Untitled document

Road Safety (Wheel Clamping) Act 1996

Act No. 25/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	New Part 7A inserted in Road Safety Act 1986	2
PART 7A—PRIVATE PARKING AREAS	2
90A. Definitions	2
90B. Abolition of distress damage feasant in relation to motor

vehicles 3

90C. Detention or immobilisation of motor vehicles	4
90D. Agreements	5
90E. Parking in council controlled areas	7
90F. Removal of vehicles from council controlled areas	8
90G. Entry by police to council controlled areas	9
90H. Wheel clamping agreements	9

5.	Power to serve parking infringement notices	10
6.	Penalty for parking infringement in council controlled area	13
7.	Consequential amendment	13

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NOTES 14

i

Victoria

No. 25 of 1996

Road Safety (Wheel Clamping) Act

1996†

[Assented to 2 July 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is—

(a) to prohibit, except in certain circumstances, the detention or immobilisation of motor vehicles that enter on certain land and to regulate the removal of motor vehicles from certain areas;

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(b)	to enable a breach of parking restrictions on private property to be prosecuted where the owner or occupier has entered into a parking
services agreement with the municipal council;

(c) to amend the Road Safety Act 1986.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation within the period of 6
months beginning on, and including, the day on
which this Act receives the Royal Assent, it
comes into operation on the first day after the end

of that period.

No. 127/1986.

Reprinted to	3. Principal Act
No. 58/1995
and	In this Act, the Road Safety Act 1986 is called
subsequently	the Principal Act.
amended by No. 100/1995.

4. New Part 7A inserted in Road Safety Act 1986

After Part 7 of the Principal Act insert—

'PART 7A—PRIVATE PARKING AREAS

90A. Definitions

In this Part—

"council controlled area" means an area in

respect of which there is in force an
agreement under section 90D;

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"driver", in relation to a motor vehicle that has been parked or left standing, means the person who was driving the motor

vehicle when it was parked or left
standing;

"owner", in relation to a motor vehicle, has the same meaning as in Part 7;

"parking services", in relation to land,

means services in relation to the
regulation or control of the parking of
motor vehicles on the land including
the issue of parking infringement

notices;

"public parking area" means—

(a)	an area provided on land for the parking of motor vehicles by members of the public on payment of a charge; or
(b)	any area that is prescribed to be a public parking area, or is included in a class of areas that is
prescribed to be public parking areas, for the purposes of this Part.

90B. Abolition of distress damage feasant in

relation to motor vehicles

(1) The common law remedy of distress damage feasant is abolished to the extent to which it applies in relation to trespass on land by

motor vehicles.

(2) Nothing in this Part affects any right that a

person may have, apart from this Part, to
remove or cause to be removed from land a
motor vehicle that has been parked or left
standing on that land.

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(3) Sub-section (2) does not apply to a motor

vehicle that has been detained or

immobilised in contravention of section 90C.

90C. Detention or immobilisation of motor

vehicles

(1) A person, not being—

(a) a member of the police force; or

(b)	the sheriff or any other person authorised by law to execute a warrant against the motor vehicle; or
(c)	a person authorised to do so by or on behalf of the owner or driver of the motor vehicle—

must not detain or immobilise (whether by wheel clamps or any other means) a motor vehicle that has been parked or left standing

(whether attended or not) on land to which
this section applies.

Penalty: 20 penalty units.

(2) This section applies to land other than land

that is—

(a)	a public highway within the meaning of the Local Government Act 1989; or
(b)	a declared road within the meaning of the Transport Act 1983; or

(c) a public parking area.

(3) Nothing in this section affects the exercise of any power over a motor vehicle that a person may have as the holder of a security interest

(within the meaning of the Chattel under a possessory lien or pledge over the motor vehicle.

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90D. Agreements

(1) The owner or occupier of any land (other

than land on which, apart from section 90E, a parking infringement could be committed in respect of a vehicle) may enter into an
agreement with the municipal council in
whose municipal district the land is situated
for the provision by that council of parking

services.

