New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 148I

148I Detention of keys or vehicles may be continued

(cf Road Transport (Safety and Traffic Management) Act 1999 , s 30)

(1) It is lawful for a police officer to retain any keys that are confiscated under section 148E or 148G, or for any motor vehicle to be immobilised or detained under either of those sections, until such time as--

(a) the return of the keys or the motor vehicle is requested by--

(i) in relation to a power exercised by a police officer under section 148E--any person, or

(ii) in relation to a power exercised by a police officer under section 148G--any person (other than the person referred to in section 148G(1)), and

(b) the police officer to whom the request is made--

(i) is satisfied that the person making the request is capable of exercising proper control of the motor vehicle, or

(ii) is informed by a medical practitioner (not being the person making the request) that the person making the request is not under the influence of alcohol or any other drug.

(2) However, the person making the request is entitled to possession of the keys or motor vehicle concerned only if the police officer is satisfied that the person is entitled to lawful possession of the motor vehicle.

(3) If the keys or motor vehicle are not returned within 24 hours after such a request is made, the person may apply to the Local Court for an order for the keys or motor vehicle to be returned to the person.