Traffic

 

Traffic

The registered owner of the impounded vehicle must collect the vehicle, if the registered owner is not available to collect the impounded vehicle they may nominate another person to collect it on their behalf.

The owner must complete the release form and nominate the other person that will be collecting their vehicle. Please contact the Vehicle Impound Unit and supply the required 100 point identification, the Vehicle Impound Unit will confirm the nominated person with the storage yard and they will release the vehicle upon payment for all towage and storage costs

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Information about the documents that can be used for the 100 points of identification with regard to vehicle impoundments, see Vehicle Impound Information.

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The owner of the vehicle can make an application for the release of their vehicle by completing the attached form and taking it to the holding yard that is storing their vehicle, upon payment of the towage and storage costs and a 100 point identification check (must include photo ID) the vehicle will be returned to the registered owner.

For information about vehicle impoundment, including the documents that can be used for the 100 points of identification

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  • Any previous approved Payment Plans not paid in full must be finalised before a new application will be approved.
  • Any outstanding fines owed to the WA Government will exclude you from being approved.
  • If the owner has entered in to a payment plan arraignment for any outstanding fines they will be considered paid.
  • If the owner has been approved for the Early Release of an impounded vehicle, the towage and storage costs must be paid in full.
  • Should the applicant attend the storage yard to collect the vehicle but is unable to pay the approved deposit, the storage Yard will refuse to release the vehicle. The applicant will need to re-apply as the original application will be cancelled.

Once the application has been approved

  • The “Authorisation for Impounded Vehicle Release” form is sent to the storage yard.
  • The owner is to book an appointment with the storage yard and arrange for the collection of the vehicle.
  • The deposit is to be paid at the storage yard upon collection of the impounded vehicle.
  • The owner must review the collection details, if they approve of the minimum deposit and the balance due they must sign and date the form.
  • The owner to present the 100 point identification and the vehicle will be released. If you have considered the information above and have formed the opinion that you are eligible to make an application for a Time Payment Plan you should complete the form provided.

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The owner of the impounded vehicle is responsible for towage and storage costs associated with the impounding of their vehicle.

If the owner was not the driver then the owner may seek restitution in a civil court for the impounding costs.

The owner can contact the holding yard and enquire as to how much the towage and storage costs will be for their vehicle, the holding yard will send an invoice to the owners last known address stating the total amount owed for all towage and storage costs at the end of the impound period.

Any additional days the vehicle is held in storage will be charged to the owner and must be paid before the vehicle is released.

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Applications for the release of an impounded vehicle (link to the form) can only be made at the completion of the impound period. If you would like to recover your vehicle before the scheduled release date please refer to the “Early Release Application” page.

For information about vehicle impoundment, including the documents that can be used for the 100 points of identification

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  • Any vehicle subject to a Surrender Notice that has not been surrendered within the nominated time will have the licence of the vehicle frozen with the Department Of Transport, the owner of a vehicle subject to a surrender notice will not be able to re-register their vehicle until WA Police lift the freeze.

Under s.79BA of the Road Traffic Act 1974 amended, if a police officer reasonably suspects that that the driver of a vehicle has committed an impounding offence and it was impracticable due to the remote location or strong concerns for the welfare of the occupants, or was otherwise unable to be impounded on the day of offence they may issue a Surrender Notice.

A Surrender Notice must only be issued where the vehicle cannot be impounded immediately. For example: As a result of an investigation; required to attend an urgent priority task or emergency incident; duty of care to occupants; towage or storage unavailable; vehicle located on private property.

  • Any vehicle subject to a Notice of Intension will have the licence of the vehicle frozen with the Department Of Transport, a vehicle subject to a Notice of Intension cannot be re-registered until WA Police lift the freeze

Where a second (or subsequent) offence occurs under s.49(1)(a), s.49(3) (a), (b) or (c), s.60, s.62A, s.77(1)(a) and s.78A the Commissioner of Police may make an application for an order to; extend the impoundment period or confiscate a vehicle as a result of an qualifying offence being committed or confiscate a substitute vehicle nominated by the Commissioner.

