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ROAD SAFETY ACT 1986 - SECT 84W

Notice of application

    (1)     If the Chief Commissioner of Police intends to make an application under section 84U(1), or under both sections 84U(1) and 84V(1), he or she must, at least 28 days before making the application, serve notice of the intended application on—

        (a)     the driver; and

        (b)     the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and

S. 84W(1)(c) amended by Nos 81/2006 s. 36(1), 68/2017 s. 36(a).

        (c)     any person who the Chief Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought.

S. 84W(1)(d) inserted by No. 81/2006 s. 36(2), repealed by No. 68/2017 s. 36(b).

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Note

See section 93 for how a notice may be served.

    (2)     A notice under subsection (1) must specify the motor vehicle in respect of which an order is to be sought.

    (3)     A notice served under subsection (1) must state—

        (a)     that if the driver is found guilty of a relevant offence, an application for an impoundment or immobilisation order or a forfeiture order will be made by the Chief Commissioner of Police in respect of the motor vehicle specified in the notice; and

        (b)     the registration number of that motor vehicle; and

        (c)     that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and

        (d)     that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court.

    (4)     If a notice has been served under subsection (1) in respect of the motor vehicle used in the commission of the relevant offence, a notice in respect of a substituted motor vehicle may only be served under this section if the original notice has been withdrawn.

S. 84WA inserted by No. 32/2011 s. 14.



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