Section 142 of the Road Transport Act 2013 (NSW) is ‘Removal of Dangers and Obstructions to Traffic’ and is extracted below.
If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.
Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.
We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.
The Legislation
Section 142 of the Road Transport Act 2013 is Removal of Dangers and Obstructions to Traffic and reads as follows:
Removal of dangers and obstructions to traffic
(cf STM Act, s 75)
(1) If a danger or obstruction to traffic on a road is caused by:
(a) a vehicle that has been involved in an accident or has broken down, or
(b) any thing that has fallen, escaped or been removed from a vehicle, or
(c) any container used for transporting materials or refuse (including a building skip), an appropriate officer may remove the vehicle, thing or container and take such other steps as may be necessary to protect the public and facilitate the free flow of traffic.
(2) The appropriate roads authority may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the relevant person the expenses that the appropriate roads authority has incurred in exercising the functions conferred by this section.
(3) A certificate that is issued on behalf of the appropriate roads authority by a person prescribed by the statutory rules, or by a person belonging to a class of persons so prescribed, being a certificate that states that:
(a) a specified amount represents the costs incurred by the authority in carrying out specified work or in taking specified action for the purposes of this section, or
(b) a specified amount represents the costs incurred by the authority in relation to the exercise by an appropriate officer of a function under this section,
is admissible in any such proceedings and is prima facie evidence of the fact or facts so stated.
(4) A person must not, without reasonable excuse:
(a) fail to comply with any direction given to the person by an appropriate officer in exercising a function under subsection (1), or
(b) obstruct a person who is authorised to remove a vehicle in accordance with this section.
The penalties
Maximum penalty: 20 penalty units.
(5) In this section:
“appropriate officer” means:
(a) an employee in the service of the appropriate roads authority authorised by that authority to exercise the powers conferred by this section, or
(b) a police officer, or
(c) a person of a class prescribed by the statutory rules who is authorised by the appropriate roads authority to exercise the functions of an appropriate officer under this section.
“appropriate roads authority” means:
(a) in relation to any road within a local government area–the council of that area, and
(b) in relation to a classified road (within the meaning of the Roads Act 1993 )–the Authority, and
(c) in relation to that part of a road used for the passage of light rail vehicles or as an access to light rail vehicles–Transport for NSW and the operator of the light rail system.
“relevant person” means:
(a) in relation to a vehicle–the person who had custody of the vehicle at the time of the accident or breakdown, or
(b) in relation to any thing that has fallen, escaped or been removed from a vehicle–the person who had custody of the vehicle at the time of the fall, escape or removal, or
(c) in relation to a container–the person who had custody of the container at the time it was placed in such a way as to cause danger or an obstruction to traffic.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.