A difficult position that many repairers find themselves in is what to do when a customer does not collect their vehicle.

It may be that the vehicle was towed in and it is a total write-off and so the customer has no incentive to take it off your hands. It may be that the car is brought in for repairs but the cost of the repairs starts to outweigh the value of the car and so the customer abandons the vehicle. It may even occur that the owner of the vehicle has passed away and so you are left with their vehicle on your property. All these scenarios leave you as the business in a frustrating situation as you cannot legally dispose of property that is not yours without following certain steps.

There are two main pieces of legislation that outline the processes to enable you to legally dispose of the unclaimed vehicle. Choosing which process to follow depends on whether there is any money owed to you for works performed on the vehicle.

This table provides a comparison of the process to follow to dispose of an unclaimed vehicle under the Worker’s Liens Act 1893 (SA) and the Unclaimed Goods Act 1987 (SA):

These can be confusing processes to follow but the MTA Workplace Relations Team can assist with any questions or assistance you require.

Please contact the MTA Workplace Relations Team on 8291 2000, or at wr@mtasant.com.au.