The owner of the impounded vehicle is responsible for paying all towage and storage costs.
- The person collecting the vehicle must pay all costs associated with the impounded vehicle,
- If the owner is not the driver, the owner can pay to collect the vehicle and later may consider to recover the costs from the driver through civil proceedings.
The owner of the vehicle will be notified by police of the incident and if the vehicle is not collected after the impoundment period expires, police will start the disposal process. Police may refuse to release a vehicle if the impound and towage costs have not been paid at the time it is to be collected. Police are also not required to release the vehicle until the place where it is being held is normally open for business.
There are currently three types of offences that are subject to vehicle impoundments:
- Impounding Offence (driving);
- Impounding Offence (driver’s licence); and
- Road Rage offences.
Specifically, the offences include:
Impounding Offence (driving)
- Reckless driving; S. 60(1A)
- Reckless driving in a confiscation zone; S.60(1A)
- Speeding 45 km/h above the speed limit; S.60A(1) or (2)
- Speeding 45km/h above the speed limit – confiscation zone; S60A(2)
Impounding Offence (driver’s licence)
- s.49(1)(a) that is committed by a person described in s.49(3)(a), (b) or (c):
- The driver had applied for the grant or renewal of a driver’s licence and had been refused;
- The driver had never held a driver’s licence AND is also disqualified from holding a driver’s licence for any reason other than fine suspension;
- The driver has held a driver’s licence but ceased to hold it for any reason other than voluntarily surrendering the licence, the licence expired or fines suspension; or
- The driver’s licence is suspended for any reason other than fines suspension;
- s.38(1)(a) driving contrary to extraordinary licence (EL) conditions:
- The driver is driving contrary to an EL in regards to time, purpose or location only.
Road Rage offences
- s.78A is a road rage offence where the offender:
- Assaults a victim;
- Damages the victim’s property; or
- Commits a reckless driving offence where the victim is endangered,
- Where the offence is committed as a reaction to, and motivated by, an event that occurs on a road or any place accessible to the public while:
- The offender is driving a vehicle on the road or in the place; and
- The victim of the offence is using the same road or place, whether as the driver, or a passenger in another vehicle.