All FAQ?

 

All FAQ?

WA Police will release an impounded vehicle on or after the scheduled release date, the registered owner of the vehicle is the only person that can collect the impounded vehicle from the WA Police contractor. The following information must be supplied when completing your Release application form.

If you require someone else to collect the vehicle on your behalf you can nominate them on the bottom of the application and provide proof of their identification.

Failure to attach sufficient 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:

  • 100 points of identification to the WA Police contractor.
  • Email the release form to the Vehicle Impound Unit.
  • Include identification of the authorised person to collect your vehicle if required.
  • Payment of all towage and storage cost associated with the vehicle impound.

100 points of identification must be produced before the vehicle will be released, please refer to the Vehicle Impound section of this website for information.

Note: Photo identification must be included in the 100 points. A vehicle will not be released unless photo identification is supplied, if you are unable to produce photo ID you must attend your local Police station for a stamped release form.

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If the Commissioner is satisfied that the driver of an impounded vehicle has:

  • Been charged with committing the offence but the person is acquitted of that offence, or the charge is withdrawn or dismissed; or
  • 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.

The person who paid for the towage and storage costs would be eligible for a full refund of those costs.

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:

  • Driver’s name.
  • Court date.
  • Court location.
  • Court outcome.
  • Name of the person who paid for the towage and storage costs.
  • Contact details of the person who paid the towage and storage costs.
  • Bank account details of the person who paid the towage and storage costs.
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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 application form.

  • List of items required from the vehicle
  • 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, it must be sold or destroyed with the vehicle. (Excluding Alcohol Interlock devices fitted in accordance with the Road Traffic (Authorisation to Drive) Act 2008).

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Information for applicants

Steps:

1. Only the OWNER of the impounded vehicle can enter into a Time Payment Plan agreement with the Western Australian Police.

Owners must make their application within 14 days of the schedule release date of their vehicle to be eligible for a payment plan.

The Applicant must be present when collecting the vehicle from the impound yard, as the applicant will be required to sign the application form for when the final costs are updated. All costs along with any additional storage rates for the impounded vehicle can be obtained by contacting the storage yard.

2. Upon approval of the application, the applicant will be financially liable for the total costs at collection (A) (refer to Application form).

An approved application will remain valid for 7 DAYS only from the approval date; after this period a new application will be required. The applicant will be advised by email, SMS or telephone when the application has been approved or declined.

Should the applicant later wish to make any changes to an application it will be cancelled and the submission of a new application will be required. An applicant will be ineligible to apply for a payment plan if there are any existing outstanding payment plans or fines owed by the applicant (the applicant can be on a payment plan for the outstanding fines).

General guidelines:

3. A Minimum Deposit of 60% of the Total Cost at collection IS REQUIRED.

The Balance of Total cost at Collection “A” less Deposit “B” (refer to Application form) will be made by six (6) fortnightly payments; this will be calculated for equal amounts to be paid over the chosen period.

4. If the applicant is not in a financial position to recover their vehicle they may wish to consider submitting an 80JA requesting the Commissioner of Police to sell an impounded vehicle. On receipt of an approved 80JA application no further storage costs will be incurred.

5. A payment plan is NOT PERMITTED if the vehicle is released as a result of an Early Release Application being approved. A condition of early release will be that payment for impound costs is made in full (Section 79E Road Traffic Act 1974).

Once the application is approved:

Notification is made of the approval. The Authorisation for Impounded Vehicle Release form is sent to the Storage yard by WA Police.

The Applicant 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.

100 points of identification must be produced before the vehicle will be released. Please refer to the WA Police web site at www.police.wa.gov.au for further information.

The outstanding balance for the impound cost, the applicant will have to wait between 6 to 12 weeks to receive the final tax invoice from WA Police for further payment to be made.

Written applications to be sent to:

Vehicle Impound Unit
Western Australia Police
Online: www.police.wa.gov.au
Fax: 08 9373 2420
E-mail[email protected]

 

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Early release forms for the following circumstances can be found below:

Exceptional hardship early release form

WA Police can only release an impounded vehicle before the scheduled release date if it can be demonstrated (proven) by the applicant that exceptional hardship will be suffered by the applicant. The following information must be supplied when completing your Early Release application form.

