ROAD TRAFFIC ACT 1974 - SECT 79B

ROAD TRAFFIC ACT 1974 - SECT 79B

79B .         Notice of impounding, police to issue etc.

        (1)         The Commissioner is to ensure that, as soon as practicable after a vehicle is impounded under section 79(1), 79A(1) or 79BB, notice of the impounding is given to —

            (a)         each responsible person; and

            (b)         if the driver is not a responsible person, the driver; and

            (c)         if the licence in respect of the vehicle is for the time being suspended under section 79BD, the CEO.

        (2)         The notice of the impounding given under subsection (1) is to be in an approved form and contain details of —

            (a)         the time when the vehicle was impounded; and

            (b)         the address of the place where the vehicle is stored; and

            (ca)         if under section 79(3A) the length of the impounding period is specified to be 3 months, the charge or previous conviction because of which the driver was a previous offender as defined in section 79(1A); and

            (cb)         the vehicle sufficient to identify it; and

            (cc)         the time and place at which the offence, in the commission of which the vehicle was used, is suspected to have been committed; and

            (cd)         the offence sufficient to identify the grounds on which the vehicle was impounded; and

            (ce)         if known, the person who was driving the vehicle when the offence is suspected to have been committed; and

            (cf)         the length of the impounding period, which is to be —

                  (i)         if section 79(1) is the impounding provision, either 28 days or 3 months according to which of those periods is the impounding period for which section 79(1) requires the vehicle to be impounded or would require the vehicle to be impounded if it applied; and

                  (ii)         if section 79A(1) is the impounding provision, 28 days;

                and

            (cg)         the grounds on which the vehicle may be released under section 79D; and

            (c)         how, when and to whom the vehicle can be released; and

            (d)         the powers of a court under sections 80A, 80B, 80C and 80FA in relation to the impounding and confiscation of vehicles.

        (3A)         The Commissioner is to ensure that, as soon as practicable after a vehicle (the substitute vehicle ) is impounded under section 79BCB following the issue of a surrender substitute vehicle notice to a responsible person for the vehicle under section 79BCA, notice of the impounding is given to —

            (a)         each responsible person for the vehicle; and

            (b)         if the licence in respect of the vehicle is for the time being suspended under section 79BD, the CEO.

        (3B)         The notice of the impounding given under subsection (3A) is to be in an approved form and contain details of —

            (a)         the time and place at which the offence, in the commission of which the initially impounded vehicle (as defined in section 79BCA(1)) was used, is suspected to have been committed; and

            (b)         the offence sufficient to identify the grounds on which the initially impounded vehicle was impounded; and

            (c)         the person who was driving the initially impounded vehicle when the offence is suspected to have been committed; and

            (d)         the substitute vehicle sufficient to identify it; and

            (e)         the time when the substitute vehicle was impounded; and

            (f)         the address of the place where the substitute vehicle is stored; and

            (g)         the length of the impounding period for the substitute vehicle which is to be the period specified in the surrender substitute vehicle notice under section 79BCA(5)(h); and

            (h)         the grounds on which the substitute vehicle may be released under section 79D; and

                  (i)         how, when and to whom the substitute vehicle can be released; and

            (j)         the powers of a court under sections 80A, 80B, 80C and 80FA in relation to the impounding and confiscation of vehicles.

        (3C)         The Commissioner is to ensure that, as soon as practicable after a vehicle (the alternative vehicle ) is impounded under section 79BCE following the issue of a surrender alternative vehicle notice to a responsible person for the vehicle under section 79BCD, notice of the impounding is given to —

            (a)         each responsible person for the vehicle; and

            (b)         if the licence in respect of the vehicle is for the time being suspended under section 79BD, the CEO.

        (3D)         The notice of the impounding given under subsection (3C) is to be in an approved form and contain details of —

            (a)         the offence referred to in section 79BCD(1)(a) including the time and place at which it is suspected to have been committed; and

            (b)         the alternative vehicle sufficient to identify it; and

            (c)         the time when the alternative vehicle was impounded; and

            (d)         the address of the place where the alternative vehicle is stored; and

            (e)         the length of the impounding period for the alternative vehicle which is to be the period specified in the surrender alternative vehicle notice under section 79BCD(5)(g); and

            (f)         the grounds on which the alternative vehicle may be released under section 79D; and

            (g)         how, when and to whom the alternative vehicle can be released; and

            (h)         the powers of a court under sections 80A, 80B, 80C and 80FA in relation to the impounding and confiscation of vehicles.

        (3)         The Commissioner is to ensure that, as soon as practicable after an impounding period is extended under section 79(3), notice of the extension is given to each responsible person and, if the driver is not a responsible person, the driver.

        (4)         The notice of the extension is to be in an approved form and contain details of —

            (a)         the impounded vehicle; and

            (b)         the time when the vehicle was impounded and when the impounding period would end if it were not extended; and

            (c)         the charge or previous conviction because of which the impounding period is extended; and

            (d)         the powers of a court under sections 80A, 80B, 80C and 80FA in relation to the impounding and confiscation of vehicles.

        [Section 79B inserted: No. 10 of 2004 s. 13; amended: No. 4 of 2007 s. 31(1); No. 24 of 2008 s. 9 and 23; No. 23 of 2009 s. 13; No. 20 of 2010 s. 8; No. 8 of 2012 s. 36.]