Payment of costs if motor vehicle not recovered
114 Payment of costs if motor vehicle not recovered
This section applies if a person who is entitled to recover a motor vehicle after a period of impoundment ends fails to recover the motor vehicle after the period ends.
If—
before the period of impoundment ends, the owner was personally given an impounding notice for the motor vehicle; and
the owner was the driver when the vehicle was impounded;
the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the vehicle is impounded.
If—
before the period of impoundment ends, the owner was given an impounding notice for the motor vehicle; and
the owner was not the driver of the motor vehicle when it was impounded;
the owner is liable to pay the costs of keeping the vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the driver is found guilty of the offence for which the vehicle is impounded.
If, after the period of impoundment ends, the owner was given an impounding notice for the motor vehicle, the owner is liable to pay the costs of keeping the motor vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the owner was the driver and whether or not the driver is found guilty of the offence for which the vehicle is impounded.
If the owner was not the driver of the motor vehicle and pays the costs of keeping the motor vehicle as required under subsection (2), (3) or (4), the owner may recover the costs paid from the driver as a debt.
This Act’s bill:Explanatory memorandum
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