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ROAD SAFETY ACT 1986 - SECT 84K

Notice of impoundment or immobilisation



S. 84K(1) amended by No. 37/2014 s. 10(Sch. item 147.35).

    (1)     As soon as is reasonably practicable after a motor vehicle is impounded or immobilised under this Division, a police officer must serve written notice of the impoundment or immobilisation on—

        (a)     the driver of the motor vehicle; and

S. 84K(1)(b) amended by No. 70/2016 s. 26(2)(a).

        (b)     if the driver is not the registered operator, the registered operator of the motor vehicle; and

S. 84K(1)(c) inserted by No. 70/2016 s. 26(2)(b).

        (c)     if the motor vehicle is a miniaturised motor cycle and the police officer is able to establish the identity of the owner of the motor vehicle, the owner.

    (2)     If the registered operator of the motor vehicle is not the owner or sole owner of the motor vehicle, the registered operator must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice served under subsection (1) on any owner of the motor vehicle.

Note

See section 93 for how a notice may be served.

S. 84K(3) inserted by No. 70/2016 s. 26(3).

    (3)     If a motor vehicle impounded under this Division is a miniaturised motor cycle and the Chief Commissioner of Police is unable to establish the identity of the owner, notice is taken to have been given under this section if a picture of the miniaturised motor cycle and information stating where it was impounded has been posted—

        (a)     on a website of the Victoria Police; or

        (b)     at the police station closest to where it was impounded.

S. 84K(4) inserted by No. 70/2016 s. 26(3).

    (4)     A picture of a miniaturised motorcycle posted under subsection (3) must include a statement that the miniaturised motor cycle has been impounded because it was ridden on a road or road related area in contravention of section 65C(1) and that the owner may be liable for that offence unless it was stolen or hired or was ridden without the knowledge or consent of the owner.

S. 84L inserted by No. 93/2005 s. 4.



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