Notice No: ........................... (Issued under section 95 of the Land Transport Act 1998 (the Act)) PART 1 Driver's name (First names) (Family name) Address: DOB: .... / .... / .... Occupation: ............................................................ Dlic No: ................................... Time: ......................................... Date: .... / .... / .... Street: ......................................................... Location: .......................................................................... YOUR DRIVER LICENCE IS SUSPENDED FOR 28 DAYS EFFECTIVE IMMEDIATELY 1. This action has been taken because I believe on reasonable grounds that: (Tick appropriate box) (a) You have undergone an evidential breath test under the Act and your breath alcohol concentration was found to exceed 800 micrograms of alcohol per litre of breath; or (b) You have undergone a blood test under the Act and your blood alcohol concentration was found to exceed 160 milligrams of alcohol per 100 millilitres of blood; or (c) You failed or refused to undergo a blood test after having been required or requested to do so under section 72 or section 73 of the Act; or (d) You drove a motor vehicle on a road at a speed exceeding the applicable speed limit by more than 50 km/h (which speed was detected by a means other than approved vehicle surveillance equipment). 2. You are required to immediately surrender your driver licence to me. It will be forwarded to Land Transport New Zealand. 2A. If a blood sample has been taken, the suspension will cease to have effect when you are notified of the result of the blood test, but only if— the blood test shows that you had a blood alcohol concentration of, or less than, 160 milligrams of alcohol per 100 millilitres of blood; and the result of the blood test is notified to you before the close of the 28-day suspension period. 3. If you drive while your driver licence is suspended, you commit an offence which, if it is your first or second offence against section 32(1) of the Act, carries a maximum penalty of imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500 and, in general, a minimum period of disqualification from holding or obtaining a driver licence for 6 months. If the offence is your third or subsequent offence against section 32(1) of the Act (or a corresponding provision under certain earlier enactments), it carries a maximum period of imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000 and, in general, a minimum period of disqualification from holding or obtaining a driver licence for 12 months. In addition, if you are stopped by an enforcement officer, the vehicle you are driving at the time will be impounded for 28 days. Enforcement officer ID: ......................................Station: ................................................................ An outline of your rights of appeal under sections 101 and 109 of the Act is printed on the reverse of this page.

• OUTLINE OF YOUR RIGHTS OF APPEAL AGAINST THE MANDATORY SUSPENSION OF YOUR DRIVER LICENCE

• WHAT ARE MY APPEAL RIGHTS?

• 1. In the first instance you may appeal to the Director of Land Transport New Zealand (LTNZ) and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 101 and 109 of the Act.

• WHAT ARE THE GROUNDS FOR APPEAL?

• 2. The grounds for appeal are that—

  • (a) The person whose driver licence was suspended was not the driver of the vehicle at the time of the act or omission that gave rise to the suspension; or

  • (b) The enforcement officer who suspended your driver licence did not believe on reasonable grounds that—

    • (i) You had undergone an evidential breath test under the Act and your breath-alcohol concentration was found to exceed 650 micrograms of alcohol per litre of breath; or

    • (ii) You had undergone a blood test under the Act and your blood-alcohol concentration was found to exceed 130 milligrams of alcohol per 100 millilitres of blood; or

    • (iii) You failed or refused to undergo a blood test after having been required or requested to do so under section 72 or section 73 of the Act; or

    • (iv) You drove a motor vehicle on a road at a speed exceeding the applicable permanent posted speed limit by more than 40 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment); or

    • (v) you have been convicted of a previous offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act within the last 4 years, and you have undergone an evidential breath test under the Act and your breath alcohol concentration was found to exceed 400 micrograms of alcohol per litre of breath; or

    • (vi) you have been convicted of a previous offence against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act within the last 4 years, and you have undergone an evidential blood test under the Act and your blood alcohol concentration was found to exceed 80 milligrams of alcohol per 100 millilitres of blood; or

    • (vii) you drove a motor vehicle on a road at a speed exceeding the applicable speed limit by more than 50 km/h (which speed was detected by means other than approved vehicle surveillance equipment); or

  • (c) The enforcement officer who suspended your driver licence did not give you a notice that complied with section 95(2) of the Act.

