Land Transport (Offences and Penalties) Regulations 1999

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Form
Form of vehicle seizure and impoundment notice (illegal street racing offence/failure to stop)

Section 96, Land Transport Act 1998

Notice No:

Part 1

Driver’s full name:

Full address:

Telephone number:

Date of birth:

Occupation:

Driver licence number:

 

Registered person’s full name:

Full address:

Date of birth:

Occupation:

Telephone number:

Driver licence number:

Date of offence:

Time of offence:

Date of seizure:

Time of seizure:

Advice to driver (or operator)

I am seizing and impounding, or seizing and authorising the impoundment of, the motor vehicle described below for 28 days because I believe, on reasonable grounds, that you drove the vehicle on a road while—

[Tick appropriate paragraph]

  • __(a) you operated that vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1) of the Land Transport Act 1998 (the Act).

  • __(b) without reasonable excuse, you operated that vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3) of the Act.

  • __(c) you operated that vehicle in circumstances referred to in section 96(1AA) of the Act.

  • __(d) you failed to stop in the circumstances referred to in section 96(1AB) of the Act.

The vehicle driven (or operated) by you is seized and impounded for 28 days.

Registration number or VIN:

Make:

Model:

Vehicle year:

It is to be impounded at:

Enforcement officer ID:

Station:

Part 2 of this form outlines your rights (including an outline of the rights of appeal given to the registered person of an impounded vehicle under sections 102 and 110 of the Act).

Part 2

Outline of rights relating to impoundment of vehicle referred to in this notice
What about personal property in the vehicle?
  • 1 Any personal property (other than property attached to or used in connection with the operation of the vehicle) will be released on request to any person who produces satisfactory evidence that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved. If the vehicle was carrying goods at the time of seizure and impoundment, they will be released to any person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner’s consent to the release or they will be released to a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957.

Will my trailer be impounded?
  • 2 A trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle at the time of seizure and impoundment will not be seized or impounded.

What are my appeal rights?
  • 3 If you are the registered person of the motor vehicle that has been seized and impounded, you may appeal against the seizure and impoundment of the vehicle. In the first instance, you may appeal to the Police; if that appeal is unsuccessful, you may then appeal to the District Court. If you decide to appeal to the Police, you must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded. After that time, you may appeal to the District Court only with the agreement of the Police, who must be satisfied that exceptional circumstances exist that prevented you from appealing to the Police within the 14-day period. These appeal rights are set out in full in sections 102 and 110 of the Act.

What are the grounds for appeal?
  • 4 The grounds for appeal are 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 believe on reasonable grounds that at the time of driving (or operating) the vehicle on a road,—

      • (i) if section 96(1A) of the Act applies, the operator operated the motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, in contravention of section 22A(1) of the Act; or

      • (ii) if section 96(1A) of the Act applies, the operator operated the motor vehicle without reasonable excuse in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3) of the Act; or

      • (iii) if section 96(1AA) of the Act applies, the driver operated the vehicle in a manner that breached a qualifying bylaw and the vehicle was subject to a warning notice issued under section 22AF of the Act; or

    • (c) the enforcement officer who seized the vehicle did not comply with the notice requirements set out in section 96(2) of the Act; or

How do I lodge an appeal?
  • 5 If you believe you have grounds for appealing against the impoundment of the vehicle, you should go to the Police station nearest to where the vehicle was impounded and pick up a copy of the appeal documents. The appeal must be in writing and set out in a statutory declaration. It must clearly state the grounds for the appeal. The declaration must be taken in front of someone entitled to take statutory declarations. You must lodge your appeal with the Police within 14 days of the date on which the vehicle was seized and impounded.

Who will determine my appeal?
  • 6 The initial appeal against the impoundment of a vehicle will be determined by an enforcement officer authorised for the purpose by the Commissioner of Police.

Is there a time limit within which an appeal must be determined?
  • 7 The officer who determines your appeal must do so as soon as is reasonably practicable and not later than 2 working days after the day of lodgement, in the case of an appeal lodged on the ground that the impounded vehicle was a stolen or converted vehicle at the time of seizure and impoundment, and not later than 5 working days after the day of lodgement, in any other case.

Results of appeal to Police
  • 8 The officer who determines your appeal will either allow the appeal or dismiss it. He or she may refuse to consider your appeal if satisfied that the appeal is frivolous or vexatious, or that you have provided insufficient information. If your appeal is not dismissed on these grounds, the officer who considers it will allow it if satisfied that one of the grounds listed in paragraph 4 is established. If he or she is not satisfied that one of the grounds listed in paragraph 4 is established, the appeal will be dismissed.

Appeal to District Court
  • 9 If your appeal is dismissed, you may appeal to the District Court where a District Court Judge will decide whether your appeal should be allowed. An appeal to a District Court must be made not later than 28 days after the date on which you were notified of the decision appealed against, or within such further period as the court may allow. Requirements about the way in which the appeal is to be made and determined are specified in section 111 of the Act. The District Court must determine the appeal only on the grounds specified in the Act.

Towage and storage fees
  • 10 The fees for towage and storage are set out in regulations. You can obtain a copy of the fees from your nearest Police station.

How do I go about paying the fees?
  • 11 If you are liable to pay fees for towage or storage, the law, in general, requires you to pay the fees in full or enter into an arrangement with the storage provider to pay the outstanding fees over time. You can arrange to pay some or all of the fees during the period of the impoundment.

Release of vehicle
  • 12 The storage provider must release the impounded vehicle to the registered person or a person authorised by the registered person if your appeal is successful. The storage provider must release the impounded vehicle to the registered person if the Police finally decide not to take proceedings against the person who drove the vehicle (or operated the vehicle), or if proceedings have been taken and the person is acquitted. The Act specifies other circumstances in which an impounded vehicle may be released before the close of the 28-day impoundment period. The storage provider must release the impounded vehicle to the registered person of the vehicle, or a person authorised by the registered person, on or after the close of the 28-day impoundment period if the registered person or authorised person—

    • (a) shows proof of identity and either proof of ownership of the vehicle or the registered person’s copy of this notice; and

    • (b) pays the towage and storage fees and charges or enters into an arrangement with the storage provider to pay those fees and charges. (Note that a registered person may enter into an arrangement only with the agreement of the person with whom the arrangement is entered into.)

Vehicle may be seized under warrant
  • 13 The vehicle may be seized by a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957 or by a registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002.

Vehicle and personal property may be sold by storage provider
  • 14 The storage provider may apply to an enforcement officer authorised by the Commissioner of Police for approval to dispose of the impounded vehicle, and any personal property found in the vehicle, if—

    • (a) 10 days have elapsed since the close of the impoundment period; and

    • (b) the registered person of the vehicle or a person authorised by the registered person has not claimed the vehicle and has not paid the towage and storage fees and charges or entered into an arrangement to pay those fees and charges; and

    • (c) no other person has established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle or any personal property found in the vehicle.