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Roadside impoundment

WA Police must impound your vehicle for 3 months if you have a previous HOON offence.  Charges that have been withdrawn or have resulted in an acquittal are not to be considered as a previous charge.

You will be sent a Notice of Extension advising you that the impound period has changed from 28 days to 3 months.

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Where a second (or subsequent) offence occurs under s.49(1)(a), s.49(3) (a), (b) or (c), s.60, s.62A, s.77(1)(a) and s.78A the Commissioner of Police may make an application for an order to; extend the impoundment period or confiscate a vehicle as a result of an qualifying offence being committed or confiscate a substitute vehicle nominated by the Commissioner.

Such an application may be heard as part of the proceedings in which the person is convicted of the offence or subsequent proceedings commenced no later than 3 months after those proceedings.

Sufficient notice must be given of the intention to make an application for an order in respect to a particular vehicle i.e. at least 14 days before the application is made to; the driver, responsible person or any person who may have an interest in the vehicle. 14 days’ notice of the application should also be published in a newspaper having state-wide circulation.

Before a court makes an order a reasonable opportunity should be given to the persons to show cause why such an order should not be given and to whether the offence was committed with the consent of a person who has an interest in the vehicle or whether the order will cause severe financial or physical hardship to that person or the usual driver of the vehicle.

If notice is given a person may not dispose of any interest in the vehicle, do anything or permits anything that results in a reduction of the vehicles value.

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If the owner or responsible person pays the towage and storage costs to recover an impounded vehicle a refund may be payable if a person is acquitted of the impounding offence (and no other person is convicted for the offence), the charge is withdrawn, amended, dismissed or no charge is laid.

Written applications for refunds may be submitted to the Supervisor of the Vehicle Impound Unit (VIU), the role of the VIU is to process and review applications, confirm payee details. Refunds may take up to 8 weeks for the funds to be available.

Download refund form.

Email to [email protected] , emails and scans to be titled with claimants name and the VI number.

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  • The owner must pay a minimum deposit of 60% of the total cost for the towage and storage of the impounded vehicle.
  • The remaining 40% will be invoiced to the owner over 6 fortnightly payments.
  • If the applicant cannot afford the 60% deposit they should consider completing a Section 80JA Application requesting the Commissioner of Police to sell an impounded vehicle – No MDL (S.49) offence only.

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When WA Police dispose of an uncollected vehicle any funds from the sale of that vehicle will be paid to the Commissioner of Police for the outstanding towage and storage costs, if the uncollected vehicle is sold for more than what is owed to the Commissioner then any remaining funds will be sent to the last registered owner of the vehicle.

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If an impounded vehicle is confiscated or left uncollected, the Commissioner has authority to dispose of that vehicle under Section 80J(2), 21 days after the expiration of the impoundment period.

80J. Sale of confiscated and uncollected vehicles and items

      (1)     In this section —

               confiscated vehicle means a vehicle that is confiscated under section 80A, as in force at any time, 80C(1) or 80CB(1);

               expenses means the reasonable expenses of the Commissioner;

               item means an item that was in or on a confiscated vehicle or an uncollected vehicle at the time when  —

                  (a)     the vehicle was impounded under Subdivision 2; or

                  (b)     the vehicle was surrendered; or

                  (c)     under section 78C, the vehicle was conveyed to a place for storage,

               as is relevant to the case;

               uncollected vehicle means a vehicle that was impounded under Subdivision 2 or on an impounding order and not collected within 7 days after the end of the impounding period.

      (2)     The Commissioner may sell or otherwise dispose of a confiscated vehicle, an uncollected vehicle or an item.

      (3)     The Commissioner is not to sell or otherwise dispose of a confiscated vehicle or an item unless any appeal against an impounding or confiscation order in respect of the vehicle is determined.

