#13722
Ray2U
Flatchatter

    In reference to Jimmy's first point:

    “A person must not immobilise a vehicle owned by any other person by means of wheel clamps … except with the consent of that other person” I think this exception allows a mate to secure his friend's car and not be in breach of the law. That is to get over someone saying 'You can't clamp someone else's car. Only the owner can clamp it'. I don't think you can imply consent therefore I doubt if an Owners Corporation can introduce a clamping by-law for it would be 'inconsistent' with the higher local council law; therefore illegal in itself.

     

    But there's another section of the law that seems to have been introduced to enable the removal of dumped vehicles on your premises by enabling you to take possession and move it. It clearly states “A person who takes possession of a vehicle that has been left on premises” so there are circumstances where you can legally take possession of someone else's car. It also says you can't be sued for any damages that you might have caused to the vehicle [s651C]. The only criteria the law seems to need is 'a vehicle that has been left on premises'.

     

    I wonder if this would allow you to legally stick a fork lift under the parked car and dump it out on the street? Or whether there's some other law somewhere that stipulates more criteria before taking possession?

    Just a thought.