New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 38

38 Disposal of impounded vehicles or vehicles forfeited to the Crown

(1) If a vehicle that was impounded under section 218, 219 or 219A of the Act has not been released, in accordance with Division 2 of Part 5.5 of the Act, at the end of the period for which it was liable to be impounded, the Commissioner may, by notice served personally or by post on the registered operator of the vehicle and on every person having a registered interest (as defined in section 217 of the Act), warn the operator and every such person that the vehicle is liable to be offered for sale unless appropriate steps are taken to procure the release of the vehicle.

(2) For the purposes of section 227 of the Act, a vehicle that has been forfeited to the Crown under section 219 or 219A of the Act, or that remains duly impounded for 28 days after service of notices referred to in subclause (1), may be offered for sale, except as provided by subclause (3) or by the order of any court.

(3) A vehicle may not be offered for sale while any application under section 224 of the Act, or any subsequent proceedings arising out of such an application, are pending.

(4) At any time within 12 months after a vehicle has been sold in accordance with this Regulation, a person may apply to the Commissioner for payment to the person of the balance of the proceeds of sale of the vehicle, after deduction of any storage fees payable under the Act and the reasonable costs of or incidental to the sale.

(5) The balance of the proceeds of sale may be paid by the Commissioner to any applicant who satisfies the Commissioner, on such evidence as the Commissioner may reasonably require, that:

(a) the applicant was lawfully entitled to the vehicle immediately before its sale, and

(b) there was a reasonable excuse for the applicant’s failure to obtain the release of the vehicle before it was sold.