Land Transport (Enforcement Powers) Amendment Bill

  • enacted
16 Vehicle seized and impounded for 28 days in certain circumstances
  • (1) Section 96 is amended by inserting the following subsection after subsection (1):

    • (1AA) An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—

      • (a) the driver operated the vehicle in a manner that breached a qualifying bylaw; and

      • (b) the vehicle is subject to a warning notice attached under section 22AF.

    (2) Section 96(1A) is amended by omitting may and substituting must, if practicable,.

    (3) Section 96(2)(a)(i) is amended by omitting name and address and substituting full name and full address.

    (4) Section 96 is amended by inserting the following subsection after subsection (2):

    • (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 the driver is not the registered person, the registered owner's person's

        • (i) full name; and

        • (ii) full address; and

        • (iii) date of birth; and

        • (iv) occupation; and

        • (v) telephone number.

    (5) Section 96 is amended by repealing subsection (4) and substituting the following subsections:

    • (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.