Emergency Vehicle Removal Procedure
(Section 40N and 40P of Road Traffic Act 1961)
May 2015
This Project has been assisted by the Local Government Research and Development
Scheme
The Emergency Vehicle Removal 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
Councils receive reports about unattended vehicles obstructing traffic. Occasionally
they may be left in places which cause a public safety hazard and it is not
appropriate to wait 24 hours and utilise Section 237 of the Local Government Act
1999.
Section 40N of the Road Traffic Act 1961 gives Council and the police power to
remove an unattended or broken down vehicle on any bridge, culvert or freeway and
on any road if the location is:
a.
Causing harm or creating a risk of harm to public safety, the
environment or road infrastructure
b.
Causing or likely to cause an obstruction to traffic or any event lawfully
authorised to be held on the road or
c.
Obstructing or hindering or likely to obstruct or hinder vehicles from
entering or leaving land adjacent to the road
In most cases it should be a matter for the police.
Section 40 P of the Road Traffic Act 1961 is the process which must be followed if
Section 40N powers have been exercised.
While vehicles are disposed of in accordance with the above Sections, any actions
taken to dispose of goods taken from a vehicle must comply with the Unclaimed
Goods Act 1987.
This procedure applies when an authorised officer determines that police assistance
cannot be obtained and a vehicle has been left in a situation which is hazardous to
public safety. It covers the actions necessary to remove it, identify the owner and
ultimately dispose of the vehicle. It does not apply except in such emergencies.
Refer to Removing a Vehicle Procedure (Section 237 of Local Government Act 1999)
to deal with all other situations. See also Unclaimed Goods Procedure.
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 Road Traffic Act
1961(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
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
Unclaimed Goods Act 1987
Local Government Act 1999

Section 125 – Internal Control Policies
(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;
1.4
General Notes
Using Section 40N of the Road Traffic Act 1961: Police are also authorised under
this Section and it is preferable that SAPOL remove vehicles wherever possible.
This procedure should only be used where police assistance is not available.
Do not arrange for the immediate removal of any vehicle without authorisation from
your Manager.
Calculation of time: When calculating a period of time required under the Act,
commence counting from the day after the action that initiates the period of time.
Month: means a calendar month.
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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.
4
Procedure
4.1
Identifying a Public Safety Hazard
Attend the location immediately if a public safety risk has been reported. If the
vehicle is in a dangerous position call SAPOL and ask the police to attend to the
matter. Request a check for stolen vehicle status. Note the agreed actions including
the SAPOL officer’s name and complete the job.
If police assistance is unavailable contact your Manager and provide an assessment
of the situation. Do not arrange for the immediate removal of any vehicle without
authorisation from your Manager.
Take photographs of the vehicle and location. Attempt to highlight the danger where
possible. If the situation is considered critical and the vehicle can be driven, remove
the vehicle from immediate danger.
If ID present, undertake Ezyreg search to identify owner. Where circumstances
warrant doorknock the immediate area to possibly establish the owner of the vehicle
or the background to the vehicle’s location.
4.2
Decision to remove
Arrange for towing using Council’s impound vehicle process (Attachment A).
Enter the vehicle for purposes of towing.
If the vehicle is locked arrange the
services of the RAA to open the vehicle prior to the arrival of the tow truck. Under no
circumstances should damage be caused to the vehicle in gaining entry.
4.2.1
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 any accessories and detail of any damage to
the vehicle. Refer to Photographic evidence collection process (Attachment B).
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4.2.2
After Towing
Once the vehicle has been impounded complete Police Notification of Vehicle
Removed from Public Place pro forma (Attachment C) and fax to SAPOL
Communications Centre Customer Service Desk (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 (RT Act) Pro forma (Attachment D). This is mandatory where the
last registered owner cannot be located or there is no current owner of the vehicle
and must appear in “The Advertiser” within 14 days of impounding.
Note actions taken.
4.3
Follow up where Owner ID is present
Where the last registered owner of the vehicle can be identified, the person who
removed the vehicle must ensure the owner of the vehicle is notified of the removal
of the vehicle and the place to which the vehicle was taken.
A written notice must be served immediately on the owner personally, or sent by
registered post to the owner’s last known residential address.
Search vehicle securities register to check if there is another party with an interest in
the vehicle, and contact if possible.
Where personal service cannot be effected, send a Letter to Registered Vehicle
Owner re Impounded Vehicle (RT Act) (Attachment E) to the residential address of
the last known owner advising of impoundment and giving a specified time to
respond. It should be delivered by Registered Post.
If no owner can be identified, a public notice must be published in the Advertiser
within 14 days after the removal of the vehicle.
Under section 40P of the Road Traffic Act 1961 the owner has one month after
service or publication of the notice to take possession of the vehicle and pay all
expenses in connection with the removal, custody and maintenance of the vehicle
and serving or publishing of the notice.
If the vehicle is not claimed, it can be disposed of. However, as a precaution,
disposal should not proceed until at least 35 days have elapsed.
4.4
Collection/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.
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Record personal photographic ID and proof of ownership and collect the vehicle
impound fee and all other associated costs such as towing, RAA, 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 F) signed and collect the fees due. 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 (RT
Act) Procedure Example (Attachment G) but must not occur until at least 35 days (42
days is preferable) have elapsed after serving notice of impoundment and/or
advertising in the public notices.
4.5
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 should not be disposed of before the disposal of the associated vehicle has
been finalised.
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
Appendices
Attachment A
Council’s impound vehicle procedure
Attachment B
Photographic evidence collection process
Attachment C
Police Notification of Vehicle Removed from Public Place pro forma
Attachment D
Public Notice Impounded Vehicle (RT Act) Pro forma
Attachment E
Letter to Registered Vehicle Owner re Impounded Vehicle (RTA)
Attachment F
Release of Property Form
Attachment G
Disposal of Vehicles (RT Act) Procedure Example
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Best Practice Notes
Some Councils allow officers to remove vehicles which are blocking a driveway.
Although this is permitted by Section 40N of the Road Traffic Act 1961 it should be
used only as a last resort
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