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Vehicle Impoundment - Additional For Motorbike Offences

What the law says

Section 74 of the Police Powers and Responsibilities Act Queensland states:

(3) Also, a police officer may impound a motorbike if, in relation to the motorbike-

  • (a) the driver of the motorbike is charged with having committed-

(i)   a motorbike noise direction offence; or

(ii) a motorbike noise order offence; or

  • (b) the driver of the motorbike is a child, paragraph (a) does not apply, and the police officer reasonably suspects the child has committed-

(i)   a motorbike noise direction offence; or

(ii) a motorbike noise order offence.

What the police must prove

The Police need not prove anything to impound your vehicle. To invoke the power to impound your vehicle, all that is required of a Police Officer is to charge you with one of the following:

(1) A motorbike noise direction offence;

(2) A motorbike noise order offence.

Maximum penalty

Maximum Impoundment Period - 48 hours, however if that period ends between 5:00pm and 8:00am you must wait until after 8:00am to collect your vehicle.

However if the Police apply for an 'Impoundment Order' within that 48 hours the period may be longer. Click here to find out more. The Police may also apply to have your vehicle forfeited to the state, Click here to find out more.

The driver will also be liable for any costs involved in removing and keeping the vehicle and for the costs of impoundment for each day the driver fails to remove the car after the period of impoundment ends. 

If the driver is not the owner, the owner will not be responsible for impoundment costs for 2 business days after the owner receives the impoundment notice. However, the owner will become liable to pay for costs of impounded for each day thereafter. 

If the vehicle is not removed by the owner within 30 days the vehicle will considered forfeited to the state and may be sold.  If the owner is known, the owner will receive the proceeds of the sale after the costs of impoundment, moving and sale of the vehicle have been accounted for.

Which court will hear the matter

This issue of your vehicle impoundment will not be heard in court.  However the charge that evoked the Police power to impound your vehicle may be heard in court.

Possible defences

There are no defences to the impoundment of your vehicle. However the charge that invoked the Police power to impound your vehicle can be defended if your matter is heard in court.

 

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