Police power to impound unlicensed motor cycle used on road
80O Police power to impound unlicensed motor cycle used on road
This section applies if a police officer reasonably suspects that —
a motor cycle is being used on a road; and
the use constitutes an offence under the Road Traffic (Vehicles) Act 2012 section 4(2); and
the motor cycle was not, at any time during the period of 2 years immediately before the day of the use —
licensed under the Road Traffic (Vehicles) Act 2012; or
the subject of a permit, or number plates, issued under the Road Traffic (Vehicles) Act 2012 section 13.
The police officer may seize and impound the motor cycle within a period of 28 days after the day of its suspected use.
The Commissioner is to ensure that, as soon as practicable after a motor cycle is impounded under subsection (2), notice of the impounding is given to —
a responsible person for the motor cycle; and
if that person has not reached the age of 18 years, a responsible adult, as defined in the Young Offenders Act 1994, for the person.
The notice must be in an approved form and specify the following —
the time when the motor cycle was impounded;
the address of the place where the motor cycle is stored;
sufficient details of the motor cycle to identify it;
the time and place of the suspected use of the motor cycle;
sufficient other details of the suspected use to identify the grounds for giving the notice;
if known, the name of the driver of the motor cycle during its suspected use.
The notice must also include the following —
a statement to the effect that this Subdivision contains law about the notice and the impounding of the motor cycle;
a statement as to the effect of sections 80S, 80T and 80U;
a statement as to the effect that if the motor cycle is confiscated under section 80T, it may be disposed of under section 80V;
a statement as to the effect of section 80W.
[Section 80O inserted: No. 51 of 2016 s. 45.]
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