Government Railways (Removal and Disposal of Vehicles) By-law 1978 (WA)
Western Australia
Government Railways Act 1904
Western Australia
Government Railways Act 1904
(1) This by‑law may be cited as the
Government Railways (Removal and Disposal of Vehicles) By‑law 1978 .(2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1).
In this by‑law unless the contrary intentions appears —
The Authority may appoint persons for the purposes of this by‑law.
(1) If a vehicle is left on a railway for a period in excess of 7 days, an authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place.
(2) If an authorised person is of the opinion that a vehicle left on a railway creates a hazard or is unsafe, the authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place.
The Authority may appoint any place or places as it thinks convenient in which vehicles removed pursuant to this by‑law may be held in custody.
Subject to rule 8 where a vehicle is not recovered within a period of 2 months from a place in which it is held pursuant to rule 6 the Authority may sell or otherwise dispose of the vehicle.
(1) The authority must not sell or otherwise dispose of a vehicle under this by‑law unless and until the Authority has caused —
(a) enquiries to be made as to the ownership of the vehicle; and
(b) the owner of the vehicle to be notified by email or post that it is the intention of the Authority to sell or otherwise dispose of the vehicle.
(2) Where by reason that the whereabouts of the owner are not known or otherwise the owner of a vehicle cannot be notified of the intention of the Authority to sell or otherwise dispose of the vehicle the Authority shall publish in a daily newspaper circulating throughout the State notice of intention to sell or otherwise dispose of the vehicle.
If a vehicle is sold or otherwise disposed of under this by‑law the proceeds of a sale (if any) of the vehicle may be applied by the Authority towards recouping the costs of the removal, custody and disposal of the vehicle.
(1) Where the costs of the removal, custody and disposal of the vehicle exceed the proceeds of a sale (if any) of the vehicle the amount of the excess may be recovered by the Authority from the owner in any court of competent jurisdiction.
(2) Where the proceeds of a sale (if any) of a vehicle exceed the costs of the removal, custody and disposal of the vehicle the amount of such excess shall be paid to the owner of the vehicle, or, where the identity or whereabouts of the owner is unknown, shall be credited to the account referred to in the
Public Transport Authority Act 2003 section 32.
The following charges shall be paid by a person who desires to recover a vehicle held in custody under this by‑law —
For the removal of the vehicle to an appointed place for custody — $60 plus $2.60 per kilometre.
For custody of a vehicle — $10 for each day or part day of custody.
This is a compilation of the
21 Jul 1978 p. 2688‑9 | 21 Jul 1978 | |
12 Dec 2003 p. 5041‑7 | 12 Dec 2003 | |
SL 2020/207 23 Oct 2020 | r. 1 and 2: 23 Oct 2020 (see r. 2(a)); By‑law other than r. 1 and 2: 24 Oct 2020 (see r. 2(b)) | |
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