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)

  • 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.

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