• HOW DO I LODGE AN APPEAL?

• 3. If you believe you have grounds for appealing against the suspension of your driver licence, you should contact the LTNZ by either calling the LTNZ help desk on free-phone [Here specify the applicable telephone number] (in which case the appeal documents will be posted to you), or by obtaining the appeal documents from an LTNZ Regional office. 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.

• WHO WILL DETERMINE MY APPEAL?

• 4. The initial appeal against the 28 day suspension of your driver licence will be determined by an employee of the LTNZ.

• IS THERE A TIME LIMIT WITHIN WHICH AN APPEAL MUST BE DETERMINED?

• 5. The employee of the LTNZ who determines your appeal has 5 working days after an appeal has been lodged to either allow the appeal and remove the suspension or dismiss the appeal. You will be advised of the outcome of your appeal.

• RESULTS OF APPEAL TO LTNZ

• 6. The employee of the LTNZ 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 person considering your appeal will allow it if satisfied that 1 of the grounds listed in paragraph 2 above is established. If he or she is not satisfied that one of the grounds listed in paragraph 2 is established, the appeal will be dismissed.

• APPEAL TO DISTRICT COURT

• 7. If your appeal is dismissed, you may appeal to the District Court where a District Court Judge will decide whether or not 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.

• RETURN OF LICENCE

• 8. If your appeal is allowed, or if before the suspension of your drivers licence ceases to have effect the Police finally decide not to take proceedings against you, or if proceedings have been taken and you are acquitted, the suspension will immediately cease to have effect. In these circumstances your licence will be returned to you at your last known place of residence or business or postal address, or held at the office of the LTNZ nominated by you in the statutory declaration that must accompany your appeal.

• 9. If paragraph 8 does not apply you should contact a licensing agent appointed by the Director after the expiry of the period of suspension of your driver licence.

• WHERE CAN I GET FURTHER INFORMATION?

• 10. You can obtain further information by contacting LTNZ either by calling the help desk free-phone [Here insert the applicable phone number], or at one of their regional offices listed below.

  Land Transport Authority Regional Offices:

  Auckland [Here insert the postal address of the Regional Office]

  Hamilton [Here insert the postal address of the Regional Office]

  Napier [Here insert the postal address of the Regional Office]

  Palmerston North [Here insert the postal address of the Regional Office]

  Wellington [Here insert the postal address of the Regional Office]

  Christchurch [Here insert the postal address of the Regional Office]

  Dunedin [Here insert the postal address of the Regional Office]

• Clause 1(a) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “650” for the expression “800” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 1(b) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “130” for the expression “160” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 1(d) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words “permanent posted” after the word “applicable” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 1(d) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “40” for the expression “50” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 1(d) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by adding the expression “; or” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 1(e) to (g) in Part 1 were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 2 in Part 1 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words “Land Transport New Zealand” for the words “the Land Transport Safety Authority”. See sections 20 to 22 of that Act as to the savings and transitional provisions.

• Clause 2A in Part 1 was inserted, as from 29 December 2001, by section 14(5) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

• Clause 2A in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by inserting in the first bullet point the words “or, if you have been convicted of 1 or more previous offences against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act in the last 4 years, 80 milligrams of alcohol per 100 millilitres of blood” after the words “of blood” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 1 in Part 2 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words “Land Transport New Zealand” for the words “the Land Transport Safety Authority”. See sections 20 to 22 of that Act as to the savings and transitional provisions.

• Clause 1 in Part 2 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the word “LTNZ” for the word “LTSA” wherever it appears. See sections 20 to 22 of that Act as to the savings and transitional provisions.

• Clause 2(b)(i) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “650” for the expression “800” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 2(b)(ii) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “130” for the expression “160” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 2(b)(iii) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words “or section” for the words “of section” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 2(b)(iv) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by inserting the words “permanent posted” after the word “applicable” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 2(b)(iv) in Part 2 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “40” for the expression “50” See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clause 2(b)(v) to (vii) in Part 2 were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Clauses 3, 4, 5, 6, 8, and 10 in Part 2 were amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the word “LTNZ” for the word “LTSA” wherever it appears. See sections 20 to 22 of that Act as to the savings and transitional provisions.

