Why was my vehicle disposed of or crushed?

Vehicles Traffic Impoundments

If an impounded vehicle is confiscated or left uncollected, the Commissioner has authority to dispose of that vehicle under Section 80J(2), 21 days after the expiration of the impoundment period.

80J. Sale of confiscated and uncollected vehicles and items

      (1)     In this section —

               confiscated vehicle means a vehicle that is confiscated under section 80A, as in force at any time, 80C(1) or 80CB(1);

               expenses means the reasonable expenses of the Commissioner;

               item means an item that was in or on a confiscated vehicle or an uncollected vehicle at the time when  —

                  (a)     the vehicle was impounded under Subdivision 2; or

                  (b)     the vehicle was surrendered; or

                  (c)     under section 78C, the vehicle was conveyed to a place for storage,

               as is relevant to the case;

               uncollected vehicle means a vehicle that was impounded under Subdivision 2 or on an impounding order and not collected within 7 days after the end of the impounding period.

      (2)     The Commissioner may sell or otherwise dispose of a confiscated vehicle, an uncollected vehicle or an item.

      (3)     The Commissioner is not to sell or otherwise dispose of a confiscated vehicle or an item unless any appeal against an impounding or confiscation order in respect of the vehicle is determined.

      (4)     The Commissioner is not to sell or otherwise dispose of an uncollected vehicle or an item unless —

                  (a)     each responsible person is given at least 14 days’ written notice of the Commissioner’s intention to sell or dispose of the vehicle or item; and

                  [(b)     deleted]

                  (c)     in the case of an item, reasonable steps have been taken to return the item to its owner; and

                  (d)     any proceedings under subsection (5) or (6) in relation to the vehicle or item and any appeal in respect of those proceedings are determined.

      (5)     The owner of an uncollected vehicle may apply to the Magistrates Court for an order that the sale or disposal of the vehicle under subsection (2) not take place until after such time as is specified in the order but no later than 3 months after the day of the order.

      (6)     The owner of an item may apply to the Magistrates Court for an order that the item be returned.
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