Failure to attach sufficient 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:

Provide information (a statement) that outlines how a refusal to grant your application and release your vehicle would cause exceptional hardship to you and your family.

This information should include information regarding your work and the financial impact as outlined below. Documents supporting the accuracy of the claims in your statement must also be provided.

  • Work details
  • Exceptional hardship for you or your family
  • Transport details
  • Reasons the vehicle won’t be released early
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Hire vehicle early release form

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 formal agreement to hire the vehicle (Hire Vehicle) from a registered hire company. The following information must be supplied when completing your Early Release application form.

Failure to attach sufficient 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:

Provide information (a statement) that addresses the following:

  • Who the rental agreement was with.
  • Name.
  • Address.
  • Drivers licence number.
  • Any other drivers nominated.
  • Date hired.
  • Scheduled return date.

Payment for the towage and storage costs will be paid by the rental company before the vehicle is released.

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Incorrect impound early release form

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 an incorrect impound, the applicant must present clear evidence that their vehicle should not have been impounded by WA Police. The following information must be supplied when completing your Early Release application form.

Failure to attach sufficient 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:

Provide information (a statement) that explains why the vehicle was incorrectly impounded. Please attach all documents that will assist in your application to have the vehicle returned.

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Stolen vehicle early release form

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 stolen vehicle report, the incident must be investigated by WA Police and simply reporting a vehicle stolen is not a reason to release a vehicle early. The following information must be supplied when completing your Early Release application form.

Failure to attach sufficient 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:

Provide information (a statement) that includes the following:

  • Location (police station) the vehicle was reported stolen.
  • The date your witness statement was taken by a police officer.
  • The incident report (IR) number for the stolen vehicle.
  • If you have any links (friend or relative) to the person driving the vehicle.
  • Attach any documents to prove that the vehicle was stolen.

Please be aware that WA Police may wait until the investigating officer supplies further information to substantiate (prove) the stolen vehicle claim, this may delay the approval to release the vehicle.

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Substitute vehicle early release form

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. The following information must be supplied when completing your Early Release application form.

Failure to attach sufficient 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:

Provide information (a statement) that identifies the vehicle that you would like to substitute. Please attach all documents that will assist in your application to have the vehicle substituted.

You will need to include the following:

  • Substitute vehicle registration number.
  • Substitute vehicle make, model and year.
  • Owners name and address.
  • Photos from all sides and the motor and interior of the substitute vehicle.
  • Previous service history may be required.
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Taxi early release form

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 is a registered Taxi. The following information must be supplied when completing your Early Release application form.

Failure to attach sufficient 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: 

Provide information (a statement) that includes the following:

  • Owner of the taxi plates.
  • Driver of the taxi.
  • Drivers licence number of the driver.
  • Are licence checks completed on all drivers?

Taxi means a vehicle,

  • a. On which taxi plates issued under the Taxi Act 1994 are being used;
    or
  • b. In respect of which a taxi-car licence has been issued under the Transport Co-ordination Act 1966 Part IIIB,And it does not matter whether or not, at the relevant time, it is standing or plying for hire or carrying passengers for reward;

Taxi operator, of a taxi, means a person who,

  • a. Under the Taxi Act 1994, owns or leases the taxi plates, issued under that Act, that are being used on the taxi; or
  • b. Holds the taxi-car licence issued under the Transport Co-ordination Act 1966 in respect of the taxi
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  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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  1. In this section -

    former owner, in relation to an uncollected vehicle sold or otherwise disposed of under section 80J, or an item in or on the vehicle, means the owner of the vehicle or item before the vehicle or item was sold or otherwise disposed of;

