Removing a Vehicle Procedure
(Section 237 of Local Government Act 1999)
May 2015
This Project has been assisted by the Local Government Research and Development
Scheme
The Removing a Vehicle Standard Operating Procedure has been prepared by the Local Government
Association of SA (LGA) for use by member Councils. The LGA is the statutory peak body for Local Government
in South Australia, representing all 68 Councils in the State.
This Model Policy was developed in 2009 and reviewed and/or updated in:

March 2015 – complete review and update
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1
Purpose and Scope
This procedure is designed to assist Councils that receive reports about unattended
vehicles left on a public road or place or on local government land for a period
exceeding 24 hours, or which may have been abandoned. Some unwanted vehicles
are left in streets and parks, which can be unsightly, attract vandalism and create
unsafe road conditions. However vehicles may also have been parked by owners
unaware of the consequences.
Section 236 of the Local Government Act 1999 gives Councils the right to expiate or
prosecute a person who abandons a vehicle or farm implement on a public road or
place.
Section 237 of the Local Government Act 1999 gives Councils power to remove
vehicles left for at least 24 hours. However the intention is to be able to deal with
vehicles that have been left for long periods without moving, not to impound a vehicle
simply because it has been parked for more than 24 hours.
Section 53 of the Motor Vehicle Act 1959 makes it an offence to leave an
unregistered vehicle on a public road. Only the SA Police can take action under this
section.
While vehicles are disposed of in accordance with the Disposal of Vehicles
Procedure (Attachment K), any actions taken to dispose of goods removed from a
vehicle must comply with the Unclaimed Goods Act 1987.
This procedure commences with a reported sighting of a vehicle and covers the
actions necessary to inspect, determine ownership and encourage removal, and
ultimately impound a vehicle. It does not cover removing a vehicle in an emergency
which is covered by Emergency Vehicle Removal Procedure (Section 40N and 40P
of the Road Traffic Act 1961). The Unclaimed Goods Procedure is also a separate
SOP.
Its purpose is to ensure the consistent and accurate application of relevant legislation
and Council Policy.
1.1
Responsibility
This procedure applies to persons with valid authorisation under the Local
Government Act 1999 (see 2 Relevant Documentation) and associated
administrative staff. Only Authorised Persons can move and impound a vehicle.
Officers are required to act reasonably and transparently, demonstrate good
customer service, undertake their responsibilities in a proficient manner and use their
judgement where necessary to ensure an outcome in line with legal requirements
and Council’s Enforcement Policy.
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1.2
Legislation & Policy
Local Government Act 1999

Section 125-Internal Control Policies

Section 236-Abandonment of vehicles and farm implements

Section 237-Removal of Vehicles
Motor Vehicle Act 1959

Section 53-Offences in connection with registration labels and permits
Unclaimed Goods Act 1987
(Council’s) Enforcement Policy
1.3
Definitions
The definitions contained herein are not exhaustive and officers may need to
consider the relevant legislation for further applicable definitions
Vehicle: According to the Road traffic Act 1961 a vehicle includes—
(a)
a motor vehicle, trailer and a tram; and
(b)
a bicycle; and
(c)
an animal-drawn vehicle, and an animal that is being ridden or drawing a
vehicle; and
(d)
a combination; and
(e)
a motorised wheelchair that can travel at over 10 kilometres per hour (on
level ground),
but does not include another kind of wheelchair, a train, or a wheeled recreational
device or wheeled toy;
Abandoned is not defined in the legislation, and an assessment in each case will be
required, but factors suggesting that a vehicle is abandoned include: the absence of
registration plates, labels or other means of identification, a vehicle with little value
and no means to identify the owner.
Calculation of time: When calculating the 14 day statutory period (to publish a
public notice where the owner is not known) and 1 month (before offering the vehicle
for sale), commence counting from the day after the action that initiates the statutory
period. (Eg. If a notice is served personally on a vehicle owner, the 1 month period
commences on the day after the service of the notice. If a notice is served by
registered post, the 1 month period commences on the day after the vehicle owner
could reasonably be expected to receive the notice in the ordinary course of the post.
‘Month’ refers to a calendar month, not merely 28 days).
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Month: means a calendar month.
1.4
General Notes
Decision to Impound When not causing a hazard/nuisance to the public,
impounding should be viewed as a last resort after all other avenues to locate the
owner and have them remove the vehicle have been exhausted. However, if an
officer believes that the vehicle may be subject to theft or vandalism, discretion exists
to tow the vehicle as long as a Form 7A warning notice (Attachment D) has been
placed on the vehicle and the mandatory 24 hour period has expired.
Where there is no vehicle identification and local inquiries have not identified an
owner, prompt removal following the statutory processes is preferable.
Copy of Letter to Owner requesting removal (with the owner’s details removed)
(Attachment A) Placing this notice is not a step required under the legislation. It is an
advisory note to inform the owner of a vehicle of Council’s intentions and should be
used where there is a reasonable prospect of identifying an owner and the vehicle is
not creating a hazard.
Form 7A Removal of vehicles – warning notice (Attachment D) Placing this notice
is a step required under current legislation.
Emergency Towing Under some circumstances emergency towing can be
undertaken using the Road Traffic Act. See Emergency Vehicle Removal Procedure
(Section 40N and 40P of the Road Traffic Act 1961). Do not arrange for the
immediate removal of any vehicle without authorisation from your Manager.
Reasonable Measures to find an owner
It is expected that steps beyond EzyReg will be taken to try to find an owner. These
may include:
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
Undertake a stolen vehicle check through Police Communications Centre
Customer Service Desk (COMCEN CSD)

Where a vehicle has been disposed of by the previous owner, request a Statutory
Declaration advising the name and address of the new owner and allow time for a
response.

