Road Safety (General) (Vehicle Impoundment) Regulations 2006

i Road Safety (General) (Vehicle Impoundment) Regulations 2006 S.R. No. 82/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. New Part 3A inserted 2 PART 3A—VEHICLE IMPOUNDMENT, IMMOBILISATION AND FORFEITURE 2 314. Notice to driver and registered operator 2 315. Evidence of identity and entitlement to recover vehicle 3 316. Form of search and seizure warrant 3 317. Form of report on execution of warrant 3 5. New Schedules 2A and 2B inserted 4 SCHEDULE 2A—Search and Seizure Warrant 4 SCHEDULE 2B—Report on Execution of Search and Seizure Warrant 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2006 S.R. No. 82/2006 Road Safety Act 1986 Road Safety (General) (Vehicle Impoundment) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 27 June 2006 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Road Safety (General) Regulations 1999 to include prescribed particulars in relation to the impoundment, immobilisation and forfeiture of motor vehicles under Part 6A of the Road Safety Act 1986. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement These Regulations come into operation on 1 July 2006. -- 2 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 2 4. New Part 3A inserted After Part 3 of the Road Safety (General) Regulations 1999 1 insert— "PART 3A—VEHICLE IMPOUNDMENT, IMMOBILISATION AND FORFEITURE 314. Notice to driver and registered operator A notice under section 84K of the Act must contain the following particulars— (a) the driver's address, sex and date of birth; (b) the number, type and expiry date of the driver's driver licence; (c) if the driver is not the registered operator of the motor vehicle, the name, address and other details of the registered operator; (d) if the motor vehicle is moved to a holding yard by use of a tow truck, the name of the operator of the tow truck; (e) the details of the member of the police force who seized the motor vehicle or required it to be surrendered; (f) advice that it is an offence to move an impounded motor vehicle without authorisation; (g) if the notice is given to the registered operator of the motor vehicle who is not the owner or sole owner of the motor vehicle, advice that the registered operator must take reasonable steps to serve a copy of the notice on any owner as soon as reasonably practicable. r. 4 -- 3 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 3 315. Evidence of identity and entitlement to recover vehicle (1) For the purposes of section 84Q of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is the registered operator of the motor vehicle is the production of the person's current driver licence bearing a photograph of the person. (2) For the purposes of section 84Q of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is not the registered operator of the motor vehicle is— (a) the production of the person's current driver licence bearing a photograph of the person; and (b) the certificate of registration for the motor vehicle issued by the Corporation; and (c) a written statement signed by the registered operator authorising the release of the motor vehicle to the person. 316. Form of search and seizure warrant For the purposes of section 84ZH(4) of the Act, the prescribed form of a search and seizure warrant is the form in Schedule 2A. 317. Form of report on execution of warrant For the purposes of section 84ZO(2) of the Act, the prescribed form of a report on the execution of a search and seizure warrant is the form in Schedule 2B.". r. 4 -- 4 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 4 5. New Schedules 2A and 2B inserted After Schedule 2 to the Road Safety (General) Regulations 1999 insert— "SCHEDULE 2A Regulation 316 SEARCH AND SEIZURE WARRANT Court Ref. This warrant is issued for the purpose of searching for and seizing the motor vehicle described. Description of motor vehicle authorised for seizure: • Registration number (if known): • Vehicle identifier (if known): • Engine identification number (if known): • Make, model and colour of motor vehicle: Premises which may be searched for motor vehicle: Number and name of street and suburb or other description of premises: Grounds for issue of warrant: Reasonable grounds for believing that the motor vehicle described above— † is † may be within the next 72 hours— in or on the premises described. This warrant is issued to the following member(s) of the police force— • Name: • Rank number: • Agency and address: –––––––––––––––––––––––––––––––––––––––––––––––– r. 5 -- 5 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 5 This warrant authorises the member(s) of the police force named, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to— † enter the premises described; † use reasonable force to break into or open any structure on the premises described above that may store the motor vehicle described; † search for and seize the motor vehicle described. This warrant also authorises the member(s) of the police force named, or a person assisting that member or those members, to seize and impound or immobilise the motor vehicle described in this warrant. Nothing in this warrant authorises the seizure of property not described in this warrant or the arrest of a person. –––––––––––––––––––––––––––––––––––––––––––––––– This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first. The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter. If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant. –––––––––––––––––––––––––––––––––––––––––––––––– This warrant is issued under section 84ZH of the Road Safety Act 1986. Issued at a.m./p.m. on / / at by Magistrate. __________________ r. 5 -- 6 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 6 SCHEDULE 2B Regulation 317 REPORT ON EXECUTION OF SEARCH AND SEIZURE WARRANT To the registrar of the Magistrates' Court I, (insert name and address) being the person to whom this search and seizure warrant was issued, report the following outcome in relation to the warrant— † The warrant was executed by (insert name and address) at a.m./p.m. on / / The following motor vehicle was seized— • Registration number (if known): • Vehicle identifier (if known): • Engine identification number (if known): • Make, model and colour of motor vehicle: A copy of the warrant * was given to the occupier * was given to a person at the premises other than the occupier * was not given to the occupier or any other person at the premises because— (set out reasons why copy of warrant not given) * Delete whichever is inapplicable r. 5 -- 7 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 7 † This warrant was not executed because— (set out reasons why warrant not executed) Date Signature __________________". ═══════════════ r. 5 -- 8 of 9 -- S.R. No. 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 8 ENDNOTES 1 Reg. 4: S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002 and further amended by S.R. Nos 87/2003, 88/2004, 132/2004, 159/2004, 68/2005, 120/2005, 126/2005 and 23/2006. Endnotes -- 9 of 9 --