38When council employees may seize motor vehicles or trailers

#### 38 When council employees may seize motor vehicles or trailers 38 When council employees may seize motor vehicles or trailers > > (1) An enforcement officer may seize and take charge of, and remove or tow away or cause to be removed or towed away, a motor vehicle or trailer that has been caused or permitted to be used contrary to law on a part of a designated road in which is conspicuously displayed a sign exhibiting or including— > > > > > (a) the words “tow away area”, or > > > > > (b) the words “vehicles impounded”, or > > > > > (c) words indicating the vehicle is subject to seizure. > > > (2) Before seizing a motor vehicle or trailer, the enforcement officer must— > > > > > (a) if a person is in charge of the vehicle— > > > > > > > (i) request the person to remove the vehicle, or cause it to be removed immediately, and > > > > > > > (ii) give the person a reasonable opportunity to comply with the request, or > > > > > (b) if no person is in charge of the vehicle— > > > > > > > (i) make reasonable inquiry for the purpose of locating the responsible person for, or driver of, the vehicle, and > > > > > > > (ii) if the responsible person or driver is located—carry out the matters referred to in paragraph (a)(i) and (ii). > > > (3) For the purposes of subsection (2)(b)(i), reasonable inquiry— > > > > > (a) must be made in the area where the vehicle is found, and > > > > > (b) does not authorise or require an enforcement officer to enter a building for the purpose of the inquiry.