Motor Cycles FAQ?

 

Motor Cycle

If a motor cycle is confiscated under section 80T(1), the driver of the motor cycle at the time of its suspected use is liable to pay to the Commissioner an amount specified by the Commissioner as being equivalent to all reasonable expenses of the Commissioner.

80U. Liability for police expenses

If a motor cycle is confiscated under section 80T(1), the driver of the motor cycle at the time of its suspected use is liable to pay to the Commissioner an amount specified by the Commissioner as being equivalent to all reasonable expenses of the Commissioner in —

  1. impounding the motor cycle; and
  2. storing the motor cycle after it has been confiscated but before it has been sold or otherwise disposed of under section 80V.

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The unlicensed motor cycle is impounded for 14 days and then confiscated unless the Commissioner receives a Section 80S Claims of right to possession, you have 10 days from the date the unlicensed motor cycle is seized to lodge your claim.

80S. Claims of right to possession

  1. A person may, within 10 days after the day on which a motor cycle is impounded under section 80O(2) or 80Q(1) or (2), give to the Commissioner a claim that —
    1. the person —
      1. is a responsible person for the motor cycle; and
      2. is not a member of the driver’s immediate family; and
      3. was not the driver of the motor cycle at the time of the suspected use;

      and

    2. the suspected use of the motor cycle occurred without the knowledge and acquiescence of the person.
  2. The claim is to be in an approved form.
  3. If the Commissioner accepts the claim, the Commissioner must, as soon as practicable, ensure that the motor cycle is returned to the claimant.
  4. If the Commissioner rejects a claim, the Commissioner must, as soon as practicable, give a written notice of the rejection to the person making the claim.

80T. Confiscation

  1. A motor cycle impounded under section 80O(2) or 80Q(1) or (2) is confiscated on the later of the following —
    1. if the Commissioner does not receive a claim under section 80S — the 14th day after the motor cycle is impounded; or
    2. if the Commissioner receives one or more claims under section 80S but rejects all of them — the day after the last of those claims is rejected.
  2. If a motor cycle is confiscated under subsection (1), the property in the motor cycle vests absolutely in the State, free from all interests, rights, titles or claims in or to the ownership or possession of the motor cycle.

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The terms used within 80O are explained below.

80N.  Terms used

In this Subdivision —
immediate family, in relation to a person, means a spouse or de facto partner, child, grandchild, sibling, parent or grandparent of the person;
surrender notice has the meaning given in section 80P(2);
suspected use, in relation to a motor cycle impounded under section 80O(2) or 80Q(1) or (2), means the use of the motor cycle in circumstances described in section 80O(1)(a) to (c).

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If an unlicensed motor cycle is ridden on a designated road then it will be subject to being seized under Section 80O of the Road Traffic Act. A designated road is the area between property lines and includes any footpaths and the verge area. Please refer to Section 80N Terms Used for further information.

80O. Police power to impound unlicensed motor cycle used on road

  1. This section applies if a police officer reasonably suspects that —
    1. a motor cycle is being used on a road; and
    2. the use constitutes an offence under the Road Traffic (Vehicles) Act 2012 section 4(2); and
    3. the motor cycle was not, at any time during the period of 2 years immediately before the day of the use —
      1. licensed under the Road Traffic (Vehicles) Act 2012; or
      2. the subject of a permit, or number plates, issued under the Road Traffic (Vehicles) Act 2012 section 13.
  2. The police officer may seize and impound the motor cycle within a period of 28 days after the day of its suspected use.
  3. The Commissioner is to ensure that, as soon as practicable after a motor cycle is impounded under subsection (2), notice of the impounding is given to —
    1. a responsible person for the motor cycle; and
    2. if that person has not reached the age of 18 years, a responsible adult, as defined in the Young Offenders Act 1994, for the person.
  4. The notice must be in an approved form and specify the following —
    1. the time when the motor cycle was impounded;
    2. the address of the place where the motor cycle is stored;
    3. sufficient details of the motor cycle to identify it;
    4. the time and place of the suspected use of the motor cycle;
    5. sufficient other details of the suspected use to identify the grounds for giving the notice;
    6. if known, the name of the driver of the motor cycle during its suspected use.
  5. The notice must also include the following —
    1. a statement to the effect that this Subdivision contains law about the notice and the impounding of the motor cycle;
    2. a statement as to the effect of sections 80S, 80T and 80U;
    3. a statement as to the effect that if the motor cycle is confiscated under section 80T, it may be disposed of under section 80V;
    4. a statement as to the effect of section 80W.

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310, Treasure Road N, Welshpool