Why was my unlicensed motor cycle impounded?
If an unlicensed motor cycle is ridden on a designated road then it will be subject to being seized under Section 80O of the Road Traffic Act. A designated road is the area between property lines and includes any footpaths and the verge area. Please refer to Section 80N Terms Used for further information.
80O. Police power to impound unlicensed motor cycle used on road
- This section applies if a police officer reasonably suspects that —
- a motor cycle is being used on a road; and
- the use constitutes an offence under the Road Traffic (Vehicles) Act 2012 section 4(2); and
- the motor cycle was not, at any time during the period of 2 years immediately before the day of the use —
- licensed under the Road Traffic (Vehicles) Act 2012; or
- the subject of a permit, or number plates, issued under the Road Traffic (Vehicles) Act 2012 section 13.
- The police officer may seize and impound the motor cycle within a period of 28 days after the day of its suspected use.
- The Commissioner is to ensure that, as soon as practicable after a motor cycle is impounded under subsection (2), notice of the impounding is given to —
- a responsible person for the motor cycle; and
- if that person has not reached the age of 18 years, a responsible adult, as defined in the Young Offenders Act 1994, for the person.
- The notice must be in an approved form and specify the following —
- the time when the motor cycle was impounded;
- the address of the place where the motor cycle is stored;
- sufficient details of the motor cycle to identify it;
- the time and place of the suspected use of the motor cycle;
- sufficient other details of the suspected use to identify the grounds for giving the notice;
- if known, the name of the driver of the motor cycle during its suspected use.
- The notice must also include the following —
- a statement to the effect that this Subdivision contains law about the notice and the impounding of the motor cycle;
- a statement as to the effect of sections 80S, 80T and 80U;
- a statement as to the effect that if the motor cycle is confiscated under section 80T, it may be disposed of under section 80V;
- a statement as to the effect of section 80W.