Impounding motor vehicles for second or subsequent type 1 vehicle related offence
74A Impounding motor vehicles for second or subsequent type 1 vehicle related offence
A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and—
the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or
the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period.
Notes—
1 For when a person is charged with an offence, see section 71.
2 For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.
A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.
Note—See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.
This section applies subject to division 2.
Note—Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.
This provision refers to the regulations (prescribed offence
). Made under this Act:
This Act’s bill:Explanatory memorandum
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