(2) The agreement must provide for—

(a)

compliance by the owner or occupier to—

(i)  restricting access to the land by motor vehicles;

(ii)  signs to be placed, or markings to be made, on the land;

(iii)  the siting, installation and maintenance of signs and markings;

(b)	the kind of parking services to be provided by the municipal council and the times at which, or circumstances in which, those parking services are to be provided;
(c)	the fees, costs and charges (if any) to be paid to the municipal council by the owner or occupier;
(d)	rights of access to the land by persons authorised by the municipal council in connection with the provision of

parking services and the duties and obligations to be complied with by those persons while exercising those

rights;

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(e) any other matter that may be prescribed.

(3) The agreement may contain—

(a)	a provision leaving any matter to be determined, approved or dispensed with by a specified person or body;
(b)

a provision providing for the agreement in specified circumstances;

(c) any other provisions that are not inconsistent with this Part or the regulations.

(4) A provision of an agreement under this

section that specifies requirements in relation

to signs or their siting must—

(a)	where appropriate and subject to any standards notified under sub-section (5), provide for signs of the kind used
for the regulation and control of vehicular traffic on highways;
(b)	require signs installed on the land to be prominently displayed and clearly visible to users of the land;
(c)	require the installation of a sign indicating the place to which a vehicle towed from the land under section 90F is to be taken and stored pending payment of the release fee or giving a telephone number from which information about that place may be obtained at any time of the day or night;
(d)	comply with standards notified under sub-section (5).

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(5) The Minister may, by notice in the

Government Gazette, require compliance
with standards for signs in council controlled
areas.

(6) A standard may apply, adopt or incorporate

any matter contained in any document issued
or published by any person or body
whether—

(a)	wholly or partially or as amended by the standard; or
(b)	as issued or published at the time the notice is published or at any time before then; or
(c)	as issued or published from time to time.

(7) The standards must be available for

inspection on request at a place which is open to the public and is specified in the notice.

90E. Parking in council controlled areas

A person must not park a motor vehicle, or leave a motor vehicle standing, in a council controlled area or part of a council controlled

area—

(a)	contrary to the inscription on any sign associated with the area or part; or
(b)	except in the manner indicated by the inscription on any sign associated with the area or part; or
(c)	contrary to any limitation in respect of days, periods of the day, classes of persons or classes of vehicles indicated by the inscription on any sign associated with the area or part.

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Penalty: 3 penalty units.

90F. Removal of vehicles from council

controlled areas

(1) A member of the police force may, in

accordance with this section, remove, or
cause to be removed, from a council
controlled area a motor vehicle that has been
parked or left standing in that area and in
respect of which a parking infringement has
been committed.

(2) A member of the police force may only act

under sub-section (1) if a parking
infringement notice has been served in
respect of the parking infringement and—

(a)	the member of the police force is satisfied that the owner or occupier of the council controlled area has requested the owner or driver of the vehicle to remove it and that person has refused to do so; or
(b)	in the opinion of the member of the police force, the vehicle—

(i)  is obstructing access to, or egress from, the council controlled area by vehicles or pedestrians; or

(ii)  is obstructing the free passage of vehicles or pedestrians within the council controlled area; or

(iii)  has been left unattended for more than 48 hours; or

(iv)  is endangering life or property or otherwise causing concern about safety.

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(3) A vehicle removed in accordance with this section from a council controlled area must be towed from the area by a tow truck within

the meaning of Part VI of the Transport Act
1983 operating in accordance with a licence
granted under Division 8 of that Part.

(4) The authority to tow within the meaning of Part VI of the Transport Act 1983 must be signed by a member of the police force.

(5) A vehicle that has been towed under this

section must be taken to, and stored at, the place specified in the authority to tow and released to its owner or the owner's agent on
payment by that person of a release fee.

(6) The amount of a release fee must not exceed

the prescribed amount or, if there is no
prescribed amount, an amount that
reasonably represents the cost of towing,
storing and releasing the vehicle (including
any relevant overhead and other indirect
costs).

90G. Entry by police to council controlled areas

(1) A member of the police force may, for the

purpose only of issuing parking infringement
notices or authorising the towing of motor
vehicles, enter any place that is a council

controlled area.

(2) Nothing in this section limits any other

power of entry to a council controlled area that a member of the police force has under any other law.

90H. Wheel clamping agreements

(1) An agreement, whether entered into before or after the commencement of section 4 of the Road Safety (Wheel Clamping) Act

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1996, is void to the extent to which it
authorises, or purports to authorise, a person
to do an act in contravention of section 90C
or to remove from any land a motor vehicle
detained or immobilised in contravention of
section 90C.

