PolicyAbandoned/Unregistered/Un-roadworthy Vehicles SDMS ID Number P2010/0652-001SDMS Title Abandoned/Unregistered/Un-roadworthy Vehicles – Policy –

P2010/0652-001Effective From 1 October 2013Applies to Housing Tasmania tenantsCustodian Manager Housing StrategySummary This policy outlines Housing Tasmania’s position on dealing with

Abandoned/unregistered/un-roadworthy vehicles.Replaces Doc. No. n/aAuthor Area Housing Strategy – Social and Affordable Housing Policy UnitContact Manager, Housing OperationsReview Date October 2018

Policy Intent The intent of this policy is outline the process to facilitate the removal of unregistered, un-roadworthy motor vehicles on Housing Tasmania’s sites, specifically on tenanted/untenanted properties or vacant land.

Application This policy applies to all current Housing Tasmania tenants and declared members of their household. Collectively, all residents in public housing are referred to as our ‘clients’.Our tenants are specifically the people who have signed a current and legally binding tenancy agreement with Housing Tasmania.

Background Historically, the dumping of abandoned motor vehicles or parts, and the storage of unregistered un-roadworthy motor vehicles on Housing Tasmania broad acre residential and bush areas, has been problematic.Housing Tasmania regularly receives complaints from tenants and members of the public concerned about vehicles abandoned on Housing Tasmania property.Complaints received include concerns about:

Vehicles in various stages of disrepair being left for extended periods in car park spaces or vacant land

Vehicles being dumped in common areas of unit complexes

Storage of car parts and car bodies in front and backyards, causing the neighbourhood to look unsightly.

Community perceptions, particularly in relation to broad acre areas where Housing Tasmania is a major vacant land owner, perceive that Housing Tasmania is responsible for the removal of dumped motor vehicles, even in cases where the land is privately owned.

Definition of Motor Vehicle/Parts

Section 3.6C of the Lease Agreement states:‘vehicle’ includes car, truck, bus, caravan, boat, motorcycle and any other vehicle that may be licensed or registered. ‘vehicle’ includes vehicle parts.

Abandoned Motor Vehicle / Parts

An abandoned vehicle on a Housing Tasmania property is not necessarily an unregistered or old vehicle. A vehicle is treated as abandoned if it is:

Dumped on vacant land(environmental or safety hazard) and Tasmanian Police have advised that the identity of

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the owner cannot be established Left behind by a former tenant at the property

(Abandoned Goods Policy may apply) The owner of the motor vehicle has not responded to

Housing Tasmania’s request to remove the vehicle within a specified timeframe.

Entitlement Housing Tasmania will make every reasonable effort to contact the owner of an abandoned motor vehicle left on a Housing Tasmania property or vacant land and provide them with an opportunity to remove it.

Authority to Dispose

Housing Tasmania cannot dispose of an abandoned motor vehicle unless one or more of the following criteria is met:

The owner consent is obtained in writing The owner has not responded to Housing Tasmania

formal request to remove the vehicle within specified timeframes

Ownership of the vehicle cannot be determined (vehicles without registration plates and missing vehicle identification numbers)

The vehicle is considered to be abandoned by Tasmanian Police

Breach of Tenancy A tenant is in breach of their Tenancy Agreement if they or a member of their household stores or abandons a vehicle on Housing Tasmania common property.This applies to vehicles left in backyards, common areas and open carports. Section 3.6C of the Lease Agreement states: “you must not keep any unregistered or un-roadworthy vehicle on the Premises unless you have our written permission to do so”

Removal Options for tenants

Removal options for tenants to dispose of abandoned or unregistered un-roadworthy motor vehicles include:

Referral to local auto salvage yards, Classified advertisements in local newspapers, Businesses which hire out trailers and Metal recycling firms.

As a last resort (with written tenant consent), Housing Tasmania may arrange removal of the vehicle at the tenant’s expense.

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Referral Options for Staff

On notification of an abandoned or unregistered un-roadworthy motor vehicle, staff are able to seek information on, or refer the matter to:

Tasmanian Police to ascertain the official status of the vehicle

Registrar of Motor Vehicles to ascertain registered ownership details

Local Council, where a vehicle is abandoned on a street The private property owner, where a vehicle is

abandoned on privately owned vacant land The tenant requests the removal of motor vehicles on

Housing Tasmania property

Process for removing abandoned motor vehicles

Housing Tasmania staff will follow one of four processes for removing abandoned motor vehicles. The process followed is dependent upon the location of the vehicle including:

Vehicles situated on abandoned or vacated Housing Tasmania property

Vehicles situated on a tenanted property Vehicles situated in Housing Tasmania car parks or

vacant land Vehicles abandoned / dumped on the street or nature

strip or privately owned land

Forms and Notices There are four separate letters and notices available to be used by Housing Tasmania staff including:

Letter to the tenant Tenant Consent Form Letter to the motor vehicle owner Facsimile form (Registrar of Motor Vehicles).

Removal Costs Depending on the location of the motor vehicle, costs for the removal will be met by:

The tenant (vehicle on public rental property) The former tenant (vehicle on abandoned / vacated

public rental property) The registered motor vehicle owner (vehicle on Housing

Tasmania car parks / vacant land) By Housing Tasmania if the vehicle owner cannot be

identified (vehicle on Housing Tasmania car parks / vacant land).

It is more cost effective for tenants to remove vehicles privately without Housing Tasmania involvement. However, tenants may

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elect for Housing Tasmania to remove the motor vehicle at the tenant’s expense. The cost will be debited by the Tenancy Officer on the tenants rental account with an arrangement to repay the debt in place (contact the Statewide Maintenance Services).

This Policy adheres to the Residential Tenancy Act 1997 where relevant.

Exemptions If required and we want to include publicly.

Responsibilities/ Delegations

All Housing Operations staff members are responsible for ensuring the appropriate application of the policy. Area Managers are responsible for Area management including policy application.

Disclaimer This is a statewide policy and must not be re-interpreted so that subordinate policies exist. Should discrete operational differences exist, these should be expressed in the form of an operating procedure or protocol that must be approved at the same level as this policy.

Audit and Compliance

Failure to comply with this policy, without providing a good reason for doing so, may lead to disciplinary action.Compliance with this policy is monitored by the Manager Housing Services, through the delegated Area Managers.

Procedures and Forms

Abandoned/Unregistered/Un-roadworthy Vehicles Procedure

Related Policies Home VisitsTenancy Management

Glossary N/a

Policy Title and Version Abandoned/Unregistered/Un-roadworthy Vehicles v2.0Effective DateReview Date October 2017Document Number P2010/0652-001Replaces Document Number

n/a

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Custodian Housing Tasmania, Social and Affordable Housing PolicyApproved by Manager Housing Strategy

This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is uncontrolled and therefore not current.

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