EXAMPLE (Attachments not provided)
Sale or Disposal of Vehicles (Road Traffic Act
1961) Procedure
1
Purpose and Scope
XX Council is empowered to dispose of vehicles which have been impounded.
This procedure commences after notification by way of letter and/or public notice and
describes the steps to be followed in order to legally dispose of a vehicle. It follows
on from Emergency Vehicle Removal Procedure (Section 40N of Road Traffic Act
1961). (For disposal of goods found in a vehicle refer to the Unclaimed Goods
Procedure).
Section 40N of the Road Traffic Act 1961gives Police and Authorised Officers of a
Council, power to remove vehicles that are unattended or broken down if they are a
danger of obstruction.
Section 40P of the Road Traffic Act 1961gives Police and Authorised Officers of a
Council the power to dispose of an unclaimed vehicle.
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.
Officers are required to act reasonably, demonstrate good customer service, act
transparently, 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.
1.2
Legislation & Policy
Road Traffic Act 1961

Section 40N-Removing unattended or broken down vehicle if danger or
obstruction

Section 40 P-Notice of removal of vehicle and disposal of vehicle if unclaimed
Local Government Act 1999

Section 125-Internal Control Policies
(Council’s) Enforcement Policy
Refers to Emergency Vehicle Removal
May 2015
1
EXAMPLE (Attachments not provided)
(Council’s) Contracts and Tender 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;
Calculation of time: When calculating the 14 day statutory period, 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 14 day period commences on the
day after the service of the notice. If a notice is served by registered post, the 14 day
period commences on the day after the vehicle owner could reasonably be expected
to receive the notice).
1.4
General Notes
The Manager of Regulatory Services must approve the sale or disposal of all
vehicles.
2
Relevant Documentation
Best Practice Procedures for Appointing Authorised Persons
(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
Vehicle impounded under Road Traffic Act 1961
Refers to Emergency Vehicle Removal
May 2015
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EXAMPLE (Attachments not provided)
If no response is received to the Impounded Vehicle notice to the owner or a public
advertisement of the notice, the vehicle is placed on a list of vehicles intended for
public sale. Where the vehicle was impounded under the Road Traffic Act 1961 the
sale or disposal process must not commence until one month after the service of
that notice and/or advertisement. As a precaution, disposal should not commence
until at least 35 days have elapsed (and preferably 42 days).
Once there are at least 6 impounded vehicles for which no claims from owners have
been received, the public sale of these vehicles by tender will commence. (Councils
which impound few vehicles may wish to modify this element).
4.1.1
Determining a potential value
Council must always attempt to obtain the best “market value” for each vehicle that is
sold even when efforts to identify and contact an owner have failed.
Use Council Guidelines for Establishing the Potential Value of a Vehicle (eg Internet
search of Red Book).
4.1.2
Authority from Manager, Regulatory Services
Discuss the circumstances surrounding each vehicle with the Manager and record
each decision to proceed.
If a vehicle’s estimated value may exceed the delegation limits of the Manager,
obtain the necessary permissions or write a report to Council before proceeding.
Complete an Assessment for Tender Form
If it is concluded that a vehicle has no commercial value, the vehicle may be
disposed of as scrap after the relevant notice has been served and the time period
expired.
4.1.3
Advertising Tender
Prepare an advertisement calling for members of the public to submit tenders for the
purchase of all vehicles listed and arrange for publication in a Saturday edition of
“The Advertiser”.
Ensure the advertisement specifies:


Description of vehicle and registration details if available
Time, dates and person at Council to be contacted to arrange inspection of the
vehicles.
 Time and date when tender closes (allow a reasonable period – such as at least
4 weeks after the advertisement is published)
 Advice as to how to tender and where to forward responses
 Tender price must be submitted for each individual vehicle
See Impound Vehicle Advertisement
4.1.4
Prepare vehicles for Sale by Tender
Refers to Emergency Vehicle Removal
May 2015
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EXAMPLE (Attachments not provided)
Arrange for vehicles in the sale to be located in an area for ease of inspection by the
public. Ensure they are a reasonable distance from other impounded vehicles and
free from hazards and dangerous objects e.g. broken glass, needles.
Members of the public are permitted to open the doors and bonnets of vehicles for
sale, but not allowed to enter vehicles.
4.1.5
Tender Panel
Council must always attempt to obtain the best “market value” for each vehicle that is
disposed of. Where practicable, form a panel of 3 members including one who has
significant knowledge and experience in relation to impounded vehicles. At least two
of the members should have had no direct participation in the processes leading to
and including impoundment. Preferably the officer who impounded the vehicle
should not be involved.
No tender is to be opened until after the closing time and date and must be opened in
the presence of the Manager or General Manager. Record all tenders on a Council
Tender Matrix.
The Panel should review the paper trail relating to each vehicle offered for sale and
the tender submissions and make recommendations to the authorised Manager. The
Manager should sign letters advising all those who have tendered of the outcome of
the tender and how the successful tenderers are to pay for and remove the vehicles.
See Letter to Successful Tenderer and Letter to Unsuccessful Tenderer.
If there is no response to the tender, The Manager of Regulatory Services is
authorised to determine how best to dispose of the vehicle.
4.1.6
Payment
Once payment has been received, issue a Certificate of Sale and a Property Release
Form. This documentation must be presented to the Depot Manager before the
vehicle is removed.
4.2
Distribution of Funds
At the completion of the sale process, funds from the sale will be distributed as
follows:



4.3
Firstly, in the recovery of expenses involved in the sale of each vehicle
Secondly, in the recovery of expenses in the removal, custody and maintenance
of each vehicle and the costs in serving any notice or publishing any
advertisement
Thirdly, in the payment of the balance to the owner of the vehicle or if this
person is not found, to Council’s general funds
Documentation
Refers to Emergency Vehicle Removal
May 2015
4
EXAMPLE (Attachments not provided)
Ensure that all files are finalised and recorded according to Council’s Records
Management protocols.
5
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__________
6
Attachments
Refers to Emergency Vehicle Removal
May 2015
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