Council officers are not permitted to immediately impound abandoned vehicles they consider a bushfire risk, and could be liable for damages if they were to do so.
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Cessnock City Council sought an investigation of the rules regarding abandoned vehicles in response to the high number of dumped cars in the local government area in recent months, and fears such vehicles could be a danger to the public if vandalised or set alight.
The advice from Local Government Legal was presented to the council’s October 18 meeting.
The advice stated that an impounding officer cannot immediately impound a motor vehicle if it is deemed a risk to the public due to fear of vandalism or fire, and that if the officer does remove a vehicle for that reason, the council and the officer may be liable for damages to the vehicle if they are found to have failed to act in good faith or with reasonable care.
Local Government Legal also advised the council that it is not aware of any other legislative provisions that would enable abandoned vehicles to be impounded immediately.
While council officers are authorised under the Impounding Act to investigate and impound abandoned vehicles, specific timeframes are in place to ensure procedural fairness is extended to the vehicle’s owner.
An impounding officer must make all reasonable inquiries in an effort to find out the name and address of the owner of a motor vehicle before the officer impounds the vehicle, and must give written notice to the owner indicating that the vehicle may be impounded unless it is removed within a specified period (not less than three days).
A vehicle may only be impounded immediately if it is in a public place and causing an obstruction to vehicular or pedestrian traffic, or is likely to be a danger to the public.
Councillor Allan Stapleford said council officers should have the right to remove abandoned cars if considered a bushfire risk.
“If it’s in a fire-prone area, in the summer danger zone, we should be legally remove it,” he said.
The investigation came after a notice of motion by councillors Di Fitzgibbon and Anne Sander at the council’s October 4 meeting.
The council also asked for a motion requesting a review of the Impounding Act to be submitted to the Local Government NSW Board for consideration for inclusion as an agenda Item for the 2017 Local Government NSW annual conference.
