sec.116Release of motor vehicle impounded or immobilised under this chapter

### sec.116 Release of motor vehicle impounded or immobilised under this chapter This section applies if— an impounding notice or immobilising notice under section 78 was given to a person; or an impounding notice under section 81 was given to a person. If the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard at which it is kept, including under an impounding order, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, and on payment of the costs, to recover the motor vehicle from the holding yard. Also, if the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, a place at which it is kept, the owner is entitled, when the period for which the motor vehicle is immobilised ends, and on payment of the costs, to recover the motor vehicle from the place. If, under section 111 (2) , the State is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard or place at which it is kept, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, or the period for which the motor vehicle is immobilised ends, to recover the motor vehicle from the holding yard or place, whether or not the State has paid the costs. At the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made and on payment of any costs for which the owner is liable as mentioned in subsection (2) or (2A) . In this section— business hours means 8a.m. to 5p.m. s 116 ins 2002 No. 33 s 6 sub 2005 No. 64 s 12 amd 2006 No. 26 s 23 ; 2006 No. 57 s 39 ; 2013 No. 15 s 67 (sec.116-ssec.1) This section applies if— an impounding notice or immobilising notice under section 78 was given to a person; or an impounding notice under section 81 was given to a person. (sec.116-ssec.2) If the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard at which it is kept, including under an impounding order, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, and on payment of the costs, to recover the motor vehicle from the holding yard. (sec.116-ssec.2A) Also, if the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, a place at which it is kept, the owner is entitled, when the period for which the motor vehicle is immobilised ends, and on payment of the costs, to recover the motor vehicle from the place. (sec.116-ssec.3) If, under section 111 (2) , the State is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard or place at which it is kept, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, or the period for which the motor vehicle is immobilised ends, to recover the motor vehicle from the holding yard or place, whether or not the State has paid the costs. (sec.116-ssec.4) At the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made and on payment of any costs for which the owner is liable as mentioned in subsection (2) or (2A) . (sec.116-ssec.5) In this section— business hours means 8a.m. to 5p.m. - (a) an impounding notice or immobilising notice under section 78 was given to a person; or - (b) an impounding notice under section 81 was given to a person.