Queensland Vehicle Impoundment Questions and Answers
Is vehicle impoundment new?
No. Vehicle impoundment has been in place in Queensland since 2002, when it was introduced for “hoon” offences such as burnouts and street racing. Vehicle impoundment laws for an expanded range of offences have been trialled in some parts of Queensland since 2007, and are now being expanded state wide.
What does the legislation cover?
From 1 July 2008, impoundment will apply for repeat “type 2 vehicle related offences” committed anywhere in Queensland. The targeted offences include:
• Driving a vehicle that is both unregistered and uninsured (registration expired by more than 30 days);
• Driving while unlicensed or disqualified;
• Drink driving at 0.15% or more;
• Failing to supply a specimen of breath or blood, or driving whilst under 24 hour suspension; and
• Driving an illegally modified vehicle.
Why were these offences included?
Research shows that the targeted offences (see “What does the legislation cover?”) were indicated in 27.5% of road deaths in 2005-2006. Introducing tougher penalties is part of the Queensland Government’s commitment to lowering the road toll.
What about offences committed before 1 July 2008?
Vehicles can only be impounded for offences that were committed in an area where the legislation was operating at the time of the offence. Offences will count if they were committed:
• In the Southern police region on or after 1 July 2007; and/or
• In the North Coast police region on or after 1 July 2007; and/or
• In the South Eastern police region on or after 30 November 2007; and/or
• In the rest of Queensland, on or after 1 July 2008.
Will I lose my vehicle immediately?
The first time you are caught, no impoundment will apply but you may have to appear in court. This will be your “zero” offence. If you commit a similar offence within the next 36 months, you will immediately lose your vehicle for a minimum of 48 hours (the initial impoundment period). This is your first repeat offence.
What further sanctions will apply?
Any “type 2 vehicle related offence” may result in a notice to appear in court. If the magistrate finds you guilty of the offence, he or she will impose an appropriate penalty, which may include a fine, community service or a gaol term.
In addition to this penalty, the vehicle being driven may be impounded for up to three months or forfeited altogether, or you may be ordered to perform community service. This can occur if you are found guilty of three or more offences within the same category within three years.
What if I (the driver) don’t own the car?
Vehicle impoundment laws apply to the driver committing the offence, no matter what vehicle was being driven at the time of the offence. Even if you don’t own the car you are driving, police can impound it for 48 hours and you, as the driver, will be responsible for the cost of this impoundment. In the case of a three month impoundment or forfeiture, the magistrate may order you to perform community service instead of impounding the vehicle.
What if I (the owner) wasn’t driving the car?
As the owner of the vehicle, it is your responsibility to ensure your vehicle is roadworthy and that those who drive it are licensed and drive safely. This means that, even if you were not the driver that committed the offence, the vehicle can still be impounded for 48 hours. The only exception is where the vehicle was stolen, in which case it will be returned to the owner as soon as practicable.
In cases where an application is made for a 3 month impoundment order or a forfeiture order, you may attend the impoundment hearing and defend the application.
What if I’m from out of town?
Vehicle impoundment laws apply to drivers who commit relevant offences anywhere in Queensland, regardless of where they live. You may need to make alternative arrangements to enable you to collect your vehicle at the end of the impoundment period.
Who pays the cost of impoundment?
Whilst the driver is responsible for the costs of initial impoundment, only the owner can generally collect the vehicle from the towing company. The towing company can hold the vehicle until the cost of the tow is paid. If the owner pays these costs on behalf of the driver, the owner is entitled to recover these costs from the driver.