117Production and confiscation of scheme authorities

117 Production and confiscation of scheme authorities

117 Production and confiscation of scheme authorities

(1) An authorised officer may direct the person in charge of a vehicle to remove a scheme authority, or an interstate or overseas authority, or a document or other thing purporting to be an authority, displayed in the vehicle and give it to the officer if—

(a) the vehicle is stopped in a parking area for people with disabilities, or

(b) the vehicle is parked contrary to a permissive parking sign.

(2) A person to whom a direction is given must immediately comply with the direction.

Maximum penalty—20 penalty units.

(3) An authorised officer to whom a scheme authority is given may do one or more of the following—

(a) inspect the authority,

(b) request and inspect the identification of the person in charge of the vehicle for the purpose of confirming the person’s identity,

(c) confiscate the scheme authority if the authorised officer has reasonable grounds to suspect the authority—

(i) is not being used by the holder of the scheme authority, or

(ii) is being used contrary to the conditions of the scheme authority, or

(iii) has expired or been revoked.

(4) If a scheme authority is confiscated under this section, Transport for NSW must determine whether to revoke the scheme authority in accordance with section 119.

(5) Transport for NSW must return the scheme authority to its holder as soon as is reasonably practicable if it determines not to revoke the authority.

(6) In this section—

authorised officer means—

(a) a police officer, or

(b) an authorised officer within the meaning of section 132 who is not an officer referred to in Schedule 4 as a Class 3 officer or a Class 4 officer.

parking area for people with disabilities has the same meaning as in the Road Rules 2014, rule 203.