South Australian Numbered Regulations

SUMMARY OFFENCES (GENERAL) VARIATION REGULATIONS 2005 (NO 31 OF 2005) - REG 4

4—Insertion of Part

After Part 1 insert:

Part 2—Impounding and forfeiture of motor vehicles (Part 14A)

5—Prescribed circumstances (section 66B, 66D and 66E)

The following circumstances in which a motor vehicle is used by a person are prescribed for the purposes of section 66B(6)(b), 66D(1)(c) and 66E(1)(a)(ii) of the Act:

            (a)         the motor vehicle is being used by the person (not being the owner of the motor vehicle) in accordance with a contractual arrangement with the owner of the motor vehicle, other than a contractual arrangement that confers on the person an express or implied right or option to purchase the motor vehicle; and

            (b)         the owner of the motor vehicle is a person who carries on a business that consists of, or involves, hiring or otherwise supplying motor vehicles to others for business or personal use.

Examples—

A person visiting South Australian on holiday hires a car from a car hire company to use while in the State. While that person is driving the car in accordance with the hire contract, the car is being used in circumstances prescribed by this regulation.

A taxi driver drives a taxi that is owned, not by the driver, but by the taxi company for whom the driver works. While the taxi driver is using the taxi in accordance with his or her employment contract, the taxi is being used in circumstances prescribed by this regulation.

5A—Fees payable under Part 14A

The fees set out in Schedule A1 are prescribed for the purposes set out in that Schedule.

5B—Prescribed form of notice (section 66E)

A notice prohibiting the sale or disposal of a motor vehicle served under section 66E(1) of the Act must be in the form set out in Schedule B1.

5C—Sale or disposal of motor vehicles (section 66I)

For the purpose of exercising a power to sell a motor vehicle under section 66I of the Act, the Sheriff or the Commissioner may—

            (a)         set a reserve price for the motor vehicle; and

            (b)         move the motor vehicle to another location within the State.

5D—Service of notices (section 66K)

A notice required or authorised to be given to, or served on, a person for the purposes of Part 14A of the Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.