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最近看到很多人在讨论长城门口停车问题。
在这里给大家提供新西兰拖车和锁车的相关法规。（问答形式）。
有些个人感觉没什么大用。有用的标红了。有一条绝对对大家有用。
Parking on private property
If I park my car on private property, can it be towed away?
Yes. Towing cars from private land is justified by an ancient doctrine the lawyers call "distress damage feasant".
Essentially this says that if a neighbour's cow wanders onto your land and starts to eat your crops, you can keep it until the damage has been paid for. This doctrine also applies to the cricket ball your neighbour's kids hit through your window.
However, if you wonder what this really has to do with towing cars, you're not alone. In 1984, a High Court judge observed: "It is not easy, and perhaps unwise, to make a very ancient remedy fit the vastly changed circumstances of modern life. If there ought to be a remedy to meet modern needs then it will come much more appropriately from Parliament than from the Courts."
But my car didn't cause any damage.
Damage to property is an essential element of distress damage feasant. However, as physical damage is rarely caused simply by parking a car on someone else's property, the same judge recognised that, "If the remedy of distress damage feasant is to be applied to modern conditions then it seems inevitable that the cost of removing an illegally parked vehicle would need to be regarded as actual damage."
If there are no warning signs, can my car still be towed? （大家注意，没标示也不能乱停）
Yes. There is no legal requirement for private property owners to display a warning that cars will be towed if parked illegally, or to provide contact details for the tow operator. The AA and others have long been campaigning to improve the law in this area.
While the AA accepts the need for tow trucks to ensure that private parks are only used by those authorised to do so, director of public affairs, George Fairbairn says, "Our concern is that notice on private property is often not clear or well sited and this causes a problem."
If my car was damaged while being towed, can I do anything about it?
Tow truck drivers can break into a car to release the handbrake, provided they are not entering with illegal intent. However, the Transport Services Licensing Act requires that tow operators take "all reasonable precautions" to prevent loss from or damage to any vehicle being towed. They may be fined up to $2000 if they breach the Act.
If your car is damaged or property lost complain to the tow operator directly. They are required to keep a single register of written complaints which must be available for inspection by any traffic warden or police officer. Remember to copy any complaint you make to the landowner.
Let your insurance company know what has happened. They will make a claim against the tow company's insurer.
If you are not insured or do not want to claim against your insurance, you will need to get the damage to your car assessed by a panel beater yourself. Once you know what the cost of repair is going to be, ask the tow company to compensate you. If it refuses, file a claim in the Disputes Tribunal.
Is it legal for them to tow my car if my dog is asleep on the back seat? （有狗的朋友们注意了）
Yes. If a towie turns up to a job and finds your dog - or any other animal for that matter - in the vehicle, they can still tow the car, taking the dog with them.
However, they are not allowed to have animals with them on the job. They can't keep a Rottweiler or German Shepherd in the cab of the truck for backup.
If I can't afford the tow fee, can they sell my car?
No. Cars towed from private land can be held until the fee is paid but cannot be sold without further legal action being taken.
There must be some legal requirements for towies?
Yes. The Transport Services Licensing Act requires that tow operators and drivers are licensed. The driver of every tow vehicle must wear a sealed driver identification card which is clearly displayed at all times.
Tow operators must also display on both the inside and outside of every tow truck their name, business location, contact phone number and the name of any organisation to which they belong (for example, the Transport, Tow & Salvage Federation).
The Act also says that a vehicle may only be towed if a tow authority has been completed. This must be signed by a police officer or traffic warden or the landowner or person who requested the tow.
However, we are aware that some firms get tow authorisations signed in bulk and use them as they need them. This is not illegal in itself, but it doesn't necessarily give towies the right just to tow anyone away at any time.
How much can a towie charge? （大致费用，居然没上限！不过可以投诉不合理的高收费）
As much as they like? Well, not quite. You can still get towed in a main centre for under $100, but we've heard of people being charged over $190!
