Abandoned Unregistered Un-roadworthy Vehicles Policy

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Policy
Abandoned/Unregistered/Un-roadworthy Vehicles
SDMS ID Number
P2010/0652-001
SDMS Title
Abandoned/Unregistered/Un-roadworthy Vehicles – Policy – P2010/0652-001
Effective From
1 October 2013
Applies to
Housing Tasmania tenants
Custodian
Manager Housing Strategy
Summary
This policy outlines Housing Tasmania’s position on dealing with
Abandoned/unregistered/un-roadworthy vehicles.
Replaces Doc. No.
n/a
Author Area
Housing Strategy – Social and Affordable Housing Policy Unit
Contact
Manager, Housing Operations
Review Date
October 2018
Policy Intent
The intent of this policy is outline the process to facilitate the removal of
unregistered, un-roadworthy motor vehicles on Housing Tasmania’s sites,
specifically on tenanted/untenanted properties or vacant land.
Application
This policy applies to all current Housing Tasmania tenants and declared
members of their household. Collectively, all residents in public housing are
referred to as our ‘clients’.
Our tenants are specifically the people who have signed a current and legally
binding tenancy agreement with Housing Tasmania.
Background
Historically, the dumping of abandoned motor vehicles or parts, and the
storage of unregistered un-roadworthy motor vehicles on Housing Tasmania
broad acre residential and bush areas, has been problematic.
Housing Tasmania regularly receives complaints from tenants and members of
the public concerned about vehicles abandoned on Housing Tasmania property.
Complaints received include concerns about:
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Vehicles in various stages of disrepair being left for extended periods in
car park spaces or vacant land
Vehicles being dumped in common areas of unit complexes
Storage of car parts and car bodies in front and backyards, causing the
neighbourhood to look unsightly.
Community perceptions, particularly in relation to broad acre areas where
Housing Tasmania is a major vacant land owner, perceive that Housing
Tasmania is responsible for the removal of dumped motor vehicles, even in
cases where the land is privately owned.
Definition of Motor
Vehicle/Parts
Section 3.6C of the Lease Agreement states:
Abandoned Motor
Vehicle / Parts
An abandoned vehicle on a Housing Tasmania property is not necessarily an
unregistered or old vehicle. A vehicle is treated as abandoned if it is:
‘vehicle’ includes car, truck, bus, caravan, boat, motorcycle and any other
vehicle that may be licensed or registered. ‘vehicle’ includes vehicle parts.

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Entitlement
Dumped on vacant land(environmental or safety hazard) and Tasmanian
Police have advised that the identity of the owner cannot be
established
Left behind by a former tenant at the property (Abandoned Goods
Policy may apply)
The owner of the motor vehicle has not responded to Housing
Tasmania’s request to remove the vehicle within a specified timeframe.
Housing Tasmania will make every reasonable effort to contact the owner of an
abandoned motor vehicle left on a Housing Tasmania property or vacant land
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and provide them with an opportunity to remove it.
Authority to Dispose
Housing Tasmania cannot dispose of an abandoned motor vehicle unless one or
more of the following criteria is met:

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Breach of Tenancy
The owner consent is obtained in writing
The owner has not responded to Housing Tasmania formal request to
remove the vehicle within specified timeframes
Ownership of the vehicle cannot be determined (vehicles without
registration plates and missing vehicle identification numbers)
The vehicle is considered to be abandoned by Tasmanian Police
A tenant is in breach of their Tenancy Agreement if they or a member of their
household stores or abandons a vehicle on Housing Tasmania common
property.
This applies to vehicles left in backyards, common areas and open carports.
Section 3.6C of the Lease Agreement states:
“you must not keep any unregistered or un-roadworthy vehicle on the
Premises unless you have our written permission to do so”
Removal Options for
tenants
Removal options for tenants to dispose of abandoned or unregistered unroadworthy motor vehicles include:
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Referral to local auto salvage yards,
Classified advertisements in local newspapers,
Businesses which hire out trailers and
Metal recycling firms.
As a last resort (with written tenant consent), Housing Tasmania may arrange
removal of the vehicle at the tenant’s expense.
Referral Options for
Staff
On notification of an abandoned or unregistered un-roadworthy motor vehicle,
staff are able to seek information on, or refer the matter to:


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Process for removing
abandoned motor
vehicles
Tasmanian Police to ascertain the official status of the vehicle
Registrar of Motor Vehicles to ascertain registered ownership details
Local Council, where a vehicle is abandoned on a street
The private property owner, where a vehicle is abandoned on privately
owned vacant land
The tenant requests the removal of motor vehicles on Housing
Tasmania property
Housing Tasmania staff will follow one of four processes for removing
abandoned motor vehicles. The process followed is dependent upon the
location of the vehicle including:

Vehicles situated on abandoned or vacated Housing Tasmania property
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Forms and Notices
There are four separate letters and notices available to be used by Housing
Tasmania staff including:
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Removal Costs
Vehicles situated on a tenanted property
Vehicles situated in Housing Tasmania car parks or vacant land
Vehicles abandoned / dumped on the street or nature strip or privately
owned land
Letter to the tenant
Tenant Consent Form
Letter to the motor vehicle owner
Facsimile form (Registrar of Motor Vehicles).
Depending on the location of the motor vehicle, costs for the removal will be
met by:
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The tenant (vehicle on public rental property)
The former tenant (vehicle on abandoned / vacated public rental
property)
The registered motor vehicle owner (vehicle on Housing Tasmania car
parks / vacant land)
By Housing Tasmania if the vehicle owner cannot be identified (vehicle
on Housing Tasmania car parks / vacant land).
It is more cost effective for tenants to remove vehicles privately without
Housing Tasmania involvement. However, tenants may elect for Housing
Tasmania to remove the motor vehicle at the tenant’s expense. The cost will
be debited by the Tenancy Officer on the tenants rental account with an
arrangement to repay the debt in place (contact the Statewide Maintenance
Services).
This Policy adheres to the Residential Tenancy Act 1997 where relevant.
Exemptions
If required and we want to include publicly.
Responsibilities/
Delegations
All Housing Operations staff members are responsible for ensuring the
appropriate application of the policy. Area Managers are responsible for Area
management including policy application.
Disclaimer
This is a statewide policy and must not be re-interpreted so that subordinate
policies exist. Should discrete operational differences exist, these should be
expressed in the form of an operating procedure or protocol that must be
approved at the same level as this policy.
Audit and Compliance
Failure to comply with this policy, without providing a good reason for doing
so, may lead to disciplinary action.
Compliance with this policy is monitored by the Manager Housing Services,
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through the delegated Area Managers.
Procedures and Forms
Abandoned/Unregistered/Un-roadworthy Vehicles Procedure
Related Policies
Home Visits
Tenancy Management
Glossary
N/a
Policy Title and Version
Abandoned/Unregistered/Un-roadworthy Vehicles v2.0
Effective Date
1 October 2013
Review Date
October 2017
Document Number
P2010/0652-001
Replaces Document Number
n/a
Custodian
Housing Tasmania, Social and Affordable Housing Policy
Approved by
Manager Housing Strategy
This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the
Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this
Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is
uncontrolled and therefore not current.
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