96A Impoundment of vehicle used in transport service

(1)

An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle that is being used in a transport service for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—

(a)

the transport service operator was disqualified from holding or obtaining a transport service licence; or

(b)

the transport service operator’s transport service licence was suspended or revoked; or

(c)

the transport service operator—

(i)

does not hold a transport service licence; and

(ii)

has previously been forbidden to operate a transport service.

(2)

An enforcement officer who seizes and impounds (or authorises the impoundment of) a vehicle under this section must—

(a)

complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—

(i)

the full name and full address of the driver; and

(ii)

the full name and full address of the transport service operator, if different from the driver; and

(iii)

the year of manufacture and make of the vehicle, and its registration plate details or vehicle identification number; and

(iv)

the date and time of the seizure; and

(v)

the place where the vehicle is to be impounded; and

(vi)

an outline of the person’s rights of appeal under sections 102 and 110; and

(b)

give the driver a copy of the notice, unless the driver has left the scene; and

(c)

give the person registered under Part 17 in respect of the vehicle a copy of the notice, if that person is present at the time of the seizure, or as soon as practicable send a copy to that person by ordinary post to that person’s last known place of residence or business or postal address, or address as recorded on the register of motor vehicles; and

(d)

cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and

(e)

retain a copy of the notice for 12 months.

(2A)

The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—

(a)

provide the driver’s—

(i)

full name; and

(ii)

full address; and

(iii)

date of birth; and

(iv)

occupation; and

(v)

telephone number; and

(vi)

driver licence number:

(b)

provide, if known to the driver and different from the driver, the transport service operator’s—

(i)

full name; and

(ii)

full address; and

(iii)

date of birth (if an individual); and

(iv)

telephone number.

(3)

The owner of an impounded vehicle has the rights of appeal provided in sections 102 and 110.

(4)

Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.

(4A)

Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—

(a)

a bailiff or constable who is executing a warrant to seize property:

(b)

a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner’s consent to such release.

(5)

An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.

(6)

A vehicle to which a notice under this section relates must be released to the owner if—

(a)

the Agency or the Police have decided finally that proceedings will not be taken against the transport service operator or the person who drove the vehicle in circumstances referred to in subsection (1) or such proceedings have been taken and the person is acquitted; and

(b)

the vehicle has not been—

(i)

released; or

(ii)

seized under the Summary Proceedings Act 1957; or

(iii)

confiscated under the Sentencing Act 2002.

(7)

Nothing in subsection (1) authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.

(8)

Sections 97 and 98 apply, with any necessary modifications, to a motor vehicle used in a transport service that is impounded under this section.

Section 96A: inserted, on 1 October 2007, by section 51 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 96A(2)(a)(i): amended, on 1 December 2009, by section 23(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 96A(2)(a)(ii): amended, on 1 December 2009, by section 23(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 96A(2)(c): substituted, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 96A(2A): inserted, on 1 December 2009, by section 23(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 96A(4): substituted, on 1 December 2009, by section 23(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 96A(4A): inserted, as section 96A(5), on 1 December 2009, by section 23(4) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 96A(4A) subsection number: substituted, on 10 May 2011, by section 60 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 96A(6)(a): amended, on 1 August 2008, pursuant to clause 40(2) of Schedule 2 of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 96A(6)(b): substituted, on 23 July 2011, by section 9 of the Land Transport Amendment Act 2011 (2011 No 31).