DID YOU KNOW? – Impoundment Legislation
In November 2013, Queensland Parliament amended the law that permits Police to seize and impound vehicles alleged to have been used to commit certain traffic offences. There is now much greater scope for your vehicle to be impounded if you are alleged to have committed a traffic offence – even for your first offence.
You should be aware that if you commit two or more offences of High Range Speeding (40km/hr over the limit), High Range Drink Driving, or even Unlicenced Driving (amongst other offences) within 5 years of one another, your vehicle will be immediately impounded by Police for 7 days. This increases to 90 days for the third offence, and on the 4th offence, your vehicle will be forfeited to the State.
The position is even more severe for persons who commit even one offence of Dangerous Operation of a Vehicle, Driving without Due Care & Attention, Racing, or Wilfully Creating Unnecessary Noise or Smoke, as if commited in circumstances that involve speed trials, racing, or burn outs, you will lose your vehicle for 90 days for your first offence, and will lose it permanently on your second. This also applies to persons who fail to stop when Police attempt to intercept their vehicle – which can occur even if you try to avoid pulling over for an RBT.
If these new laws have or could affect you, the consequences for you can be severe. Gold Coast Traffic Lawyer can provide you with detailed advice on your rights in relation to vehicle impoundments, including applying to have your vehicle released. For further information or to discuss how we can assist you, telephone (07) 5527 0020 or email info@gctrafficlawyer.com.au.
Written by Sam Jackson, Senior Associate Lawyer, Gold Coast Traffic Lawyer / Bamberry Lawyers