Land Transport Act 1998

Motor vehicle registration and licensing - Change of registered person on sale or other disposition

253: Disposal of motor vehicle

You could also call this:

"What happens to a seized car if it's not picked up"

Illustration for Land Transport Act 1998

If a motor vehicle is seized and impounded under section 249 and not released within 10 working days, the storage provider can dispose of it. You need to know the storage provider must follow certain rules to do this. The rules depend on whether the storage provider is a local authority or not. If the storage provider is not a local authority, they must apply to an enforcement officer for approval to dispose of the motor vehicle. The officer will give written approval and set terms and conditions for the disposal. When approval is given, the storage provider becomes the owner of the motor vehicle. If the storage provider is a local authority, they can dispose of the motor vehicle under section 356A(7), (8), and (9) of the Local Government Act 1974. Before disposing of the motor vehicle, the storage provider must search the personal property securities register and notify every person with a security interest in the motor vehicle. A security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999.

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Part 17Motor vehicle registration and licensing
Change of registered person on sale or other disposition

253Disposal of motor vehicle

  1. This section applies to a motor vehicle seized and impounded under section 249 if the motor vehicle is not released within 10 working days of its impoundment.

  2. The storage provider with possession of the motor vehicle may dispose of the motor vehicle in accordance with subsection (3) or (5), as appropriate.

  3. A storage provider that is not a local authority may—

  4. apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of a motor vehicle under subsection (2); and
    1. with the enforcement officer’s written approval, dispose of the motor vehicle on such terms and conditions as the officer thinks fit.
      1. If approval is given under subsection (3) for the disposal of a motor vehicle, the storage provider becomes the owner of the motor vehicle for all purposes.

      2. A storage provider that is a local authority may dispose of a motor vehicle under subsection (2) in accordance with section 356A(7), (8), and (9) of the Local Government Act 1974.

      3. However, before disposing of a motor vehicle under subsection (3) or (5), a storage provider must—

      4. search the personal property securities register to identify every person with a security interest in the motor vehicle; and
        1. notify in writing every person with a security interest in the motor vehicle.
          1. For the purposes of subsection (6), security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999.

          Notes
          • Section 253: inserted, on , by section 32(7) of the Land Transport Amendment Act 2009 (2009 No 17).