Disposal and surrender of vehicles – new law

Date : 18 Jun 2009

Current penalties for hoon driving or improper use of vehicles

Under hoon driving laws a vehicle may be immobilised or impounded for 48 hours if it has been involved in a hoon driving offence.

If a person is caught a second time, a court may order that their vehicle be impounded for up to three months.

If a person is caught on three or more occasions, a court may order that their vehicle may be confiscated permanently.

New court powers for disposal of vehicles

A court may now make a disposal order if a vehicle has been impounded and the driver or owner fails to:

  • pay the cost of storage
  • collect the vehicle two months after the vehicle is allowed to be collected
  • attend court in relation to a ‘hoon driving’ offence – a notice must be served on the driver and any other person who has an interest in the vehicle 28 days before a disposal order hearing.

New penalties if vehicle is not surrendered

It is now an offence to refuse or fail to surrender a vehicle if an order has been made by the court. The maximum penalty for failing to surrender a vehicle is 60 penalty units.

Uncollected goods

Police must not dispose of goods left inside or attached to a vehicle unless they have made  reasonable steps to locate the owner.

More information

Related pages

Penalty & fee units

Driving

Careless & dangerous driving

Related publications

Road to court

Fines

Related legislation

Road Legislation Amendment Act 2009 (new window)