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NSW Towing from Temporary Works Zone per Road Traffic Safety Act

Discussion in 'Traffic Law Forum' started by Paul Creedy, 27 July 2014.

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  1. Paul Creedy

    Paul Creedy Member

    27 July 2014
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    I parked my car accidently overnight in an area in North Sydney NSW which became a temporary works zone 7pm - 7am. They did some road paving that night.There was a sign near where I parked but I didnt see it... my fault.
    The next morning when I was going to work my car wasnt there.
    I rang the NSW RTA Traffic Management centre who told me that they didnt have a record of my car being towed. I was informed by them that my car was probably stolen as they believed the RTA and their subcontractors were the only ones legally entitled to tow a car from public roads in that circumstance (eg councils were not).
    I walked for 2 and half hours around the area looking for my car where it may have been towed to if it had been towed, and I could not find it.
    I reported it as a stolen car to the police 2 days later. I rang around tow companiues and found that the foreman working for North sydney Council that night had ordered a tow truck to take the car away. I eventually found the car >1km from its parking place. I spoke with Council and explained the situation and the inconveneience. They simply said they had the authority to tow the car under the "Roads Traffic Safety Act". I have looked for the Act and reference to Councils powers in it but I cant seem to find the Act and the Councils powers.
    Could you please clarify the legislation under Traffic Law which covers the treatment of my car in this situation?
    Thank you
  2. DennisD

    DennisD Well-Known Member

    11 July 2014
    Likes Received:
    Hi Paul
    Excuse me for responding to one question with another. As you have recovered the car, are you looking to show the council acted beyond the scope of its powers? Or simply to clarify the scope of those powers for another reason?

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