80S – Application to claim of right to possession under section 80S

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

Immediate family, in relation to a person, means a spouse or de facto partner, child, grandchild, sibling, parent or grandparent of the person;

WA Police can only release an impounded vehicle before the scheduled release date if it can be demonstrated (proven) by the applicant that the impounded vehicle was subject to a claim of right to possession. The following information must be supplied when completing your Claim of Right to Possession application form.Failure to attach the correct information will result in your application not being processed. A request for further information will be sent to the applicant.

The following information is required to progress your application:

Information:

  • The rider’s name
  • The rider’s relationship to the owner (required if not immediate family)
  • Any items located in or on the vehicle
  • Reasons for the application
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