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I parked my car accidently overnight in an area in North Sydney…

Question

Answer 1

Answered in 30 minutes by:

7/27/2014

Solicitor: James D. Ford, Solicitor replied 8 years ago

James D. Ford, Solicitor

Category: Australia Law

Satisfied Customers: 1,601

Experience: Lawyer | Founder & CEO at Blue Ocean Law Group

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Brisbane.Lawyer : Hi, just reading your query...

Brisbane.Lawyer : I will need to look up the legislation to find what you are requesting... please bear with me whilst I search for it...

Customer:

thanks

Brisbane.Lawyer : Firstly, there is no NSW Act called the Roads Traffic Safety Act.

Brisbane.Lawyer : There is an Act called ROAD OBSTRUCTIONS (SPECIAL PROVISIONS) ACT 1979

Brisbane.Lawyer : Was your car obstructing a public road?

Customer:

No parked on side which is normal unlimited parking...the only thing it was obstructing was their repaving i Think

Brisbane.Lawyer : OK, the Act states that a notice must be placed in a visible location, before the vehicle is moved. I assume there was no notice on your car, is that right?

Customer:

Correct..only notice was the temprary road works sign on the footpath...which I didnt see at the time

Answer 2

Solicitor: James D. Ford, Solicitor replied 8 years ago

The Road Transport Act 2013 has provisions relating to removal/towing of cars...
ROAD TRANSPORT ACT 2013 - SECT 143
Removal of unattended motor vehicles or trailers from certain places
143 Removal of unattended motor vehicles or trailers from certain places
(cf STM Act, s 76)
(1) Removal of vehicle endangering public or causing traffic congestion An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on a prescribed place to be removed in accordance with this section if, in the opinion of the officer, the vehicle is causing, or unless removed is likely to cause, danger to the public or undue traffic congestion.
I have only copied part of the section... there is a lot more to read...
An "appropriate officer" is defined as...
(a) an employee in the service of the Authority authorised by the Authority to exercise the powers conferred by this section, or
(b) a police officer, or
(c) a person, or a person of a class, who is authorised by Transport for NSW to exercise the functions of an appropriate officer under this section, but only in respect of the removal of unattended vehicles obstructing the passage of light rail vehicles, or
(d) a person of a class prescribed by the statutory rules who is authorised by the Authority to exercise the functions of an appropriate officer under this section.
I next need to determine if a Council parking officer is "an authorised person" for the purposes of this section.
Please bear with me... Cheers, James.

Answer 3

Solicitor: James D. Ford, Solicitor replied 8 years ago

Paul, I have now checked the regulations, and cannot see where the subcontractor or the Council is authorised to take any action pursuant to s143.
You need to request from them the basis under which they say they have authority to tow your vehicle.
Based on my initial research, I cannot see that they have any authority. The Act they have told you about does not exist! and the Act that does exist, does not appear to give then any authority to tow your vehicle.
If they are able to specify something specific, I can then verify whether it is actually the case of not.
Kind regards, James

Answer 4

Solicitor: James D. Ford, Solicitor replied 8 years ago

Hi Paul, the two are different Acts.
The "Authority" pursuant to the Roads Transport Act 2013 means as follows:
"the Authority" means Roads and Maritime Services constituted under the Transport Administration Act 1988 .
"Roads and Maritime Services" (or
"RMS" ) means Roads and Maritime Services constituted under this Act - that is the Transport Administration Act 1988.
Clearly the RMS is not the local council.
So (unless they can instruct us otherwise), we have no indication that the North Sydney Council are not the Authority for the purposes of the Roads Transport Act which authorises towing as per s143.
With regards ***** ***** Roads Act 1993, it would appear that the Council are the Road Authority for all public roads within the area... however the Roads Act grants no power to Tow vehicles?
Hence, we need to enquire what the source of the construction foreman's power to order your vehicle to be towed was.. as we have not been able to determine that any power exists other than in the RMS.
Kind regards, James

Answer 5

Solicitor: James D. Ford, Solicitor replied 8 years ago

Hi Paul,
Have you been charged for the towing ?
What financial / other losses have you suffered? What evidence do you have to substantiate the losses?
My recommendation is to consider writing back to them on a "without prejudice" basis, to see if you can settle the matter of compensation out of Court.
Please let me know if you would like me to send a quote to do this on your behalf.
Court ought to be avoided unless you have no other alternative, and you have a very strong case.
Kind regards, James.
Please accept and rate my response, if you have not done so already.

I parked my car accidently overnight in an area in North Sydney…

ROADS ACT 1993 - SECT 7

7 Roads authorities

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