Road Transport Act 2013

A person may apply to the Local Court for an order for the release into the person’s custody of—

a motor vehicle impounded under this Part before the end of the period of impounding imposed on the motor vehicle, or

number-plates confiscated under this Part before the end of the number-plate confiscation period applying to the number-plates.

An order cannot provide for release on a day that is less than 5 working days after the vehicle was impounded or the number-plates were confiscated.

In determining whether to make an order under this section, the Local Court is entitled to have regard to the following—

the safety of the public and the public interest in preventing the use of a motor vehicle that the Court considers is reasonably likely in all the circumstances to be used for further sanctionable offences,

any alleged extreme hardship to a person other than the registered operator of the motor vehicle arising from the impoundment of the vehicle or confiscation of the number-plates.

The motor vehicle or number-plates are to be released by order of the Local Court only after the applicant has paid in full any applicable movement, towing and storage fees under section 250.

An applicant into whose custody a motor vehicle is released by an order under this section must acknowledge in writing receipt of the motor vehicle from the custody of the Commissioner of Police.

An applicant into whose custody number-plates are released by an order under this section must acknowledge in writing receipt of the number-plates from the custody of Transport for NSW.

An applicant into whose custody number-plates are released by an order under this section must remove any number-plate confiscation notice attached to the motor vehicle before the motor vehicle is operated on any road.