Vehicle Impounding and Impoundment is not new and has been around for almost 10 years now. Impoundment since 2008 applies to a lot of offences known as type 2 vehicle related offences and includes:
The first time a person is caught they don't lose their vehicle but if caught a second time within 3 years, you will lose it for 48 hours. You will also receive a Notice to Appear in Court and if there is a type 2 offence, on top of any other sentence or punishment the Court imposes (such as fine, licence disqualification, community service or imprisonment), they can also order forfeiture of your vehicle for 3 months or forfeited altogether or alternatively, order community service.
It doesn't matter if you as the driver are not the owner of the vehicle. The vehicle will still be impounded for 48 hours and you are responsible for paying the fees associated with the impounding. When going to court, the Court may in the alternative to impounding or foreiting the vehicle, order you to undertake community service rather than impound another persons vehicle.
The vehicle won't be impounded if it was stolen. Also, as the owner of the vehicle, you are entitled to be present and heard at any forfeiture or impounding application. The owner of the vehicle generally will be the only person who can collect their car from the tow company. That being said, they can recover the costs of impounding from the driver.
If you have been charged with an offence and this includes the vehicle being impounded or there is an application, or if you own a vehicle that is going to be impounded or subject to forfeiture, call us to discuss your options.
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311