Where and when an immobilisation warrant may or may not be enforced
108H Where and when an immobilisation warrant may or may not be enforced
Under an immobilisation warrant for a vehicle, an immobilising device may be attached to the vehicle stated in the warrant if it is parked or stopped—
in a public place; or
on property occupied by the enforcement debtor; or
if the enforcement debtor is not an individual, at the enforcement debtor’s place of business or registered office; or
at any other premises, but only with the consent of the occupier of the premises.
The vehicle may be immobilised even if it is unattended.
An enforcement officer may enforce an immobilisation warrant at any reasonable time of the day or night.
An enforcement officer must not enforce an immobilisation warrant—
at a place where the vehicle, if immobilised, could impede the use of the place or the road network or be a risk to safety; or
at a place where the enforcement officer reasonably believes the safety of the driver and any other occupants of the vehicle may be at risk, for example, at an isolated location; or
if, before the immobilising device is attached to the enforcement debtor’s vehicle—
the debtor pays SPER the enforceable amount of the debtor’s SPER debt; or
the debtor begins to otherwise discharge the enforceable amount of the debtor’s SPER debt.
In this section—
public place means an area that is open to or used by the public and is developed for, or has as one of its uses, the driving or riding of motor vehicles, whether on payment of a fee or otherwise.
This Act’s bill:Explanatory memorandum
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