TASIn ForceAct
Roads and Jetties Act 1935
48BPower to remove vehicles causing obstruction or danger
Start here
Get a plain-English read of 48B
Turn the raw legal text into a practical explanation grounded in Roads and Jetties Act 1935.
### 48B Power to remove vehicles causing obstruction or danger
> [*\[Section 48B Inserted by No. 33 of 2018, s. 5, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-033#GS5@EN)
>
> > (1) A road authority may move, keep or impound any vehicle (and anything in, on or attached to the vehicle) that –
> >
> > > > (a) is causing an unlawful obstruction; or
> > >
> > > > (b) is unlawfully parked or left standing in an area designated by the Minister; or
> > >
> > > > (c) has been left standing illegally for a period of at least 2 days; or
> > >
> > > > (d) has been left standing in an area in which in the opinion of the road authority the vehicle is obstructing the free movement of traffic on a road or from a driveway; or
> > >
> > > > (e) has been left standing in an area in which in the opinion of the road authority the vehicle constitutes a hazard to road safety.
>
> > (2) A road authority must return to its owner a vehicle moved, kept or impounded under [subsection (1)](#GS48B@Gs1@EN) on payment of a fee.
>
> > (3) The fee set for the purposes of [subsection (2)](#GS48B@Gs2@EN) must not exceed an amount that reasonably represents the cost to a road authority of impounding, moving, keeping and releasing the vehicle, including any relevant overhead and other indirect costs.
>
> > (4) Subject to [subsection (5)](#GS48B@Gs5@EN) , a road authority may sell, destroy or give away a vehicle that has been moved, kept or impounded under [subsection (1)](#GS48B@Gs1@EN) (and anything in, on or attached to the vehicle) if the owner of the vehicle has not paid the fee under [subsection (2)](#GS48B@Gs2@EN) within 60 days of the date when the vehicle was first moved, kept or impounded.
>
> > (5) Before exercising the power under [subsection (4)](#GS48B@Gs4@EN) , the road authority must take reasonable steps to notify the owner of the vehicle that the vehicle has been moved, kept or impounded and that it may be sold, destroyed or given away unless the specified fee is paid within 60 days.
>
> > (6) A road authority and anyone who obtains the vehicle from a road authority under [subsection (4)](#GS48B@Gs4@EN) is not liable to the owner of the vehicle or any other person in respect of any action taken under that subsection.