Search Vehicle Securities Register to check if there is another party with an
interest in the vehicle, and contact if possible.

Check Council records to ensure that no contact from the owner has been
received. This should include general correspondence, and return to sender
register as well as work management systems and any request for a review or
grievance procedure.

Make enquires in the immediate vicinity of the location.
Relevant Documentation
Best Practice Procedures for Appointing Authorised Persons
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(See www.lga.sa.gov.au)
3
Record Management
All documents, notes, photographs and correspondence must be retained and stored
in accordance with Council’s Records Management protocols as required by Section
125 of the Local Government Act 1999.
4
Procedure
4.1
Taking a report
All reports are logged according to Council’s Records Management protocols.
Request the following information where possible:

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
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4.2
Date and time of notification
Contact details of person advising
Details of vehicle
Location of vehicle
Estimated period of time it has been there
Condition of vehicle
If person believes they know who owns the vehicle or why it has been placed
there
Emergency action
Attend the location immediately if a public safety risk has been reported. If the
vehicle is in a dangerous position advise SAPOL. Police will then attend to the
matter. Note the agreed actions including the SAPOL officer’s name and complete
the job log.
If police assistance is unavailable, obtain authorisation from your Manager before
taking any action to remove the vehicle. Follow Emergency Vehicle Removal
Procedure (under Section40N of the Road Traffic Act 1959).
4.3
Inspection
Attend on the day of the report wherever possible. Check for owner identification
without entering the vehicle. Telephone COMCEN CSD to ascertain if the vehicle
has been reported stolen. Note action including details of the conversation and the
SAPOL officer’s name.
4.3.1
Vehicle has been stolen
If the vehicle is stolen the police will contact the owner. Log a follow up inspection
approximately one week later. If the vehicle is still present, contact the police again.
Record actions and repeat process until the vehicle is removed. Close job log.
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4.3.2
Vehicle has not been reported stolen
Check the accuracy of the original report and note all details e.g.