There is no set amount a tow operator must charge when towing a car from private property. However, the courts have suggested they should only charge for "expenses reasonably incurred in removing an unlawfully parked vehicle".
This makes it worth mounting a challenge in a Disputes Tribunal if the amount seems excessive.
Journalist and legal commentator Steven Price recommends that you take action against both the tow firm and the landowner. "It is the only way to force the landowners to take responsibility for the costs charged by tow firms." Price also says, "You will probably not get a full refund, but few claimants walk away from the Disputes Tribunal empty handed."
What's this about "Storage Fees"?
After the first day, tow firms charge a "storage fee" for every day your car remains at their yard uncollected. The amount you will be charged varies but expect to pay $8-$12 per day. As with the tow fee itself you should challenge any storage fee you believe to be excessive, if necessary in the Disputes Tribunal.
They won't let me pay by cheque （大家看一下，如果不服，想投诉的尽量用信用卡付钱）
Towies do not have to accept a cheque and many will not. In most cases you will have to pay with cash or by credit card. If you are paying by credit card and want to dispute the matter later, write "without prejudice" on the credit card slip before you sign. Remember to keep your receipt: you may need it if you file a claim in the Disputes Tribunal.
What happens if I arrive back as my car is being hooked up to the tow truck? （个人觉得最有用的一条）
After considering a case in which a car was towed away from a parking lot with the owner still in it, the High Court ruled that distress damage feasant does not apply where the owner of the car has possession.
So if you get into your car, effectively gaining possession and control of it, a tow truck driver must release it.
However, most tow truck operators will attempt to charge you a call-out fee if they have already broken into your car in order to hook it up. You do not have to pay. 以前高院判过得一个案子得出的结论。只要你在车里，并对车子拥有控制权，拖车就一定要把你放下来。然而他们会问你手“出场费”，但是你不用付！（换句话说，他不放，你就坐在里面报警！）
下面是停在公家地盘的。
Parking on public land
Do the same distress damage feasant rules apply on public land?
No. Only a police officer or traffic warden has the power to authorise the removal of any car obstructing a road or vehicle entrance, or causing some other traffic problem. This includes the removal of cars parked on fire hydrants, footpaths or yellow lines.
How much will it cost if my car is towed from public land? （便宜很多）
If your car is towed between the hours of 7am and 6pm on weekdays it will usually cost you $40, or $55 at any other time. However, you don't have to pay immediately in order to get your car back. Instead, you will be issued with a ticket which includes the tow fee and a stationary vehicle infringement fee (another $40 to $60) which you must pay within 28 days.
Councils do not tow indiscriminately and will usually only issue an infringement notice. There are some exceptions: cars parked in clearways or otherwise creating a hazard will be towed, as will those parked in entranceways (although a complaint may have to be made).
I got charged a towing fee, and the tow truck hadn't even arrived.
You incur the towing fee the minute the tow truck is called. However, if the parking warden is able to "on-charge" the fee to another illegally parked vehicle nearby, they may waive the tow fee.
一点关于锁车轮的信息：
Clamping （被长城对面收了$165的兄弟：告他！赢面不小！）
Some car-park owners leave your car where it is and clamp a wheel or the steering. They then charge a fee to remove it.
The charge for removing the clamp should be clearly related to the costs the car-park owner has incurred. This could cover the lost income from the car park while it was occupied and paying someone to place and remove the clamp. They cannot add an extra fee to teach you a lesson.
Obviously, you can't be made to pay for any loss of parking income after your car has been clamped. By clamping your car the car-park owner is preventing you from removing it - any further loss of income is their problem, not yours. This means the release fee cannot have anything to do with the amount of time you occupied the car park after being clamped.
希望对大家有用。。。
[ 本帖最后由 r.叶子 于 2008-9-14 16:23 编辑 ] |
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发表于 2008-9-14 15:44:31
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晕，以后停车要小心了！！
