In your rush to come and see us in our new offices, please make sure you don’t break any road traffic laws…especially now that new laws have been enacted allowing for the impounding and in some cases, confiscation of vehicles!

Road traffic laws are generally complex and those to do with the impounding and confiscation of vehicles are no exception. So you should take legal advice about how the law applies in your particular circumstances. Please do not rely on this article alone which is intended only as a general alert.

As a general rule (and there are exceptions which you should take legal advice about), a motor vehicle can be (but will not necessarily be) impounded if:

(a) it was used in the commission of a certain class of offence (which will vary depending on when the offence was allegedly committed because of recent changes to road traffic laws); or
(b) it is another car owned by the person who committed such an offence; or
(c) a Police Officer suspects that it was used in the commission of a certain class of offence and a Senior Police Officer (ranked Inspector or higher) later satisfies himself that there were reasonable grounds for the suspicion, unless the vehicle, if used in the actual or suspected offence, was stolen, hired, or, in some cases, lent, at the time of the offence.

Generally, the car will be impounded for 28 days in the case of a first offence (except for road rage), not more than 3 months in the case of a second offence (except for road rage) and not more than 6 months in the case of a third offence (except for road rage).

A Police Officer who reasonably suspects the vehicle to have been involved in the commission of an offence punishable by impounding may impound the vehicle by seizing the vehicle and the keys to it. Otherwise, a surrender notice is issued to the person responsible for the vehicle within 28 days of the commission of the alleged offence who then has seven days after the date of the notice to surrender the vehicle and the keys.

As an alternative to 6 months’ impounding, a third offence may result in confiscation of the vehicle. In the case of an offence involving road rage, even a first offender may have their vehicle impounded for 6 months or confiscated.

Confiscated cars are seized and sold by the State. All the owner gets out of the sale is the balance of proceeds after payment of:

(a) expenses incurred in selling the vehicle;
(b) expenses reasonably incurred by the Police in impounding the vehicle; and
(c) expenses reasonably incurred in storing the vehicle after the period of impounding ends but before the vehicle is sold.

The person responsible for an impounded vehicle may also be required to pay the reasonable cost of impounding it.

So drive safely, folks, we’ll still be here enjoying our new premises on Adelaide Terrace when you arrive!

Related Havilah Legal service(s): Criminal Law