], 2.  At the end of the period, and upon payment of the fee, the registrar shall authorize the release of the vehicle and authorize the issuance of new license plates and a new certificate of registration, if necessary. The immobilization order from the court shall indicate the following: The immobilization period begins on the day on which the vehicle is immobilized. Orders were made in the Christchurch High Court on 1 December 2003, for the forfeiture of the following motor vehicles: 1984 Mazda 323, Registration No. 110km/hr zone. Prior to the issuance of the order, a family or household member of the offender files a motion identifying the vehicle and requesting that the order not be issued on the ground that the family or household member is completely dependent on the vehicle for necessities of life and that immobilization would be an undue hardship to the family or household member; and. 1994 Toyota RAV4, Registration No. The grounds to express Exceptional Hardship must be done by your lawyer in court before a Magistrate. 4. Drinking and Taking Drugs While in Charge of a Vehicle See R.C.§4503.233(B). The content of the Queensland Law Handbook does not constitute legal advice, and if you have a specific legal problem, you should consult a professional legal advisor. Such an order is deemed to be a fine option order (s 102(3) PPR Act), and as such the driver would need to give consent before the order can be made (s 55 Penalties and Sentences Act 1992 (Qld)). vehicle exceeding speed limit by 35km/hr or more, where the speed is R.C. Unlicensed Driving of a Vehicle With respect we strive to achieve justice and inclusion for Aboriginal and Torres Strait Islander peoples. The statutory provisions that the court must impose in a second or subsequent OVI case include: After the conviction, the OVI offender must pay a $100 immobilization fee. the Court may order that the vehicle used in the offence be forfeited. §4503.234. §4503.233(D)(1). Section 84T – Forfeiture order What if my car was used by a friend or family member to commit an offence without my knowledge? Making Unnecessary Noise or Smoke while Operating a Vehicle The seized motor vehicle while the motor vehicle is subject to forfeiture, or the forfeited motor vehicle after the forfeiture hearing, had not previously been released to the lienholder as a result of a prior seizure involving the same defendant or motor vehicle owner. AAK153. there were no reasonable grounds to impound/immobilise the vehicle. When can a court make an order for a vehicle to be forfeited? If the car is registered in someone else’s name, will they be contacted? Under section 8(2a) the Police Commissioner can order the release of a motor vehicle if it can be established that severe financial or physical hardship will be suffered by someone other than the offender if the vehicle remains impounded. §4503.233(D)(5). Will I have the opportunity to explain how the order will affect me? S. 84T(1) substituted by No. Vehicle Impoundment and Forfeiture Due to Traffic Offences 76/2010 s. 17(1), amended by No. R.C. This article was last updated on Monday, November 16, 2015. Nominating Another Driver Police must give written notice of the impoundment to the driver and to the owner, if the driver is not the owner (s 78 PPR Act). the offence in respect of which an application for forfeiture has been made). §4503.233, and the order shall be in effect for the remaining period of time for which the order otherwise would have been in effect; and, The conduct of the family or household member is in violation of R.C. R.C. Section 84S – Impoundment or immobilisation order If the vehicle is not claimed within seven days after the end of the immobilization period, or if the offender has not paid the fee, the person or agency that immobilized the vehicle shall send a written notice to the offender at his/her last known address advising that the immobilization period has ended, that the offender has twenty days to pay the fee and obtain the vehicle, and that is the offender does not pay the fee and obtain the vehicle, it will be forfeited under R.C. Where a notice is served under this section, the owner must not sell or otherwise dispose of the motor vehicle. As per Section 84(O)(3a) take note that if a person’s licence is disqualified or suspended for a time length longer than the immobilisation or impoundment period, a Magistrate is TO NOT take into account any exceptional hardship provisions that it may cause the person. 13) went into effect and now favors vehicle owners. Under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA) police can clamp, impound, seize and order the forfeiture of motor vehicles used by persons who have committed the following (prescribed) offences: Causing death or harm by dangerous use of a motor vehicle [ Criminal Law Consolidation Act 1935 (SA) s 19A] (f) second or subsequent offence against s 64(1) – dangerous driving Meanwhile, the Chairman of the Lagos State Environment and Special Offences (Enforcement) Unit (Taskforce), CSP Olayinka Egbeyemi confirmed that out of 160 arraigned traffic offenders, including those apprehended for driving against traffic (One-way) only 74 had so far appeared before the court. Â. R.C.§4503.234(D)(3). How long will my vehicle remain impounded? (d) an offence against s 65A(1) – improper use which causes loss of The place where the immobilization shall be carried out, which shall be either: A place owned by a law enforcement or other government agency; A commercially operated private storage lot; or. The family or household member is required to display restricted plates on the vehicle under R.C. The Court made the (f) an offence against s 68B – deliberately or recklessly entering a (a) a tier 1 relevant offence; or §4503.233(E)(1). (d) second or subsequent offence against s 49(1)(bb)(h) or (i) – driving under influence of drugs If the owner assigns the vehicle to a salvage dealer or scrap metal processing facility, the person or entity shall send he assigned certificate of title to the clerk of court of common pleas of the county in which the salvage dealer or scrap facility is located. Further, the conduct of the offender in operating the vehicle constitutes a 1st degree misdemeanor in violation of R.C. Instead of making a final order for impoundment or forfeiture, the court may order the driver to perform up to 240 hours of unpaid community service. The Revisor's Office cannot provide legal advice or