sec.118ASale of impounded motor vehicle if driver fails to appear

### sec.118A Sale of impounded motor vehicle if driver fails to appear This section applies in relation to a motor vehicle impounded under section 74A if— the motor vehicle is impounded until the end of proceedings under section 74A (2) ; and a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A (1) . This section also applies in relation to a motor vehicle impounded under section 74E if— the motor vehicle is impounded until the end of proceedings under section 74E (2) ; and a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) . On the warrant being issued the motor vehicle is taken to have been forfeited to the State. The commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate. Notice of the proposed sale or disposal must be published on the police service website. If the name and address of the owner of the motor vehicle is known— the commissioner must also give written notice of the proposed sale or disposal to the owner; and the owner’s name and address must not be published on the police service website. s 118A ins 2013 No. 15 s 70 amd 2014 No. 1 s 6 (sec.118A-ssec.1) This section applies in relation to a motor vehicle impounded under section 74A if— the motor vehicle is impounded until the end of proceedings under section 74A (2) ; and a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A (1) . (sec.118A-ssec.2) This section also applies in relation to a motor vehicle impounded under section 74E if— the motor vehicle is impounded until the end of proceedings under section 74E (2) ; and a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) . (sec.118A-ssec.3) On the warrant being issued the motor vehicle is taken to have been forfeited to the State. (sec.118A-ssec.4) The commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate. (sec.118A-ssec.5) Notice of the proposed sale or disposal must be published on the police service website. (sec.118A-ssec.6) If the name and address of the owner of the motor vehicle is known— the commissioner must also give written notice of the proposed sale or disposal to the owner; and the owner’s name and address must not be published on the police service website. - (a) the motor vehicle is impounded until the end of proceedings under section 74A (2) ; and - (b) a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A (1) . - (a) the motor vehicle is impounded until the end of proceedings under section 74E (2) ; and - (b) a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) . - (a) the commissioner must also give written notice of the proposed sale or disposal to the owner; and - (b) the owner’s name and address must not be published on the police service website.