    • Item has the meaning given in section 80J(1);
    • Uncollected vehicle has the meaning given in section 80J(1).
  2. 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.
  3. If, before the end of the period referred to in subsection (2)(a), the Commissioner of Police is satisfied that it is unlikely that a person will be charged with committing the offence for which the uncollected vehicle was impounded, the former owner of the vehicle, or item, may be paid compensation.
  4. A liability that the State has under subsection (2) in relation to an uncollected vehicle, or item, is reduced by an amount paid under subsection (3) in relation to the vehicle or item.
  5. The State may recover from a person an amount equal to the amount of compensation paid to the person under subsection (2) or (3) in a court of competent jurisdiction as a debt due to the State if —
    • A person is, after the payment of the compensation, convicted of the offence for which the uncollected vehicle was impounded; and
    • Any appeal against the conviction is determined and the conviction is not quashed or overturned.
  6. The State is liable to pay compensation to the former owner of an uncollected vehicle, or an item, if —
    • a person was convicted of the offence for which the vehicle was impounded; and
    • the person is subsequently acquitted of the offence; and
    • at the time of the acquittal —
      • a. No other person has been convicted of the offence for which the vehicle was impounded; or
      • b. If a person has been charged with the offence for which the vehicle was impounded, the person is acquitted of the offence or the charge is withdrawn or dismissed.
  7. The amount of compensation to be paid under this section —
    • For an uncollected vehicle, is limited to the market value of the vehicle at the time it was impounded; and
    • For an item, is limited to the market value of the item at the time the vehicle was impounded.
  8. For the purposes of subsection (7), the market value of an uncollected vehicle, or an item, is —
    • The market value agreed between the State and the former owner of the vehicle or item; or
    • If no such agreement exists, the market value of the vehicle or item as determined by a court of competent jurisdiction.

The following information must be supplied when completing your 80M compensation application form.

Failure to attach sufficient 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

Provide information (a statement) that includes the following information:

  • Date of court outcome.
  • Court outcome.
  • Location of court.
  • List of items within the vehicle.
  • Receipts for the items within the vehicle if available.
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If the Commissioner is satisfied that each person who has an interest in an impounded vehicle has, in accordance with subsection (4), consented to the Commissioner doing so, the Commissioner, on behalf of those persons, may sell or otherwise dispose of the vehicle.

WA Police can dispose of an impounded vehicle before the scheduled release date if the registered owner completes an 80JA application.

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 is an outline of the type of information required to progress your application.

Information:

  • Complete the 80JA application form.
  • Have your signature witnessed (list available on the last page of your application form).
  • Your signature must not be witnessed by a staff member from WA Police (conflict of interest).
  • If you require property from within the vehicle please complete a Property Release form.

The storage costs will cease when WA Police receive your completed application form. The driver of the vehicle will be invoiced for any outstanding towage and storage costs associated with the impounding of your vehicle.

ALTHOUGH POLICE OFFICERS AND PUBLIC SERVICE STAFF WORKING FOR WA POLICE ARE ORDINARILY AUTHORISED TO WITNESS A STATUTORY DECLARATION, IT IS WA POLICE POLICY THAT NEITHER POLICE OFFICERS NOR POLICE STAFF WILL WITNESS A STATUTORY DECLARATION FOR APPLICATIONS UNDER SECTION 80JA OF THE ROAD TRAFFIC ACT 1974, REQUESTING THE COMMISSIONER OF POLICE TO SELL A VEHICLE IMPOUNDED WITH CONSENT OF OWNER/S.

 

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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].

  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.

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

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.

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.

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.

Early release information can be found under Vehicle Impound Information.

  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.

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.

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:

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.

  • 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.

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.

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

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.

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

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.

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

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.

All vehicle impound forms can be found under Police Direct.

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.

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.

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.

  • 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.

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.

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.

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.

  • 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.

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

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.

  • 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.

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

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

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

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].

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.

  • 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.
  • 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.
  • 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.

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.

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.

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.

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).

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.

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.

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.

If WA Police believe you have ridden an unlicensed motor cycle on a designated road you will be issued with a Section 80P Surrender Notice, as the nominated person on the notice you must surrender the unlicensed motor cycle to the nominated location within the time frame stated on the notice. If you fail to surrender the motor cycle you will be subject to a $2500 fine for failure to surrender the motor bike.

