Motor vehicles not to be detained
105E Motor vehicles not to be detained
A person must not detain a parked motor vehicle by —
failing to release the vehicle on demand to a relevant person for the vehicle; or
refusing to release the vehicle unless a relevant person for the vehicle makes any payment for or in relation to the release.
Penalty for this subsection: a fine of 100 PU.
Subsection (1) does not apply if the vehicle is detained —
by, or with the consent of, a relevant person for the vehicle; or
in the exercise of authorised enforcement action; or
in the exercise of a security power; or
under and in accordance with a written law; or
in the exercise of a right under a parking agreement, where —
the vehicle is parked in a parking facility; and
the means of detention is the permanent infrastructure controlling entry to, or exit from, the parking facility; and
under the parking agreement, the payment of a fee is a condition of the vehicle being allowed to leave the parking facility;
or
in circumstances prescribed by the regulations.
[Section 105E inserted: No. 38 of 2020 s. 5.]
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Road Traffic (Blood Sampling and Analysis) Regulations 1975
- Road Traffic (Breath Analysis) Regulations 1975
- Road Traffic (Drug Driving) Regulations 2007
5 more instruments made under this Act are listed on the Act’s overview.
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