      (4)     The Commissioner is not to sell or otherwise dispose of an uncollected vehicle or an item unless —

                  (a)     each responsible person is given at least 14 days’ written notice of the Commissioner’s intention to sell or dispose of the vehicle or item; and

                  [(b)     deleted]

                  (c)     in the case of an item, reasonable steps have been taken to return the item to its owner; and

                  (d)     any proceedings under subsection (5) or (6) in relation to the vehicle or item and any appeal in respect of those proceedings are determined.

      (5)     The owner of an uncollected vehicle may apply to the Magistrates Court for an order that the sale or disposal of the vehicle under subsection (2) not take place until after such time as is specified in the order but no later than 3 months after the day of the order.

      (6)     The owner of an item may apply to the Magistrates Court for an order that the item be returned.

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The owner may nominate another person to collect their vehicle, the owner must contact the Vehicle Impound Unit and supply the required 100 point identification (must include photo ID) , the Vehicle Impound Unit will confirm the nominated person with the storage yard and they will release the vehicle upon payment for all towage and storage costs.

For information about vehicle impoundment, including the documents that can be used for the 100 points of identification, see Vehicle Impound Information.

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Qualifying offences

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.

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Please contact the Vehicle Impound Unit via email or (08) 9373 2440 for inquiries of this nature.

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WA Police can only release property from an impounded vehicle if it can be demonstrated (proven) by the applicant that they are the owner of the vehicle. The following information must be supplied when completing your Property Release (link to the form) application form.

  • List of items required from the vehicle (attach to the application form)
  • Identification supplied with the application
  • 100 points of identification supplied to the storage contractor when you collect your property

If someone else owns the property located within the impounded vehicle, the owner must complete the bottom section of the property application and supply identification as described above.

Please be aware that anything attached (secured) to the vehicle will not be removed (excluding Alcohol Interlock devices fitted in accordance with the Road Traffic (Authorisation to Drive) Act 2008), it must be sold or destroyed with the vehicle.

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If a police officer reasonably suspects that that the driver of a vehicle has committed an impounding offence and it was impracticable due to the remote location or strong concerns for the welfare of the occupants, or was otherwise unable to be impounded on the day of offence they may issue a Surrender Notice.

A Surrender Notice must only be issued where the vehicle cannot be impounded immediately. For example: As a result of an investigation; required to attend an urgent priority task or emergency incident; duty of care to occupants; towage or storage unavailable; vehicle located on private property.

The notice may be given to the responsible person in person or by registered post.

The surrender notice must be issued before the expiry of a period of 28 days from the day of the offence.

A responsible person for a vehicle who has been given a surrender notice relating the vehicle commits an offence and is liable to a fine of 50 PU ($2500) if, when the vehicle has not been impounded by operation of subsection (1) or (2) as a consequence of the notice, the person disposes of an interest (sell/dispose of the vehicle) that the person has in the vehicle.

Surrender Notices apply to hoon and unauthorised driving offences

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WA Police will return your plates to the Department of Transport on your behalf, plates are not returned to owners. If you would like to return the number plates the owner must collect the vehicle from impound and pay the towage and storage costs.

If you receive a notice advising you to return your plates and that you may be subject to a fine, you can contact the Department of Transport and inform them that your vehicle has been impounded and they may withdraw the fine.

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The State Law Publisher web site provides access to the Road Traffic Act 1974.

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Section 79 D (6) of the Road Traffic Act 1974 deems the owner of the vehicle fully responsible.

79D.    Release of impounded vehicles

(6) For the purposes of subsection (2) (j) none of these factors by itself means manifest injustice or manifest unfairness will be suffered by a person —

  1. If the offence in respect of which the vehicle was impounded was an impounding offence (driver’s licence), the fact that a person responsible for the vehicle concerned had no grounds to suspect the alleged offender was not authorised to drive the vehicle at the time of the offence;
  2. The fact that, although a responsible person for the vehicle expressly or impliedly authorised the person who allegedly committed the offence in respect of which the vehicle was impounded (the alleged offender) to drive the vehicle, the responsible person had no grounds to suspect the alleged offender would drive in a manner that contravened this Act.

