42Application for release of seized motor vehicle or trailer

#### 42 Application for release of seized motor vehicle or trailer 42 Application for release of seized motor vehicle or trailer > > (1) An application for the release of a motor vehicle or trailer kept or impounded under this Division must be made to the general manager at an office of the Council of the City of Sydney during office hours on a business day by— > > > > > (a) the responsible person for the motor vehicle or trailer, or > > > > > (b) a person acting on behalf of the responsible person. > > > (2) The application must be dealt with by an enforcement officer. > > > (3) The motor vehicle or trailer must not be released from custody unless— > > > > > (a) the applicant has provided evidence to the enforcement officer regarding the identity of the responsible person for the motor vehicle or trailer, and > > > > > (b) the enforcement officer is satisfied the applicant— > > > > > > > (i) is the responsible person, or > > > > > > > (ii) possesses authority to act on behalf of the responsible person, and > > > > > (c) the amount payable under a penalty notice served on the responsible person for an offence against this Regulation in relation to stopping or parking the motor vehicle or trailer in the portion of the designated road from which it was removed or towed away has been paid, and > > > > > (d) the appropriate amount fixed by Transport for NSW as the amount payable for the seizure, taking charge of, removal, towing away, keeping, impounding or releasing of the motor vehicle or trailer has been paid to the enforcement officer, and > > > > > (e) the applicant has signed a receipt for the delivery of the motor vehicle or trailer on a form supplied to the applicant by the enforcement officer. > > > (4) For the purposes of subsection (3)(c), an amount is not to be taken to be payable under a penalty notice unless the requirements of Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) have been complied with.