Main Roads Act Amendment Act 1988 (Qld)

957 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 80 of 1988 An Act to amend the Main Roads Act 1920 - 1985 in certain particulars [ASSENTED TO 11TH NOVEMBER, 1988]

958 Main Roads Act Amendment Act 1988, No. 80 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Main Roads Act Amendment Act 1988. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the Main Roads Act 1920-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Main Roads Act 1920-1988. 4. New s. lic. The Principal Act is amended by inserting after section 11 B the following section:- "11c. Removal of stationary vehicles and animals from motorways . (1) Subject to this section, where a stationary vehicle on a motorway (in this section referred to as "the vehicle") is, in the opinion of the Commissioner or a person authorized by him- (a) a hazard to users of the motorway; or (b) causing or likely to cause danger, inconvenience or obstruction to traffic on the motorway; a person authorized by the Commissioner (in this section referred to as "the contractor") may seize and remove the vehicle from the motorway. (2) Where the owner or the driver of the vehicle is not with the vehicle the contractor may take the vehicle to and store it at a place of storage approved by the Commissioner (in this section referred to as "the place of storage"). (3) Where the owner or the driver is with the vehicle the contractor shall give him the option of having the vehicle taken from the motorway and left at a place nearby where it may be lawfully parked instead of being taken to the place of storage. (4) (a) The expenses payable in respect of the seizure, removal, storage, sale or disposal of the vehicle and the notification of the registered owner pursuant to this section shall be- (i) the amount or various amounts prescribed; or (ii) where no such amount or amounts are prescribed the actual amount paid by the Commissioner in

Main Roads Act Amendment Act 1988, No. 80 959 respect of the seizure, removal, storage, sale or disposal of the vehicle and the notification of the registered owner as the case may be. (b) In the situation referred to in subsection (3), the expenses incurred shall be payable by the person registered at the relevant time in the records of the Commissioner as the owner of the vehicle (in this section referred to as "the registered owner") and may be recovered from such person by action in any court of competent jurisdiction. (5) Where the vehicle has been taken to the place of storage the Commissioner shall, as soon as practicable thereafter, cause notice of the seizure of and the location of the vehicle to be given in writing to the registered owner. The notice shall, where practicable, be served on the registered owner personally but if it is not able to be so served within 7 days may be given by posting it to the last known address of the registered owner. (6) The vehicle in the place of storage shall not be delivered to the registered owner, or to another person acting on his behalf or claiming a right to possession of the vehicle unless- (a) the registered owner or that other person has applied to the Commissioner in writing signed by him for the release of the vehicle; (b) the registered owner or that other person has furnished proof to the satisfaction of the Commissioner that he is the registered owner or of his right to possession of the vehicle and, in the case of that other person acting on behalf of the registered owner, has furnished proof to the satisfaction of the Commissioner of his authority to so act for the registered owner; (c) all expenses incurred in respect of the seizure, removal, storage, sale or disposal of the vehicle and the notification of the registered owner have been paid; and (d) the recipient of the vehicle has signed a receipt for its delivery to him. (7) If a person has not taken delivery of the vehicle pursuant to subsection (6) within 30 days from service of the notice of the seizure of the vehicle on the registered owner the Commissioner shall as soon as practicable thereafter- (a) by notice published in a newspaper circulating in the locality of the last known address of the registered owner, advertise that it will offer the vehicle for sale by public auction at the time, date and place stated in the advertisement; and (b) at the time on the date specified in the advertisement (which date shall not be earlier than 14 days from the date the advertisement was published) and at the

960 Main Roads Act Amendment Act 1988, No. 80 place specified in the advertisement, offer the vehicle for sale by public auction unless a person has sooner obtained the release of the vehicle pursuant to subsection (6). (8) If an offer to purchase the vehicle considered reasonable by the Commissioner is not received at the public auction the Commissioner shall sell or dispose of the vehicle in such manner and on such terms as he considers reasonable. (9) (a) The Commissioner shall apply the proceeds of the sale of the vehicle as follows:- (i) firstly, in payment of the expenses referred to in subsection (4) (a); (ii) secondly, in payment of the balance of the proceeds, if any, to the registered owner except where another person satisfies the Commissioner that he is the owner and is entitled to some or all of the balance of the proceeds. (b) Where no valid request for payment of the balance of the proceeds has been received by the Commissioner from the owner or from another person acting on his behalf within 90 days from the sale of the vehicle, the Commissioner shall pay the balance of the proceeds to The Main Roads Fund. (10) Where a vehicle has been removed pursuant to this section the Commissioner may deal with any goods, equipment or thing (other than perishable goods) contained in, on or about the vehicle at the time of its removal in the same manner as he may deal with the vehicle pursuant to this section. Any perishable goods in, on or about the vehicle at the time of its removal may be disposed of in such manner as the Commissioner considers appropriate and the proceeds of that disposal, if any, shall be applied in accordance with subsection (9). (11) For the purposes of this section "owner" has the meaning assigned to it in the Traffic Act 1949-1985. (12) (a) Where an animal is on a motorway a person authorised by the Commissioner may seize and remove it to a place approved by the Commissioner. (b) If the Commissioner knows the identity and address of the owner of the animal he shall notify that person of its seizure and location in such manner as he thinks fit. (c) The animal shall not be delivered to any person unless- (i) the Commissioner is satisfied that that person is the owner of the animal or is otherwise lawfully entitled thereto; (ii) the actual expenses incurred in respect of the seizure, removal, keeping, sale or disposal of the animal and

Main Roads Act Amendment Act 1988, No. 80 961 the notification of the owner have been paid. These expenses shall be calculated by the Commissioner; and (iii) the recipient of the animal has signed a receipt for its delivery to him. (d) If a person has not taken delivery of the animal within 30 days from the date of its seizure the Commissioner shall sell or dispose of the animal in such manner and on such terms as he considers reasonable. (e) The Commissioner shall apply the proceeds of the sale of the animal as follows:- (i) firstly, in payment of the actual expenses of the seizure, removal, keeping, sale or disposal of the animal and the notification of the owner; (ii) secondly, in payment of the balance of the proceeds, if any, to the person the Commissioner considers is lawfully entitled thereto. (f) Where no valid request for payment of the balance of the proceeds has been received by the Commissioner from a person the Commissioner is satisfied is the owner within 90 days from the sale of the animal the Commissioner shall pay the balance of the proceeds to The Main Roads Fund: (13) A person shall not- (a) obstruct the Commissioner or the contractor during the seizure and removal of a vehicle or animal from the motorway or during its subsequent storage or keeping; (b) take delivery of, or obtain possession of or remove or attempt to remove the vehicle or animal from the place of storage or keeping except in accordance with the provisions of subsection (6) or subsection (12) (c) as the case may be. (14) The provisions of this section do not apply where a vehicle or animal has been involved in an incident which must be reported to a member of the Police Force pursuant to section 31 of the Traffic Act 1949-1985. (15) This section binds the Crown.". 5. New s . 38A. The Principal Act is amended by inserting after section 38 the following section:- "38A. Protection from liability . Liability at law shall not attach to the Crown, the Minister, the Commissioner or any other person on account of any act or thing- (a) done or omitted to be done pursuant to this Act; or (b) done or omitted to be done bona fide for the purposes of this Act and without negligence.".

962 Main Roads Act Amendment Act 1988, No. 80 6. Amendment of s. 39. Regulations . Section 39 of the Principal Act is amended by- (a) omitting the expression "(1)" where it appears at the beginning of the first paragraph; (b) omitting subsections (2) and (3).