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  • The owner can apply for a Time Payment Plan 5 days before the scheduled release date.
  • A Time Payment Plan application received at the Vehicle Impound Unit will be processed, unless exceptional circumstances exist, within two (2) working days of receipt of the application.
  • The Time Payment Plan will only be valid for 7 days from the approval date.

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The State is liable to pay compensation to the former owner of an uncollected vehicle, or an item, if the vehicle or item is sold or otherwise disposed of under section 80J and —

  • No charge of committing the offence for which the vehicle was impounded is laid during the period of one year after the day on which the offence is suspected to have been committed; or
  • During the period described in paragraph (a), a person is charged with committing the offence but the person is acquitted of that offence, or the charge is withdrawn or dismissed.

Written applications for compensation (link to application for compensation for certain vehicles or items disposed of under section 80J form) may be submitted to the Supervisor of the Vehicle Impound Unit (VIU).

Email to [email protected] , emails and scans to be titled with claimants name and the VI number.

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Impoundment periods

The impoundment period for the qualifying offences varies depending on the offence type and the number of charges or convictions for a ‘like’ offence. Further, upon application by police, an additional impoundment period or an order for confiscation may be issued by a court depending on the offence type and number of convictions.

Roadside impoundment

Roadside impoundment by police applies to hoon and unauthorised driving offences only. In relation to hoon offences, previous charges apply when determining the impoundment period. Police are required to interrogate both IMS and Briefcase to ensure quality assurance of the data. Charges that have been withdrawn or have resulted in an acquittal are not to be considered as a previous charge. The following roadside impoundment periods apply:

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A responsible person for a vehicle who has been given a surrender notice relating the vehicle commits an offence and is liable to a fine of 50 PU ($2500) if, when the vehicle has not been impounded by operation of subsection (1) or (2) as a consequence of the surrender notice, the person who disposes of an interest (sells/disposes of the vehicle) that the person has in the vehicle.

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  1. Please complete the 80JA form (link to form), this gives the Commissioner the right to dispose of your vehicle prior to the scheduled release date.
  2. The impounded vehicle will be held for a total of 21 days after the scheduled release date
  3. Proceedings will commence to dispose of the vehicle within 7 days after the scheduled release date
  4. The convicted offender is liable for all costs associated with the vehicle’s impound and disposal.
  5. If the sale of a vehicle does not cover these costs, the driver will be sent an invoice for the outstanding amount and debt collection processes commenced.

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Impounded vehicles can be released if a suitable substitute vehicle is provided by either the driver or owner of the impounded vehicle. The substituted vehicle must be of equal or a higher value, licenced and road worthy. Included with the details of the vehicle such as registration number, owners name and address and proof of licence must be included with a detailed explanation required as to why a substitution is required.

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The owner of the vehicle is responsible for all impounding costs including;

  1. All towing of the vehicle whilst impounded
  2. All storage fees for the vehicle during the impound period
  3. All additional storage fees beyond the scheduled release date
  4. All additional fees charged by the storage provider
  5. Any administrative fees and charges

The costs associated with the impound will vary depending on where the vehicle was impounded.

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Application for the release of an impounded vehicle upon payment of 60% of the total costs owed for the towage and storage of the vehicle.

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Full payment is required on the day the vehicle is collected unless you have an approved payment plan.

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  1. The impounded vehicle will be held for a total of 21 days after the scheduled release date
  2. Proceedings will commence to dispose of the vehicle within 7 days after the scheduled release date
  3. The convicted offender is liable for all costs associated with the vehicle’s impound and disposal.
  4. If the sale of a vehicle does not cover these costs, the driver will be sent an invoice for the outstanding amount and if not paid then debt collection processes will be commenced.

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Only the Owner is eligible to apply for a Time Payment Plan Agreement, the application is to be forwarded to the Vehicle Impound Unit (VIU) for processing to [email protected].

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310, Treasure Road N, Welshpool