41BPower of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys

### 41B Power of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys > *\[Section 41B Inserted by No. 34 of 1981, s. 5 \]*[*\[Section 41B Repealed by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpg@EN) > > > (1)  In this section – > > > > > ***adult*** means a person who has attained the age of 17 years; > > > > > ***Commissioner*** means the Commissioner of Police; > > > > > ***contravention*** includes a failure to comply; > > > > > [*\[Section 41B Subsection (1) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021\]*](/view/html/inforce/2021-12-15/act-2021-029#GS4@Hpa@EN) ***personal mobility device*** means a personal mobility device within the meaning of the *Road Rules*; > > > > [*\[Section 41B Subsection (1) amended by No. 40 of 2009, s. 6, Applied:30 Nov 2009\]*](/view/html/inforce/2009-11-30/act-2009-040#GS6@EN) > > > > > ***wheeled recreational device*** means a wheeled recreational device within the meaning of the *Road Rules*; > > > > > ***wheeled toy*** means a wheeled toy within the meaning of the *Road Rules*. > > > (2)  [*\[Section 41B Subsection (2) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021\]*](/view/html/inforce/2021-12-15/act-2021-029#GS4@Hpb@EN) A police officer who reasonably believes that a person apparently in charge of a personal mobility device, wheeled recreational device or wheeled toy is using it contrary to the *Road Rules* may, having regard to the circumstances of the contravention and any attendant danger to the person or the public, seize and detain the device or toy. > > > (3)  [Subsection (2)](#GS41B@Gs2@EN) has effect whether or not the police officer takes any other action regarding the contravention. > > > (4)  [*\[Section 41B Subsection (4) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021\]*](/view/html/inforce/2021-12-15/act-2021-029#GS4@Hpc@EN) The police officer, on seizing the personal mobility device, wheeled recreational device or wheeled toy, must inform the person how it may be re-claimed. > > > (5)  [*\[Section 41B Subsection (5) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021\]*](/view/html/inforce/2021-12-15/act-2021-029#GS4@Hpd@EN) After 7 days the Commissioner must, when practicable, release the personal mobility device, wheeled recreational device or wheeled toy on request to – > > > > > > (a) the person from whom it was seized if the person is then an adult; or > > > > > > > (b) if the person from whom it was seized is not then an adult – > > > > > > > > > > (i) the person's parent or guardian; or > > > > > > > > > > > (ii) an adult who is legally entitled to take possession of the device or toy. > > > (6)  [*\[Section 41B Subsection (6) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021\]*](/view/html/inforce/2021-12-15/act-2021-029#GS4@Hpe@EN) If the personal mobility device, wheeled recreational device or wheeled toy is not re-claimed and released within 30 days of its seizure, the Commissioner must make a reasonable attempt to notify the person from whom it was seized that, if not re-claimed, the device or toy will be forfeited to the Crown after a further 30 days. > > > (7)  [*\[Section 41B Subsection (7) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021\]*](/view/html/inforce/2021-12-15/act-2021-029#GS4@Hpf@EN) If, after the Commissioner has complied with [subsection (6)](#GS41B@Gs6@EN) , the personal mobility device, wheeled recreational device or wheeled toy has still not been re-claimed and released within the further 30 days it is forfeited to the Crown and may be sold or otherwise disposed of as the Commissioner sees fit.