102 Appeal to Police against impoundment of vehicle

(1)

An owner whose motor vehicle has been seized and impounded under section 96 or section 96A may appeal to the Police against the seizure and impoundment on the grounds that—

(a)

the impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or

(b)

the enforcement officer who seized the vehicle did not have reasonable grounds of belief as required by section 96 or section 96A or did not comply with the notice requirements in subsection (2) of those sections; or

(c)

the owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or

(d)

the owner took all reasonable steps to prevent the driver from driving the vehicle; or

(e)

the driver drove the vehicle in a serious medical emergency (which for the purpose of this paragraph includes carrying a person who is about to give birth); or

(f)

if section 96(1A), (1AA), or (1AB) applies, the owner did not know and could not reasonably be expected to know that the operator of the vehicle would contravene section 22A(1) or (3), 22AF, or 114 (whichever applies); or

(g)

if section 96(1A), (1AA), or (1AB) applies, the owner took all reasonable steps to prevent the operator of the vehicle from contravening section 22A(1) or (3), 22AF, or 114 (whichever applies); or

(ga)

if section 96(1AB) applies, the owner—

(i)

was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and

(ii)

either—

(A)

did not know, and could not reasonably have been expected to know, the identity of the driver; or

(B)

has otherwise provided the information requested under section 118(4); or

(h)

if section 96A applies, the owner did not know, and could not reasonably have been expected to know, that the operator of the transport service in which the vehicle was being used—

(i)

was disqualified from holding a transport service licence; or

(ii)

had the relevant transport service licence suspended or revoked; or

(iii)

did not hold a transport service licence and had previously been forbidden to operate a transport service.

(2)

An appeal under this section must be set out in a statutory declaration and lodged no later than 14 days after the date on which the vehicle is seized and impounded.

(3)

An enforcement officer authorised for the purpose by the Commissioner may hear and determine the appeal, and, if satisfied that a ground referred to in subsection (1) has been established,—

(a)

the authorised officer must direct that the vehicle be released immediately to the owner or a person authorised by the owner; and

(b)

if a direction in respect of the vehicle has been given under section 96(1B), the authorised officer must cancel the direction unless he or she believes on reasonable grounds that the vehicle does not comply with the provisions of the regulations or the rules.

(4)

The authorised officer must consider and determine the appeal as soon as reasonably practicable, and,—

(a)

in the case of an appeal lodged on the ground set out in subsection (1)(a), determine the appeal not later than 2 working days after the day of lodgement:

(b)

in any other case, determine the appeal not later than 5 working days after the day of lodgement.

(5)

The authorised officer may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information.

Section 102(1): amended, on 1 October 2007, by section 56(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 102(1)(b): amended, on 1 October 2007, by section 56(2)(a) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 102(1)(b): amended, on 1 October 2007, by section 56(2)(b) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 102(1)(e): amended, on 2 May 2003, by section 9(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Section 102(1)(f): substituted, on 1 December 2009, by section 27(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 102(1)(f): amended, on 11 August 2017, by section 43(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 102(1)(g): substituted, on 1 December 2009, by section 27(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 102(1)(g): amended, on 11 August 2017, by section 43(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 102(1)(ga): inserted, on 11 August 2017, by section 43(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 102(1)(h): added, on 1 October 2007, by section 56(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 102(2): amended, on 1 December 2009, by section 27(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 102(3): substituted, on 2 May 2003, by section 9(2) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).