(2) A party to an agreement that is void wholly or partly by reason of sub-section (1) is not entitled to recover from the owner or

occupier of any land to which the agreement
relates or purports to relate or any other
person any amount in respect of the
provision of services under the void
agreement or part agreement and must repay

to the person from whom it was received—

(a)	any amount received before the commencement of section 4 of the Road Safety (Wheel Clamping) Act 1996 in respect of those services, being services that were to be provided after that commencement; and
(b)	commencement of section 4 of the

any amount received after the 1996 in respect of those services.

(3) If a party does not repay an amount required

by sub-section (2) to be repaid, the person
entitled to be repaid may recover the amount
from the party as a debt in a court of
competent jurisdiction.'.

5. Power to serve parking infringement notices

(1) In section 87(1) of the Principal Act, after

"vehicle" insert "on land or premises other than a council controlled area within the meaning of Part 7A".

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(2) In section 87 of the Principal Act, after sub-

section (1) insert—

"(1A) Without limiting sub-section (1), if a person, not being a member of staff of the municipal council, who is authorised in writing to do so either generally or in any particular case by a municipal council has reason to believe that

a parking infringement has been committed in respect of any vehicle on land within the municipal district of the municipal council, he or she may serve or cause to be served a parking infringement notice as provided in the regulations.

(1B) If— (a) a member of the police force; or

(b)	a member of staff of the municipal council; or
(c)

a person, not being a member of staff of authorised in writing to do so either generally or in any particular case by the municipal council—

has reason to believe that a parking
infringement has been committed in respect
of any vehicle on land within the municipal
district of a municipal council, being land
that is a council controlled area within the
meaning of Part 7A, he or she may serve or
cause to be served a parking infringement

notice as provided in the regulations.

(1C) A municipal council may only authorise

under sub-section (1A) or (1B)(c) a person
whom it is satisfied—

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(a)	is competent to exercise the functions conferred on an authorised person by or under this Part; and
(b)	is of good repute, having regard to character, honesty and integrity; and
(c)	has agreed in writing to exercise the functions conferred on an authorised person by or under this Part according
to performance criteria established from time to time by the municipal council.

(1D) A municipal council must issue an identity

card to any person authorised by it under
sub-section (1A) or (1B)(c).

(1E) An identity card under sub-section (1D)

must—

(a)	contain a photograph of the authorised person; and
(b)	contain the signature of the authorised person; and
(c)	be signed by a member of staff of the municipal council authorised by the municipal council to do so either generally or in any particular case.

(1F) A person issued with an identity card under

sub-section (1D) must produce it on being
requested to do so.
Penalty: 5 penalty units.

(1G) Any action taken or thing done by a person

authorised under sub-section (1A) or (1B)(c)
is not invalidated by his or her failure to
produce his or her identity card.

(1H) A person must not falsely represent himself

or herself to be a person authorised under
sub-section (1A) or (1B)(c).

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Penalty: 10 penalty units.".

6.  Penalty for parking infringement in council controlled area

(1) In section 87(3) of the Principal Act, after "other

than" insert "a penalty for a parking infringement

referred to in sub-section (3A) or".

(2) In section 87 of the Principal Act, after sub-

section (3) insert—

"(3A) The penalty for a parking infringement

constituted by a contravention of section 90E
is $100 or the higher amount prescribed by
the regulations in respect of infringements of

that kind.".

7. Consequential amendment

In the definition of "parking infringement" in
section 3(1) of the Principal Act, before paragraph
(a) insert—

"(aa) section 90E; or".

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Road Safety (Wheel Clamping) Act 1996

Notes Act No. 25/1996

NOTES

†

Minister's second reading speech—

Legislative Council: 31 May 1996

Legislative Assembly: 6 June 1996

The long title for the Bill for this Act was "to prohibit, except in certain
circumstances, the detention or immobilisation of motor vehicles that
enter on certain land, to regulate the removal of vehicles from certain
areas, to enable a breach of parking restrictions on private property to be
prosecuted where the owner or occupier has entered into a parking
services agreement with the municipal council, to amend the Road Safety
Act 1986 and for other purposes."