Police Powers and Responsibilities Act 2000

This section applies to the driver of a motorbike that is impounded for a motorbike noise order offence if the driver has been charged with the offence and an application for a forfeiture order for the motorbike can not be made under section 91.

Within 48 hours after charging the person with the offence, a police officer must apply in the approved form for an order that the motorbike be held at a holding yard for a period of not more than 3 months (impounding order).

The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (5) of this section.

Subsection (3) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.

If the application is properly made to a magistrate under section 800, the magistrate must—

order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and

give a copy of the application and the order to the clerk of the court of the relevant court.