ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 40 Impounding or forfeiture of vehicles on finding of guilt or admission of offence

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 40

40 Impounding or forfeiture of vehicles on finding of guilt or admission of offence

(cf Traffic Act, s 4BC)

(1) A motor vehicle used in connection with an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 , being in either case the first offence by the offender under the provision concerned, that any court finds that a person is guilty of is by the finding liable to be impounded for a period of 3 months, unless the court by order otherwise directs under subsection (3).

(2) A motor vehicle used in connection with an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 , being in either case a second or subsequent offence by the offender under the provision concerned, that any court finds that a person is guilty of is by the finding liable to be forfeited to the Crown, unless the court by order otherwise directs under subsection (3).

(3) The court that found a person to be guilty of an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 may, for reasons of the avoidance of any undue hardship to any person or other injustice perceived by the court, by its order direct that a period of impounding imposed by this section be reduced or dispensed with, or that a forfeiture imposed by this section be commuted to a period of impounding.

(4) The period for which a vehicle was impounded under section 39 is to be reckoned as counting towards a period of impounding imposed by or under this section.

(5) Any impounding or forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the impounding or forfeiture is taken to be, or to be part of, that penalty.

(6) For the purposes of this section, payment of the amount specified:

(a) in a penalty notice issued in respect of an offence under section 41 of the Road Transport (Safety and Traffic Management) Act 1999 , or

(b) in any process issued subsequent to such a penalty notice,

as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, has the same effect as a finding by a court that the person was guilty of the offence.

(7) Schedule 1 has effect with respect to a motor vehicle impounded or forfeited under this section.