Land Transport Amendment Act 2017

42 Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)

(1)

In section 96(1AB),—

(a)

after “stop”, insert “(or remain stopped)”; and

(b)

replace “114(1) or (2)” with “114”.

(2)

Replace section 96(6)(a) with:

(a)

the Police have decided not to take any of the following proceedings (or if proceedings have been taken and the person is acquitted):

(i)

proceedings against a person who drove the vehicle in circumstances referred to in subsection (1):

(ii)

proceedings against a person who operated the vehicle in circumstances referred to in subsection (1AA) or (1A):

(iii)

in relation to a vehicle driven by a person who failed to stop (or remain stopped) in the circumstances referred to in subsection (1AB), proceedings against that person:

(iv)

in relation to a vehicle driven by a person who failed to stop (or remain stopped) in the circumstances referred to in subsection (1AB), proceedings against a person (if any) who has not provided the information requested under section 118(4); and

(3)

After section 96(6A), insert:

(6B)

A vehicle to which subsection (1AB) applies may be released to the owner if the owner—

(a)

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

(b)

has provided the information requested under section 118(4).