96AAAImpoundment of motor vehicle used in offence of failing to stop, etc

1. An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 6 months if the officer believes on reasonable grounds that—

2. the person driving the vehicle has failed to stop (or remain stopped) as signalled, requested, or required under section 114 (see section 52A(1)(a) and (b) for the offence); and
3. the vehicle—
   1. is not a stolen vehicle; and
   2. has not been converted; and
   3. is not a write-off; and
   4. has not suffered severe damage.

4. If an enforcement officer seizes and impounds, or seizes and authorises the impoundment of, a vehicle under this section, the following provisions apply, with any necessary modifications, as if the vehicle were seized and impounded under section 96:

5. section 96(2) to (4A), (7), and (8):
6. section 97:
7. section 98.

8. A vehicle to which this section applies and a notice under section 96(2) relates must be released to the relevant person specified in subsection (5) if—

9. the Police have decided not to take any of the following proceedings (or proceedings have been taken and the person against whom they are taken is acquitted):
   1. proceedings against the driver who failed to stop (or remain stopped) (see section 52A(1)(a) or (b) for the offence):
   2. proceedings against the registered person for, or hirer of, the motor vehicle who, without reasonable excuse, failed or refused to provide information or provided false or misleading information in response to a request under section 118(4) (see section 52(6) for the offence); and
10. the vehicle has not been—
    1. released; or
    2. seized under the Summary Proceedings Act 1957; or
    3. confiscated under the Sentencing Act 2002.

11. A vehicle to which this section applies and a notice under section 96(2) relates may be released to the relevant person specified in subsection (5) if that person—

12. was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
13. has provided the information requested under section 118(4).

14. For the purposes of subsections (3) and (4), the relevant person is,—

15. if the vehicle is registered,—
    1. the hirer (if any) of the vehicle; or
    2. otherwise, the registered person for the vehicle; or
16. if the vehicle is not registered, a person who the enforcement officer is satisfied is the owner of the vehicle.