241Powers and duties relating to seizure of motor vehicles and removal of number-plates

#### 241 Powers and duties relating to seizure of motor vehicles and removal of number-plates 241 Powers and duties relating to seizure of motor vehicles and removal of number-plates (cf Gen Act, s 218C) > > (1) A motor vehicle may be seized, or number-plates confiscated from a motor vehicle, under section 239 on— > > > > > (a) a road or public place, or > > > > > (b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 255. > > > (2) For the purpose of exercising the powers conferred by section 239(1)(a) or (c), a police officer may— > > > > > (a) cause any locking device or other feature of the motor vehicle concerned that is impeding the seizure and movement of the motor vehicle to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means, and > > > > > (b) use or cause to be used such equipment and force as is necessary to remove number-plates and remove or disable any device or thing impeding the removal of the number-plates. > > > (3) A motor vehicle may be moved under section 239(1)(a)— > > > > > (a) by being driven, whether or not under power, or by its being towed or pushed, or in any other manner, and > > > > > (b) by one or more police officers or, at the direction of a police officer by persons engaged by the Commissioner of Police, and may be impounded at premises under the control of the Commissioner of Police or of another authority or person. > > > (4) A police officer is to deliver, or cause to be delivered, number-plates that are confiscated under section 239 to Transport for NSW as soon as practicable (but no later than 5 working days after they are confiscated). > > > (5) A motor vehicle to which a number-plate confiscation notice is attached under section 239(1)(c) may— > > > > > (a) be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner, to the nearest place at which, in the opinion of the police officer concerned, it may lawfully stand at that time, and > > > > > (b) be towed (at the expense of the registered operator) to its normal garage address. > > > (6) If a motor vehicle is moved in accordance with this section by a tow truck, the person operating or driving the tow truck may take such action as is reasonable or necessary to facilitate the towing of the vehicle in a manner that does the least damage to the vehicle. In taking any such action, the person is not liable for any damage to the vehicle that the person causes. > > > > Note. > > > > For example, a tow truck driver may need to break into an unattended motor vehicle that is causing an obstruction in order to release the hand brake and avoid doing serious damage to the vehicle’s transmission. > > > (7) The registered operator of a motor vehicle that has had its number-plates removed is responsible for the safe and legal parking of the vehicle, any fees for removal or towing and any other costs and financial loss incurred (including any parking fines and any fees for the issue of any number-plate to replace a number-plate damaged when removed under this section).