sec.9Removal and holding of illegally parked vehicles

sec.9 Removal and holding of illegally parked vehicles

This section applies if an authorised person, police officer or security officer— believes on reasonable grounds that— a vehicle has been parked in contravention of section 4 (2) or 5 (2) ; and it is necessary to remove the vehicle, having regard to the safety or convenience of traffic at the site; and either— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately. The authorised person, police officer or security officer may— seize, remove and hold the vehicle; or cause the vehicle to be seized, removed and held. The vehicle must be held at a safe place. As soon as practicable and no later than 14 days after the vehicle is seized, the corporation must give a written notice to the owner of the vehicle. However, if within 14 days after the vehicle is seized the corporation can not identify or locate the owner, the corporation must give the notice to the owner by publishing the notice— in a newspaper circulating generally in the State; and on the corporation’s website. The notice must state— where the vehicle is being held; and how the owner may recover the vehicle. The owner must pay to the corporation the reasonable cost of seizing, removing, holding and returning the vehicle. (sec.9-ssec.1) This section applies if an authorised person, police officer or security officer— believes on reasonable grounds that— a vehicle has been parked in contravention of section 4 (2) or 5 (2) ; and it is necessary to remove the vehicle, having regard to the safety or convenience of traffic at the site; and either— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately. (sec.9-ssec.2) The authorised person, police officer or security officer may— seize, remove and hold the vehicle; or cause the vehicle to be seized, removed and held. (sec.9-ssec.3) The vehicle must be held at a safe place. (sec.9-ssec.4) As soon as practicable and no later than 14 days after the vehicle is seized, the corporation must give a written notice to the owner of the vehicle. (sec.9-ssec.5) However, if within 14 days after the vehicle is seized the corporation can not identify or locate the owner, the corporation must give the notice to the owner by publishing the notice— in a newspaper circulating generally in the State; and on the corporation’s website. (sec.9-ssec.6) The notice must state— where the vehicle is being held; and how the owner may recover the vehicle. (sec.9-ssec.7) The owner must pay to the corporation the reasonable cost of seizing, removing, holding and returning the vehicle.

• (a) believes on reasonable grounds that— (i) a vehicle has been parked in contravention of section 4 (2) or 5 (2) ; and (ii) it is necessary to remove the vehicle, having regard to the safety or convenience of traffic at the site; and