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What gets me about these new rules is the way in which they're to be applied. The type two offences allow for the option of immobilisation by confiscating the number plates (as if that's going to immobilise the car) as an alternative to tow and impound. In fact, the immobilisation is the preferred method, with police having to justify why they impound rather than immobilise.
Furthermore, Police can direct the driver/owner to move the car to a place ie drive a defective vehicle to a DoT inspection station for the purpose of having a DoT inspector go over the car with a fine tooth comb. Other offences apply for failing to comply with the direction.
What hasn't been advertised is that all impounds may be subject to appeal. That mean that regardless of whether your car is impounded for 7 days, 3 months, or forfeiture, you can appeal the action by contacting PoliceLink. The appeal must be reviewed by a nominated officer of at least Inspector rank who will make a determination whether to uphold the decision or reverse it. There are a number of grounds for appeal such as compassionate (i need it to take my partner for dialysis), or the car was used without the owners knowledge (my son took the car without my permission and he doesn't have a licence), and a few others. If you're still not happy with the decision, you can appeal it again and it goes to a magistrate. If that happens, the commissioned officer needs to go to Court and justify his decision. I expect that with the number of impounds Police do, there'll be a lot of rubber stamped responses to appeal, and i'd be surprised if they upheld the decision.
There's more to it, but we'll see what happens.
Mike
Furthermore, Police can direct the driver/owner to move the car to a place ie drive a defective vehicle to a DoT inspection station for the purpose of having a DoT inspector go over the car with a fine tooth comb. Other offences apply for failing to comply with the direction.
What hasn't been advertised is that all impounds may be subject to appeal. That mean that regardless of whether your car is impounded for 7 days, 3 months, or forfeiture, you can appeal the action by contacting PoliceLink. The appeal must be reviewed by a nominated officer of at least Inspector rank who will make a determination whether to uphold the decision or reverse it. There are a number of grounds for appeal such as compassionate (i need it to take my partner for dialysis), or the car was used without the owners knowledge (my son took the car without my permission and he doesn't have a licence), and a few others. If you're still not happy with the decision, you can appeal it again and it goes to a magistrate. If that happens, the commissioned officer needs to go to Court and justify his decision. I expect that with the number of impounds Police do, there'll be a lot of rubber stamped responses to appeal, and i'd be surprised if they upheld the decision.
There's more to it, but we'll see what happens.
Mike
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