How can I get my unlicensed motor cycle returned?

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

80S. Claims of right to possession

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

      and

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

80T. Confiscation

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

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