Condition of vehicle
Locked or unlocked
Any personal effects apparent
Mark the tyres and photograph vehicle. Return at least 24 hours later and check
chalk mark. This is evidence that the vehicle has been in the same position for more
than 24 hours. Note observation.
4.3.3
If ownership ID available
Where there appears to be a reasonable prospect of contacting the owner and the
vehicle is not creating a hazard proceed with 4.3.3 and 4.3.4. Alternatively place a
Form 7A warning notice as per 4.4
If the vehicle has not moved 24 hours later and ID is available, undertake EzyReg
search to identify owner immediately.
If the owner is found and personal contact (telephone or visit) can be made, advise of
the law and if necessary negotiate a reasonable time to remove the vehicle. Note
any conversation in notebook, including the agreed time for removal of the vehicle.
Set a follow up inspection after the agreed time.
If the owner cannot be contacted personally a Letter to Owner Requesting Removal
(Attachment A) should be delivered to the owner’s address as soon as practicable.
Hand delivery to a known address is the preferred option; post the letter when this is
not a practical option.
Place a copy of Letter to Owner Requesting Removal (Attachment A) with the
owner’s details removed under the windscreen of the car.
Record actions and set a follow up inspection for 7 days time.
4.3.4
If no ownership ID present
Doorknock neighbours in the immediate vicinity to gain information about the vehicle.
If properties are unoccupied leave a Standard Letter Unoccupied Houses
(Attachment B) explaining the issue and requesting contact.
If the owner is found advise of the law and if necessary negotiate a reasonable time
to remove the vehicle. Note any conversation in notebook, including the agreed time
for removal of the vehicle. Set a follow up inspection after the agreed time.
4.4
Owner not immediately found
If owner is not found take photographs of the vehicle and location and chalk the tyres
again. Refer to Photographic evidence collection process (Attachment C).
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Complete a Form 7A Removal of vehicles- warning notice (Attachment D) and attach
to the vehicle.
4.5
Impounding a vehicle with identification
Revisit the location after 7 days or the agreed time.
If the vehicle has been moved, close the job. If the vehicle is still present take
photographs of the vehicle and location and chalk the tyres again. Refer to
Photographic evidence collection process (Attachment C).
Complete a Form 7A Removal of vehicles - warning notice (Attachment D) and attach
to the vehicle.
Continue to deal with vehicle as per 4.7 Impounding a vehicle with no
Identification
As soon as practicable after the vehicle has been towed serve a Form 7B Removal of
Vehicles – notice (Attachment E) to the last known owner advising of impoundment.
This advises that under s.237 of the Act the owner has 1 month to respond to the
notice.
It must be served personally, where practicable, or by person-to-person registered
post.
If the owner is unknown or cannot be found the Form 7B notice must be published in
a newspaper circulating generally in the State within 14 days after the removal of the
vehicle. [s237(4)(b)]
Disposal of the vehicle should not commence until at least 37 days have elapsed
from the date on which the person was served with the notice. [This ensures a
reasonable margin of time in addition to the 1 month mandated under s.237. See
‘Calculation of time’ in this SOP].
If there is sufficient evidence to show that vehicle was abandoned, consider whether
to issue an expiation notice, or launch a prosecution, under s.236 of the Local
Government Act 1999 to recover costs.
4.6
Impounding a vehicle with no Identification
Wherever possible, the officer who places the Form 7A notice should be responsible
for any later decisions on towing.
Attend location at least 24 hours and not more than 96 hours later. If the vehicle is
still present check the chalk marks to ensure that the vehicle has not been moved. If
possible take photographs to demonstrate that the position of the vehicle has not
changed.
Check with COMCEN CSD again to ensure the vehicle has not been reported stolen.
If not, arrange for towing using Council’s impound vehicle process example
(Attachment F).
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If the vehicle is locked wait for the tow truck operator before opening the vehicle.
Ensure that as little damage as possible is caused to the vehicle in gaining entry.
4.6.1
Removing Personal Items
In the presence of the tow truck driver or a second officer, remove loose property
from the vehicle. Record the details of each item and photograph all items
regardless of their value. Both the officer and witness should sign the record of
personal effects removed.
Take additional photographs including the prominently placed 24 hour towing notice,
accessories and detail of any damage to the vehicle. Refer to Photographic
evidence collection process (Attachment C).
4.6.2
After Towing
Once the vehicle has been impounded complete Police Notification of Vehicle
Removed from Public Place pro forma (Attachment G) and fax to SAPOL COMCEN
CSD.
Secure any goods removed from the vehicle in a predetermined storage place on
Council property. Ensure that the photographs are linked to the record of personal
effects and stored in accordance with Council’s Records Management protocols.
Arrange for Public Notice to be placed in “The Advertiser” as per Public Notice
Impounded Vehicle Pro forma (Attachment H).
Sale or disposal of the vehicle
should not commence until at least 35 days have elapsed from the date on which the
notice was published. [This ensures a reasonable margin of time in addition to the 1
month mandated under s.237]
Record actions taken.
4.7
Collection/Sale or Disposal of vehicle
Where an owner wishes to collect the vehicle, check the bona fides of the owner by
conducting a fresh motor vehicle registration search.
Record personal photographic ID and proof of ownership and collect the vehicle
impound fee and all other associated costs such as towing, serving, posting and
publishing notices.
Issue a receipt for all money collected. No vehicle will be released until all costs
have been paid.
If the owner does not wish to reclaim the vehicle from Council, record personal
photographic ID and proof of ownership, have a Release of Property Form
(Attachment J) signed and collect the vehicle impound fee. No further costs of
disposal can be charged to the owner beyond this point.
Disposal of vehicles is according to Council practice (see Disposal of Vehicles (LG
Act) Procedure example-Attachment K) but must not commence until at least 35 days
have elapsed after serving notice of impoundment or advertising in the public notices.
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[This ensures a reasonable margin of time in addition to the 1 month mandated under
s.237]
4.7.1
Collection/Disposal of goods
The owner is entitled to the return of the goods/items left in the vehicle after
producing proof of vehicle ownership. Should the goods remain unclaimed they will
be dealt with in accordance with the provisions of the Unclaimed Goods Act 1986
and associated Regulations.
Goods cannot be disposed of for 3 months after the date that the goods become
‘unclaimed’. See Unclaimed Goods Act Procedure.
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Monitoring and Review of Procedure
This procedure was endorsed by ______________________________to take effect
on __________________________
Thereafter it will be reviewed annually. The next date of review is__________
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Attachments
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment J
Attachment K
Letter to Owner Requesting Removal
Standard letter unoccupied houses
Photographic evidence collection process - example
Form 7A Removal of vehicles- warning notice
Form 7B Removal of Vehicles – notice
Council’s impound vehicle process-example
Police Notification of Vehicle Removed From Public Place Pro forma
Public Notice Impounded Vehicle (LG Act) Pro forma
Release of Property Form
Disposal of Vehicles (LG Act) Procedure example
Best Practice Notes

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Council policies required to support this Standard Operating Procedure
include:
 Enforcement Policy
 Record Keeping Policy
Councils need to determine a policy position about the removal of vehicles
from the streets: e.g swift removal by Council under certain conditions and
extended efforts to have the owners act in others.
Impounding vehicles on Council property requires expensive security
measures to ensure that no further damage occurs while the vehicles are in
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
Council’s care. Many Councils use contractors to tow, store and dispose of
vehicles.
The use of plastic envelopes which can be secured to the car window is
recommended to avoid having notices removed or made illegible.
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