Impounding motor vehicles for second or subsequent type 2 vehicle related offence
74C Impounding motor vehicles for second or subsequent type 2 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 2 vehicle related offence in relation to the motor vehicle and—
the driver of the motor vehicle has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; or
the driver of the motor vehicle has previously been found guilty of a type 2 vehicle related offence committed on 1 previous occasion within the relevant period.
Note—For when a person is charged with an offence, see section 71.
A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.
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.
The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 7 days.
This provision refers to the regulations (prescribed offence
). Made under this Act:
This Act’s bill:Explanatory memorandum
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