New South Wales Consolidated Acts

IMPOUNDING ACT 1993 - SECT 16

16 Special procedures for impounding of motor vehicles

(1) An impounding officer must make all reasonable inquiries in an effort to find out the name and address of the owner of a motor vehicle before the officer impounds the vehicle.

(2) If the impounding officer’s inquiries fail to reveal the name and address of the owner, the officer may proceed to impound the vehicle.

(3) If the impounding officer’s inquiries do reveal the name and address of the owner, the officer is not to impound the vehicle until notice of the proposed impounding has been given to the owner and the period specified in the notice has elapsed.

(4) The notice to the owner must be in writing addressed to the owner and must indicate that the vehicle may be impounded unless it is removed within a specified period (not less than 3 days) and may be destroyed if its value is less than $500 (or such other amount as may be prescribed under section 18).

(5) A motor vehicle may be impounded immediately (without following the procedures in this section) if the vehicle is in a public place and the impounding officer is satisfied on reasonable grounds that its immediate removal is justified because it is causing an obstruction to traffic (vehicular or pedestrian) or is or is likely to be a danger to the public.

Note: Section 43 provides for police assistance in finding out who the owner of a motor vehicle is. See section 49 for the ways in which notice can be given to the owner of a vehicle.