37QAPeriod of clamping or confiscation for evasion vehicle

### 37QA Period of clamping or confiscation for evasion vehicle > [*\[Section 37QA Inserted by No. 20 of 2017, s. 12, Applied:13 Sep 2017\]*](/view/html/inforce/2017-09-13/act-2017-020#GS12@EN) > > > (1)  This section applies if a police officer reasonably believes that a vehicle has been used in respect of [section 11A of the](/view/html/inforce/2026-04-12/act-2000-046#GS11A@EN) [Police Powers (Vehicle Interception) Act 2000](/view/html/inforce/2026-04-12/act-2000-046) (referred to in this section as ***the evasion offence***). > > > (2)  The vehicle used in connection with the evasion offence may be clamped or confiscated until the first of the following occurs: > > > > > > (a) the driver of the vehicle at the time of the evasion offence is identified; > > > > > > > (b) an application made under [section 37QB](#GS37QB@EN) in respect of the vehicle has been determined; > > > > > > > (c) a period of 9 months has elapsed since the vehicle was clamped or confiscated under this section and an application has not been made under [section 37QB](#GS37QB@EN) in respect of the vehicle. > > > (3)  If the driver of the vehicle at the time of the evasion offence has not been identified and a period of 6 months has elapsed since the vehicle was clamped or confiscated under this section, a police officer may apply to the Court for the vehicle to be forfeited to the Crown in accordance with [section 37QB](#GS37QB@EN) . > > > (4)  Nothing in this section prevents the operation of this Part in respect of a person or a vehicle if – > > > > > > (a) the person is the driver of the vehicle at the time of the evasion offence; and > > > > > > > (b) [section 37O](#GS37O@EN) , [37P](#GS37P@EN) or [37Q](#GS37Q@EN) applies in respect of the person and the evasion offence. > > > (5)  [Subdivisions 3](#HPIVA@HD2@Hd3@EN) and [5](#HPIVA@HD2@Hd5@EN) do not apply in respect of a vehicle to which this section applies.