Road Traffic Act 1974

This section applies if —

under section 79BA a surrender notice is given to a person responsible for a vehicle (vehicle A) the driver of which (the alleged offender) is suspected of having committed an offence (the offence); and

under section 79BCC the surrender notice is cancelled before vehicle A is impounded under section 79BB; and

the alleged offender is a responsible person for one or more other vehicles.

If this section applies, a police officer may give the alleged offender, personally or by registered post, a notice in accordance with this section (a surrender alternative vehicle notice).

The surrender alternative vehicle notice cannot be given after 28 days after the date on which the surrender notice was cancelled.

The surrender alternative vehicle notice must contain a statement to the effect that, because vehicle A will not be impounded, a vehicle for which the alleged offender is a responsible person (the alternative vehicle) is required to be surrendered to the Commissioner for impounding instead of vehicle A.

The surrender alternative vehicle notice must specify the following —

in relation to the offence, its details and the time and place at which it is suspected to have been committed;

which of sections 79(1) and 79A(1) is the provision that authorised the impounding of vehicle A (the impounding provision);

sufficient details of vehicle A to identify it;

when the surrender notice was cancelled under section 79BCC;

sufficient details of the alternative vehicle to identify it;

if the impounding provision is section 79(1) and the alleged offender is a previous offender as defined in section 79(1A), sufficient details to explain why the alleged offender is regarded as a previous offender;

the length of the impounding period for the alternative vehicle, which is to be —

if section 79(1) was the impounding provision for vehicle A, either 28 days or 3 months according to which of those periods was the impounding period for which section 79(1) required vehicle A to be impounded; and

if section 79A(1) was the impounding provision for vehicle A, 28 days;

the place at which, and the time of day during which, the alternative vehicle and its keys are required to be surrendered under this Division;

the last day on or before which the alternative vehicle and its keys are required to be surrendered, being the seventh day after the day on which the notice is given.

The surrender alternative vehicle notice must also include —

a statement to the effect that this Division contains law about the notice and the impounding of the vehicle; and

a statement as to the effect of section 79BCE(5) and (6); and

a statement to the effect that failure to comply with the notice will result in the vehicle being impounded under section 79BCE(2).

If the alleged offender is a responsible person for 2 or more other vehicles, the surrender alternative vehicle notice must specify only one of them as the alternative vehicle, being the one decided by the police officer issuing the notice.