Traffic Amendment (Wheeled Recreational Devices and Wheeled Toys) Act 2001
An Act to amend the Traffic Act 1925
[Royal Assent 26 April 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Traffic Amendment (Wheeled Recreational Devices and Wheeled Toys) Act 2001 . 2CommencementThis Act commences on 1 July 2001. 3Principal ActIn this Act, the Traffic Act 1925 is referred to as the Principal Act. 4Sections 41B and 41C insertedAfter section 41A of the Principal Act , the following sections are inserted in Part IV: 41BPower of police officer to temporarily confiscate wheeled recreational devices and toys (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; Road Rules means the regulations made under section 31A ; 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) A police officer who reasonably believes that a person apparently in charge of a 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) has effect whether or not the police officer takes any other action regarding the contravention. (4) The police officer, on seizing the wheeled recreational device or wheeled toy, must inform the person how it may be re-claimed. (5) After 7 days the Commissioner must, when practicable, release the 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) If the 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) If, after the Commissioner has complied with subsection (6) , the 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. 41CRoad authorities not liable if roads, &c., unsuitable for wheeled recreational devices and toys (1) In this section – edge line for a road, means a line marked along the road at or near the far left or far right side of the road (excluding any road-related area); road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles and includes – (a) a road shoulder; and (b) a road-related area; road authority means a person, body corporate or body politic responsible for designing, constructing, maintaining or managing roads; road-related area means any of the following: (a) an area that divides a road; (b) a footpath or nature strip adjacent to a road; (c) an area that is not a road but is open to the public and designated for use, whether exclusively or otherwise, by cyclists or animals; (d) an area that is not a road but is open to or used by the public for driving, riding or parking vehicles; Road Rules means the regulations made under section 31A ; road shoulder means any part of a road that is not designed to be used by motor vehicles in travelling along the road, and includes – (a) for a kerbed road, any part of the kerb; and (b) for a sealed road, any unsealed part of the road and any sealed part of the road outside the edge line of the road – but does not include a footpath or any other kind of path; 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) A road authority does not incur any civil liability for an act or omission on its part in the design, construction, maintenance or management of a road to take account of the fact that the users or potential users of the road may include riders of wheeled recreational devices and wheeled toys. [Second reading presentation speech made in:
House of Assembly on 29 MARCH 2001
Legislative Council on 4 APRIL 2001]