sec.135Unlawfully interfering with, or detaining, vehicles etc.

### sec.135 Unlawfully interfering with, or detaining, vehicles etc. A person must not, without the owner’s consent— drive or otherwise use a vehicle on a road; or wilfully interfere with— any mechanism or other part of, or equipment attached to, a vehicle or tram on a road or elsewhere; or the harness or other equipment attached to an animal on a road; or detain a vehicle parked or stopped on a road or elsewhere by— attaching an immobilising device to the vehicle; or placing an immobilising device near the vehicle. by locking in an upright position, a moveable steel post (commonly called a parking sentinel ) that is secured to the ground at the entrance of a parking space where the vehicle is parked or stopped Maximum penalty—40 penalty units or 6 months imprisonment. For subsection (1) (c) , the owner’s consent must be given expressly. Subsection (1) does not apply to a police officer exercising the officer’s powers or performing the officer’s functions, or a person acting under a lawful direction of a police officer. Subsection (1) (c) does not apply to the sheriff or another person authorised by law to execute a warrant of execution against the vehicle. Subsection (1) (c) does not apply to an enforcement officer under the State Penalties Enforcement Act 1999 who is enforcing an immobilisation warrant under that Act. This section does not limit the exercise of a power over a vehicle that a person may have as the holder of a security interest in the vehicle. The common law remedy of distress damage feasant in relation to trespass on land by a vehicle is abolished to the extent that it is inconsistent with subsection (1) (c) . However, subsection (5) does not limit a right a person may have to remove, or cause to be removed, from land a vehicle parked or stopped on the land. Subsection (6) does not apply to a person who has detained a vehicle in contravention of subsection (1) (c) . In this section— detain includes immobilise. immobilising device , for a vehicle, means— wheel clamps; or another device that effectively detains the vehicle. interfere with includes damage, destroy and remove. owner of a vehicle includes a person in lawful possession of the vehicle. security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 . s 135 (prev 1949 13 Geo 6 No. 26 s 60) amd 1974 No. 18 s 24 ; 1994 No. 7 s 3 sch sub 1997 No. 66 s 34 amd 1999 No. 42 s 22 , s 54 (1) sch amdts 151–152 reloc 1999 No. 42 s 54 (1) sch amdt 153 amd 2003 No. 22 s 30 sch ; 2009 No. 48 s 44 ; 2010 No. 44 s 228 (sec.135-ssec.1) A person must not, without the owner’s consent— drive or otherwise use a vehicle on a road; or wilfully interfere with— any mechanism or other part of, or equipment attached to, a vehicle or tram on a road or elsewhere; or the harness or other equipment attached to an animal on a road; or detain a vehicle parked or stopped on a road or elsewhere by— attaching an immobilising device to the vehicle; or placing an immobilising device near the vehicle. by locking in an upright position, a moveable steel post (commonly called a parking sentinel ) that is secured to the ground at the entrance of a parking space where the vehicle is parked or stopped Maximum penalty—40 penalty units or 6 months imprisonment. (sec.135-ssec.1A) For subsection (1) (c) , the owner’s consent must be given expressly. (sec.135-ssec.2) Subsection (1) does not apply to a police officer exercising the officer’s powers or performing the officer’s functions, or a person acting under a lawful direction of a police officer. (sec.135-ssec.3) Subsection (1) (c) does not apply to the sheriff or another person authorised by law to execute a warrant of execution against the vehicle. (sec.135-ssec.3A) Subsection (1) (c) does not apply to an enforcement officer under the State Penalties Enforcement Act 1999 who is enforcing an immobilisation warrant under that Act. (sec.135-ssec.4) This section does not limit the exercise of a power over a vehicle that a person may have as the holder of a security interest in the vehicle. (sec.135-ssec.5) The common law remedy of distress damage feasant in relation to trespass on land by a vehicle is abolished to the extent that it is inconsistent with subsection (1) (c) . (sec.135-ssec.6) However, subsection (5) does not limit a right a person may have to remove, or cause to be removed, from land a vehicle parked or stopped on the land. (sec.135-ssec.7) Subsection (6) does not apply to a person who has detained a vehicle in contravention of subsection (1) (c) . (sec.135-ssec.8) In this section— detain includes immobilise. immobilising device , for a vehicle, means— wheel clamps; or another device that effectively detains the vehicle. interfere with includes damage, destroy and remove. owner of a vehicle includes a person in lawful possession of the vehicle. security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 . - (a) drive or otherwise use a vehicle on a road; or - (b) wilfully interfere with— (i) any mechanism or other part of, or equipment attached to, a vehicle or tram on a road or elsewhere; or (ii) the harness or other equipment attached to an animal on a road; or - (i) any mechanism or other part of, or equipment attached to, a vehicle or tram on a road or elsewhere; or - (ii) the harness or other equipment attached to an animal on a road; or - (c) detain a vehicle parked or stopped on a road or elsewhere by— (i) attaching an immobilising device to the vehicle; or (ii) placing an immobilising device near the vehicle. Example of paragraph (c) (ii) — by locking in an upright position, a moveable steel post (commonly called a parking sentinel ) that is secured to the ground at the entrance of a parking space where the vehicle is parked or stopped - (i) attaching an immobilising device to the vehicle; or - (ii) placing an immobilising device near the vehicle. - (i) any mechanism or other part of, or equipment attached to, a vehicle or tram on a road or elsewhere; or - (ii) the harness or other equipment attached to an animal on a road; or - (i) attaching an immobilising device to the vehicle; or - (ii) placing an immobilising device near the vehicle. - (a) wheel clamps; or - (b) another device that effectively detains the vehicle.