What the law says
Section 86 of the Police Powers and Responsibilities Act Queensland states
(1) This section applies to the driver of a motorbike that is impounded for a motorbike noise order offence if the driver has been charged with the offence and an application for a forfeiture order for the motorbike can not be made under section 91.
(2) Within 48 hours after charging the person with the offence, a police officer must apply in the approved form for an order that the motorbike be held at a holding yard for a period of not more than 3 months (impounding order).
What the police must prove
In order for the Police to obtain the order at Court, they must prove each of the following matters on the balance of probabilities:
(1) The accused as been charged with:
- (a) A motorbike noise direction offence; OR
- (b) A motorbike noise order offence; AND
(2) That an application cannot be made under s91 for forfeiture.
For more information the requirements for Police to forfeit you motorbike, click here.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty
Maximum Impoundment period – 3 months.
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
The application for an Impoundment Order will be heard in the Magistrates Court.
Possible defences
1. It is a defence to prove that the current offence occurred without the knowledge and consent of the owner of the vehicle.
2. While not exactly a defence, if the accused can show forfeiture would cause him or her severe financial or physical hardship, the Magistrate may impose an order of community service in the alternative to impoundment.