80P. Surrender notice

  1. This section applies if —
    1. a police officer reasonably suspects, in relation to a motor cycle, that the motor cycle has been used in circumstances described in section 80O(1)(a) to (c); and
    2. it is impracticable for the police officer to impound the motor cycle under section 80O(2).
  2. The police officer may give, personally or by registered post, a notice (a surrender notice) 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.
  3. The surrender notice cannot be given more than 28 days after the day of the suspected use of the motor cycle.
  4. The surrender notice must be in an approved form and contain a statement to the effect that, because of the suspected use of the motor cycle, it is required to be surrendered to the Commissioner for impounding.
  5. The surrender notice must specify the following —
    1. sufficient details of the motor cycle to identify it;
    2. the time and place of the suspected use of the motor cycle;
    3. sufficient other details of the suspected use to identify the grounds for giving the notice;
    4. if known, the name of the driver of the motor cycle during its suspected use;
    5. the place at which, and the time of day during which, the motor cycle and its keys are required to be surrendered under this Subdivision;
    6. the last day on or before which the motor cycle and its keys are required to be surrendered, being the 7th day after the day the surrender notice has been given.
  6. The surrender 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 80Q(1) and (2), 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.
Email: Email us
Address: PO Box 106
Belmont WA 6984
Office hours: 07.00am to 03.00pm
Monday to Friday
Telephone
Direct line:
08 9373 2440
Early release: 08 9373 2422
Payment plans: 08 9373 2421
Surrender notice: 08 9373 2424
Encumbered vehicles: 08 9373 2490

A Senior Officer working within the Property Management Division may authorise an impounded vehicle to be released prior to the expiration of the impounding period if the owner of the vehicle involved provides sufficient justification of the existence of “exceptional hardship”.

The burden of proof of exceptional hardship rest with the applicant and is a legislative requirement not a police requirement. A senior Officer will conduct an appreciation of the application to ensure a fair and just process has been undertaken. The officer’s determination is based on all of the circumstances presented and if those circumstances are considered to have met the requirements of the legislation.

An Early Release of an Impounded Vehicle application received at the Vehicle Impound Unit will be processed, unless exceptional circumstances exist, within two (2) working days of receipt of the application. See Vehicle Impound forms.

Information to consider when applying for an early release

The application must include as much information as possible to substantiate the applicant’s claim of exceptional hardship.

Some examples of what is not exceptional hardship is

  • “I need the car for work”
  • ”I need to visit the Doctor or go to the hospital.”
  • “I need the car to travel to school or university”
  • “I’ll lose my job”
  • “It’s my boss's car and if he finds out he will sack me”

Some examples of what may constitute exceptional hardship is

  • “I need my car for work, to assist you I have attached a letter from my employer stating I need the vehicle to undertake my job”. It is specially modified and another vehicle cannot be used. I have attached some photographs of the vehicle to show the modifications.
  • “I’ll lose my job as I am a plumber and need to use my vehicle for work. It carries my tools and specialist equipment”. I have attached a photograph of the vehicle and the tools and a letter from my employer to assist you in your determination.
  • “I am a shift worker, to assist you I have attached a copy of my shift hours and a letter from my employer” this proves I am unable to use public transport and without a vehicle I will loose my job.
  • “I have a medical condition, to assist you I have attached a letter from my Doctor or information from the hospital regarding my condition” this will allow the Senior Officer to make a fair assessment of your condition.

Access to other vehicles.

If another licenced vehicle could be accessed and used by the applicant during the impound period the application will be rejected. Some examples are

  • Another vehicle is registered to the applicant’s or
  • Another vehicle is registered to the applicant’s business or
  • Another vehicle is registered to the applicants spouse or partner.

The application will be rejected unless the application includes proof as to why another other vehicle accessible to the applicant could not be utilised by the applicant. Some examples of the proof to be included on the application is

  • Mechanic’s report stating that the other vehicle is not in a working order
  • Disposal slip from a scrap metal company that the vehicle has been disposed of
  • The other vehicle is not modified or suitable for the purpose of the applicants business or intended use.
  • The other vehicle is un-road worthy or unlicensed.

Substitute vehicles

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.

Owner not the Driver

  • “I am the owner of the car but not the driver” or
  • “I loaned the car to someone who loaned it to someone else”

An application made on this basis will be rejected as Section 79 (d) (6) of the Road Traffic Act 1974 deems the owner of the vehicle fully responsible for what happens to it.

Financial hardship

Financial hardship due to the vehicle’s impound is taken into consideration but WA Police are unable to reduce costs.

  • A payment plan is available at the expiry of the 28 day impound period but cannot be used in conjunction with early release.
  • For low value vehicles, it is worth considering completing an 80JA form giving the Commissioner of Police authority to dispose of the vehicle on your behalf. On receipt of an 80JA form all further storage costs cease.

