tow truck for the purpose of being removed under this section,

Transport for NSW may require the responsible person for the vehicle or the person who left it unattended to pay to Transport for NSW the prescribed tow-away charge within a time specified by Transport for NSW.

(5) The responsible person for a vehicle is not required to pay the prescribed tow-away charge if the responsible person—

(a) satisfies Transport for NSW that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(b) supplies by statutory declaration to Transport for NSW the name and address of the person (not being the responsible person) who was in charge of the vehicle at all relevant times, or

(c) satisfies Transport for NSW that the responsible person did not know and could not with reasonable diligence have ascertained such name and address.