• Clause 10 in Part 2 was amended, as from 1 December 2004, by section 19(2) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word “Safety”. See sections 20 to 22 of that Act as to the savings and transitional provisions.

Notice No: .............................. (Issued under section 96 of the Land Transport Act 1998 (the Act)) PART 1 Driver's name: (First names) (Family name) Address: DOB: .... / .... / .... Occupation: .................................. Dlic No: ......................................................... Owner's name: Address: Time of seizure: ........................... Date: .... / .... / .... Street: ................................. Location: .................................................................................................. Time of offence: ........................... Date: .... / .... / .... ADVICE TO DRIVER OR OPERATOR I am required to seize and impound, or seize and authorise 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 box) (a) You were disqualified from holding or obtaining a driver licence authorising you to drive that vehicle; or (b) Your driver licence was for the time being suspended or was revoked; or (c) You did not hold a driver licence and you were previously forbidden to drive on .... / .... / .... because you were unlicensed or your driver licence had expired. OR 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— (Tick appropriate box) (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 Act; or (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. THE VEHICLE DRIVEN OR OPERATED BY YOU Reg No or VIN: ............................... Make: ............................................................... Year: ................. IS SEIZED AND IMPOUNDED FOR 28 DAYS. It is to be impounded at: Enforcement officer ID: ............................................ Station: ............................................................. An outline of rights (including an outline of the rights of appeal given to the owner of an impounded vehicle under sections 102 and 110 of the Act) is printed on the reverse of this page.

• Part 1 was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

• Paragraph (c) in Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by adding the word “; or”. See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Paragraphs (d) and (e) in Part 1 were inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

• Paragraph (e) in Part 1 was amended, as from 16 January 2006, by regulation 3 Land Transport (Offences and Penalties) Amendment Regulations (No 3) 2005 (SR 2005/335) by adding the words “, and you have been convicted of 2 or more offences against any of sections 56(1) or (2), 58(1), 60(1), or 61(1) or (2) of the Act within the last 4 years”.

• Part 1 was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by adding the words beginning “If a blood sample has been taken”. See sections 96 to 100 of that Act as to the transitional and savings provisions.

• 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.

• WILL MY TRAILER BE IMPOUNDED?

• 2. Trailers and 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 owner of the motor vehicle which 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 and, if that appeal is unsuccessful, to the District Court. 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) The driver was disqualified from holding or obtaining a driver licence authorising the driver to drive that vehicle; or

    • (ii) The driver's driver licence was suspended or was revoked; or

    • (iii) The driver did not hold a driver licence and was previously forbidden to drive because he or she was an unlicensed driver or his or her driver licence had expired; or

    • (iv) 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

    • (v) 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

    • (vi) the driver—

      • (A) had a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath or a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood; and

      • (B) had been convicted of 2 or more offences against section 56(1) or (2), section 58(1), section 60(1), or section 61(1) or (2) of the Act within the last 4 years; 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

  • (d) The owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or

  • (e) The owner took all reasonable steps to prevent the driver from driving the vehicle; or

  • (f) The driver drove the vehicle in a serious medical emergency (including carrying a person who was about to give birth to a child); or

  • (g) if section 96(1A) of the Act 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) of the Act (whichever applies); or

  • (h) if section 96(1A) of the Act applies, the owner took all reasonable steps to prevent the operator of the vehicle from contravening section 22A(1) or (3) of the Act (whichever applies).

  • Clause 4(b) in Part 2 of the form was amended, as from 2 May 2003, by regulation 3(1) Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82) by inserting the words “or operating” after the words “at the time of driving”.

  • Clause 4(b)(iv) and 4(b)(v) in Part 2 of the form was inserted, as from 2 May 2003, by regulation 3(2) Land Transport (Offences and Penalties) Amendment Regulations 2003 (SR 2003/82).

