Part 7
Disqualification, demerit points, licence suspension, and vehicle impoundment
Impoundment of vehicles
96AABImpoundment of motor vehicle for failure to give information about offence of failing to stop, etc
This section applies if a vehicle—
- is involved in the commission of an offence against section 52A(1)(a) or (b); and
- has not been seized and impounded under section 96AAA.
An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—
- either—
- the driver of the vehicle failed or refused to provide information or provided false or misleading information in response to a demand for information made by the officer under section 114(3)(b) (see section 52A(1)(c) for the offence); or
- the registered person for, or the hirer of, the motor vehicle, 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
- the driver of the vehicle failed or refused to provide information or provided false or misleading information in response to a demand for information made by the officer under section 114(3)(b) (see section 52A(1)(c) for the offence); or
- impounding the vehicle is necessary to prevent a serious threat to road safety.
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:
- section 96(2) to (4A), (7), and (8):
- section 97:
- section 98.
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 (6) if the Police have decided not to take any of the following proceedings (or if proceedings have been taken and the person against whom they are taken is acquitted):
- proceedings against the driver for a matter referred to in subsection (2)(a)(i):
- proceedings against the registered person or hirer for a matter referred to in subsection (2)(a)(ii).
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 (6) if—
- the driver has given the information demanded under section 114(3)(b); or
- the registered person or hirer has given the information requested under section 118(4).
For the purposes of subsections (4) and (5), the relevant person is,—
- if the vehicle is registered,—
- the hirer (if any) of the vehicle; or
- otherwise, the registered person for the vehicle; or
- the hirer (if any) of the vehicle; or
- if the vehicle is not registered, a person who the enforcement officer is satisfied is the owner of the vehicle.
Notes
- Section 96AAB: inserted, on , by section 13 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).