Vehicle Forfeiture & Impoundment Lawyer Melbourne
Christopher Sheen is a Melbourne-based traffic lawyer who provides legal support for those facing vehicle forfeiture, seizure, or impoundment.
What is a Relevant offence for vehicle forfeiture or impoundment?
The term ‘relevant offence' is defined in the Act and involves a range of different offences which include the following more common examples:
• Unlicensed Driving where you have not held a licence for a specified period in the past;
• Driving while suspended or disqualified;
• Drink driving offences where the reading is .10 or higher or a lower reading if you are subject to a zero BAC condition;
• Breaching an alcohol interlock condition;
• Dangerous driving involving an improper use of a motor vehicle or where the speed is 45km over the limit or 35km over in a 110 kph zone;
• Driving when directed to stop;
• Improper use of a motor vehicle;
• Racing on a highway;
• Dangerous driving while being pursued by police;
• Offences involving placing emergency workers at risk by driving;
• Drug driving offences;
• Certain breaches of the road rules involving an excessive number of passengers
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Seizure of a Vehicle Used in a relevant offence (section 84F Road Safety Act 1986)
Police have broad powers to search for and to seize a vehicle which they believe on reasonable grounds was used in the commission of a ‘relevant offence.’ They may impound the vehicle for 30 days
Impoundment or Immobilisation Order (s.84S Road Safety Act 1986)
In circumstances where, pursuant to section 84S of the Road Safety Act 1986 (Vic), you have been found guilty of a relevant offence and within the 6 years proceeding the commission of the relevant offence you have committed another relevant offence then the court must order that the vehicle be:
• impounded or immobilised for 45 days or
• impounded or immobilised for any longer period, not exceeding 3 months in total (including any period of impoundment/immobilisation during the designated period or
• if section 84T of the Act applies, forfeit the vehicle.
Pursuant to section 84Z, The court may be persuaded not to take this course of action in circumstances where the owner was not aware the vehicle was used In the commission of the offence or in circumstances of exceptional hardship as is explained further in this document.
Forfeiture Order (s.84T Road Safety Act 1986)
If you are found guilty of a relevant offence and within the period of 6 years proceeding the commission of that offence you have committed 2 or more relevant offences the court may order that the motor vehicle used in the commission of the offence be forfeited to the Crown.
The court must make an order for impoundment or immobilisation if it refuses to make an order for forfeiture. However the court may decide not to if section 84Z applies.
It is an offence not to surrender the motor vehicle if a court order is made and can result in a significant fine.
Substituted Vehicle
If you are not the registered operator of the subject vehicle used in the commission of the relevant offence the court can make an order against a substituted vehicle.
Defending an order for impoundment of immobilisation
Defending a section 84F Impoundment
In relation to a police decision to impound your vehicle after suspecting you have committed a relevant offence you or a person whose interests are substantially affected may appeal pursuant to section 84O of the Act. You may appeal on grounds of ‘exceptional hardship’ to the Magistrates Court after giving police 7 days written notice.
If the court is satisfied you or another would suffer exceptional hardship the court may overturn the police decision. If however your licence is either disqualified or otherwise suspended for a period longer than the impoundment then the court will not consider any hardship application.
If the hardship application is made on the basis of employment the court must be satisfied that the motor vehicle is essential, not just convenient, to your employment and that there is no other transport to your place of employment or other person available to drive you.
The court must consider public safety and interest. You will need to show you are not a danger to other road users by way of your driving history and personal circumstances.
Defending a section 84S or s84T Impoundment / Forfeiture
The court must not make an order for impoundment or forfeiture if the registered owner of the vehicle can prove to the court that he/she was not aware or consenting to the commission of the relevant offence.
Where section 84S applies court can not grant a hardship application if you are disqualified or suspended from driving for a period longer than 3 months. Where section 84T applies the court must not grant the hardship application if your driver licence is disqualified or suspended for any period.
If the court is satisfied you or another would suffer exceptional hardship the court may refuse to order impoundment or forfeiture. The offender or a person whose interests may be substantially affected will be heard by the court.
If the hardship application is made on the basis of employment the court must be satisfied that the motor vehicle is essential, not just convenient, to your employment and that there is no other transport to your place of employment or other person available to drive you.
The court must consider public safety and interest. You will need to show you are not a danger to other road users by way of your driving history and personal circumstances.
If the court declines to make an impoundment or forfeiture order the court may require the Applicant to give an undertaking that the vehicle will not be made available to the offender for a period of up to 3 months for an impoundment or immobilisation order or 3 months where the offender’s licence is disqualified or suspended for no more than 3 months or otherwise 12 months
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Get in touch today
To provide the most efficient and cost-effective traffic law service, consultations are done through Zoom or Microsoft teams. Meetings may be arranged on site at Owen Dixon East Chambers Melbourne for an additional fee.
Owen Dixon East Chambers Melbourne VIC 3000
0413 94 1990
Mon - Fri: 9:00 am – 5:00 pm
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