The Process

If you have considered all of the information provided and have formed the opinion that your circumstances could be considered as Exceptional Hardship you should complete the form provided. You should attach all and any documentation that supports your application and forward it to the VIU.

On receipt of an Application the Vehicle Impound Unit will use all of the resources available to investigate your application. Be assured we will check your criminal driving history and who owns what vehicles within your household or business. We will if considered necessary contact all or any of the people or businesses nominated by you in your application that supports your application. This includes but is not limited to Doctors, vehicle owners, wives, husbands, friends, relatives and associates. You should assume we will do the following

  • Confirm the owner is the applicant for the early release
  • Confirm that the owner, partner, spouse or relative or company has no other vehicles registered.
  • Confirm that all documents applicable to the application are attached, Some examples may be but are not limited to:
    • Letter from the applicants Doctor
    • Medical appointment information
    • Hospital discharge information
    • Work rosters
    • Letter from the applicants employer
  • Review the data to establish if the vehicle or driver was the subject of previous impounds
  • Review the availability of Public Transport in the vicinity of the applicants home
  • Review the time and distance from home to school or work
  • Investigate all reasons given on the application and find possible solutions
  • Complete the application and seek the adjudication of the senior officer

If our inquiries determine that the circumstances described in the application are not as stated, your application will be rejected.

Note: Photo identification must be included in the 100 points.

Note: A vehicle will not be released unless photo identification is supplied, if you are unable to produce photo ID you must attend your local Police station for a stamped release form.

The documents below can be used for the 100 points of identification.

70 Points

Only one of the following may be claimed:

  • Birth Certificate
  • Birth Card issued by a Registry of Births, Deaths and Marriages
  • Citizenship Certificate
  • Current Passport

Secondary Documents

40 Points

  • Any of the following, which must contain a photograph and a name. Additional documents from this category are awarded 25 points.
  • Driver licence issued by an Australian State or Territory
  • Licence or permit issued under a law of the Commonwealth, a State or Territory Government - (e.g. a boat licence)
  • Identification card issued to a public employee
  • Identification card issued by the Commonwealth, a State or Territory Government as evidence of the person's entitlement to a financial benefit
  • An identification card issued to a student at a tertiary education institution

35 Points

  • Name and address of signatory verified from any of the following:
  • A mortgage or other instrument of security held by another financial body
  • Must have name and address on:
  • A mortgage or other instrument of security held by a financial body
  • Local government (council) land tax or rates notice
  • Document from your current employer or previous employer within the last 2 years
  • Land Titles Office record

25 Points

  • Must have name and signature on:
  • Marriage Certificate (for maiden name only)
  • Credit Card
  • Foreign Driver Licence
  • Medicare Card (signature not required on Medicare Card)
  • Membership to a Registered Club
  • NRMA Membership
  • EFTPOS Card
  • Must have name and address on:
  • Electoral roll compiled by the Australian Electoral Commission and available for public scrutiny
  • Records of a public utility - phone, water, gas or electricity bill
  • Records of a financial institution
  • Lease/rent agreement
  • Rent receipt from a licensed real estate agent

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)

  • s.60 Driving in a reckless manner
  • s.60A Driving at a reckless speed; and
  • s.62A Causing excessive noise or smoke

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.

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:

 

Based on previous
convictions or charges
1st offence 2nd or subsequent
offence
Impounding Offence
(driving)
Charges 28 days 3 months
Impounding Offence
(driver’s licence)
Convictions 28 days 28 days

Court ordered impoundment or confiscation

Upon conviction of a qualifying impounding offence, police may make application to the court, depending on the offence type and number of convictions, for the court to order an impoundment period or confiscation order. In relation to offence types that already attract a roadside impoundment, this is in addition to the period already served. The following table identifies when a court application may apply and the penalty associated with it:

1st conviction 2nd or subsequent conviction 3rd or subsequent conviction
Impounding Offence
(driving)
N/A N/A Confiscation order must be granted
unless hardship applies to a person
other than the driver or alternatively
6 months impoundment
Impounding Offence
(driver’s licence)
N/A 3 months impoundment 6 months impoundment or confiscation
order may apply
Road rage 6 months impoundment
or confiscation order may apply
6 months impoundment
or confiscation order may apply
6 months impoundment or confiscation
may apply

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