  • Clause 4(b)(vi) in Part 2 of the form was inserted, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

  • Part 2, Clause 4(f) of the form was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by adding the word “or”.

  • Part 2, Clause 4(g) and 4(h) of the form was inserted, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

• 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.

• WHO WILL DETERMINE YOUR APPEAL?

• 6. The initial appeal against the impoundment of a vehicle will be determined by an enforcement officer.

• 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 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 above 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 or not 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 owner or a person authorised by the owner if your appeal is successful. The storage provider must release the impounded vehicle to the owner 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 owner of the vehicle, or a person authorised by the registered owner, on or after the close of the 28-day impoundment period if the owner or authorised person—

  • (a) Shows proof of identity and either proof of ownership of the vehicle or the owner'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 owner may enter into an arrangement only with the agreement of the person with whom the arrangement is entered into.)

  • Clause 12 in Part 2 of the form was amended, as from 2 May 2003, by section 11 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11) by inserting the words “or operated the vehicle”.

• VEHICLE MAY BE SOLD BY STORAGE PROVIDER

• 13. The storage provider may apply to an enforcement officer authorised by the Commissioner of Police for approval to dispose of the impounded vehicle if—

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

  • (b) The vehicle owner or a person authorised by the owner 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.

• Clause 13(a) in Part 2 of the form was amended, as from 16 January 2006, by section 95(9) Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “10” for the expression “28”. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Form
Vehicle seizure and impoundment notice

Section 96A, Land Transport Act 1998 Notice No: Driver’s full name: Address: Date of birth: Occupation: Driver licence No: Transport Service Operator’s name: Address: Time of seizure: Date: Street: Location: Time of offence: Date: Advice to driver or operator I am required to seize and impound, or seize and authorise 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 box] the transport service operator was disqualified from holding or obtaining a transport service licence; or the transport service operator’s transport service licence was for the time being suspended or was revoked; or the transport service operator did not hold a transport service licence and had previously been forbidden to operate a transport service. The vehicle driven or operated by you is seized and impounded for 28 days. Registration No or VIN: Make: Year: It is to be impounded at: Enforcement officer ID: Station: An outline of rights (including an outline of the rights of appeal given to the owner of an impounded vehicle under sections 102 and 110 of the Act) is printed on the reverse of this page.Outline of rights relating to impoundment of vehicle referred to in this notice What about personal property in the vehicle? 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. Will my trailer be impounded? Trailers and 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? If you are the owner 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 and, if that appeal is unsuccessful, to the District Court. These appeal rights are set out in full in sections 102 and 110 of the Act. What are the grounds for appeal? 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) the transport service operator was disqualified from holding or obtaining a transport service licence; or (ii) the transport service operator’s transport service licence was suspended or was revoked; or (iii) the transport service operator did not hold a transport service licence and had previously been forbidden to operate a transport service; or (c) the enforcement officer who seized the vehicle did not comply with the notice requirements set out in section 96A(2) of the Act; or (d) the transport service operator took all reasonable steps to prevent the driver from driving the vehicle; or (e) the driver drove the vehicle in a serious medical emergency (including carrying a person who was about to give birth to a child). How do I lodge an appeal? 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. Who will determine your appeal? The initial appeal against the impoundment of a vehicle will be determined by an enforcement officer. Is there a time limit within which an appeal must be determined? 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 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 above 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 If your appeal is dismissed, you may appeal to the District Court where a District Court Judge will decide whether or not 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 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? 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 The storage provider must release the impounded vehicle to the owner or a person authorised by the owner if your appeal is successful. The storage provider must release the impounded vehicle to the owner 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 owner of the vehicle, or a person authorised by the registered owner, on or after the close of the 28-day impoundment period if the owner or authorised person (a) shows proof of identity and either proof of ownership of the vehicle or the owner’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 owner may enter into an arrangement only with the agreement of the person with whom the arrangement is entered into.) Vehicle may be sold by storage provider The storage provider may apply to an enforcement officer authorised by the Commissioner of Police for approval to dispose of the impounded vehicle if (a) 10 days have elapsed since the close of the impoundment period; and (b) the vehicle owner or a person authorised by the owner 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.