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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Rights of appeal

110: Appeal against refusal of Police to direct release of impounded vehicle

You could also call this:

"Appealing to Court About Your Impounded Vehicle"

Illustration for Land Transport Act 1998

You can appeal to the District Court if the Police refuse to release your impounded vehicle. You must appeal on grounds set out in section 102 of the Land Transport Act 1998. The court will decide your appeal based on these grounds. You can also appeal if you missed the deadline to lodge an appeal under section 102. An enforcement officer must agree to this in writing, and they will only agree if there are exceptional circumstances. The court can make an order to release your vehicle or dismiss your appeal. The court's order has the same effect as if an enforcement officer made the decision under section 102. If an enforcement officer gave a direction about your vehicle under section 96, the court can cancel this direction. But the court will only do this if your vehicle complies with the regulations and rules.

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Part 8Mitigation of penalties and rights of appeal
Rights of appeal

110Appeal against refusal of Police to direct release of impounded vehicle

  1. A person who unsuccessfully appeals to an enforcement officer under section 102 may, on any grounds set out in subsection (1) of that section, appeal to the District Court against the decision under that section.

  2. If a person fails to lodge an appeal under section 102 within the time specified, the person may, if an enforcement officer agrees, appeal to the District Court.

  3. An enforcement officer may agree in writing to an appeal under subsection (1A) if the enforcement officer is satisfied that there are exceptional circumstances that prevented the filing of the appeal within the time specified under section 102(2).

  4. The court must determine the appeal on 1 or more of the applicable grounds set out in subsection (1) or subsection (5) of section 102 and may not consider any other grounds.

  5. The court may—

  6. make an order—
    1. directing that the vehicle be released immediately to the person, in which case that direction has effect as if it had been made under section 102 by the authorised enforcement officer; and
      1. if an enforcement officer has given a direction in respect of the vehicle under section 96(1B), cancelling that direction unless the court is satisfied that the vehicle does not comply with the provisions of the regulations or the rules; or
      2. dismiss the appeal.

        Notes
        • Section 110(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 110(1A): inserted, on , by section 28 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
        • Section 110(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 110(1B): inserted, on , by section 28 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
        • Section 110(2): amended, on , by section 10(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
        • Section 110(3): substituted, on , by section 10(2) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).