84Disposal of unclaimed motor vehicles

#### 84 Disposal of unclaimed motor vehicles 84 Disposal of unclaimed motor vehicles > > (1) This clause applies to a motor vehicle that— > > > > > (a) has been towed to a holding yard of a licensee, and > > > > > (b) is being held by the licensee. > > > (2) The licensee may take action, in accordance with this clause, to sell or otherwise lawfully dispose of the vehicle if— > > > > > (a) for a motor vehicle with a value at the time of disposal of the motor vehicle of— > > > > > > > (i) less than $3,000—the licensee has held the motor vehicle for more than 28 days, or > > > > > > > (ii) $3,000 or more—the licensee has held the motor vehicle for more than 6 months, and > > > > > (b) the owner or an agent of the owner of the motor vehicle has not paid the applicable storage fees, if any, and > > > > > (c) the owner or an agent of the owner has not contacted the licensee to arrange for the delivery, collection or continued storage of the motor vehicle. > > > (3) The licensee must give the owner of the motor vehicle written notice of the licensee’s intention to dispose of the motor vehicle. > > > (4) However, the licensee is not required to notify the owner if the licensee is, after making all reasonable inquiries, unable to identify or locate the owner. > > > (5) If the owner fails to arrange for the collection of the motor vehicle within 28 days of the notice being given to the owner, the licensee may dispose of the vehicle. > > > (6) If the motor vehicle is sold and the owner of the vehicle subsequently makes a claim in respect of the vehicle, the licensee is to refund to the owner the difference (if any) between the amount for which the vehicle was sold and the amount of money payable to the licensee by the owner in respect of the towing and storage of the vehicle (including all the costs incurred by the licensee in connection with this clause). > > > (7) A licensee must not dispose of the motor vehicle unless the Commissioner of Police has issued the licensee with a certificate to the effect that the vehicle is not for the time being stolen. > > > (8) A licensee is not liable for any damages arising out of the disposal of a motor vehicle to which this clause applies. > > > (9) A licensee who disposes of a motor vehicle under this clause must, within 7 days after the disposal, make a record that includes the following details— > > > > > (a) the date on which the motor vehicle was disposed of, > > > > > (b) the manner in which the motor vehicle was disposed of, > > > > > (c) if the motor vehicle was sold— > > > > > > > (i) the name and address of the person to whom the motor vehicle was sold, and > > > > > > > (ii) the amount for which it was sold, > > > > > (d) the make, model, type and colour of the motor vehicle, and the following identification details— > > > > > > > (i) the registration number of the vehicle, > > > > > > > (ii) the vehicle’s VIN, > > > > > > > (iii) the chassis number (if any) of the vehicle, > > > > > > > (iv) the engine number (if any) of the vehicle. > > > > Maximum penalty—10 penalty units. > > > (10) A record made in accordance with subclause (9) must be kept for at least 5 years after it is made. > > > > Maximum penalty—20 penalty units.