sec.74AImpounding motor vehicles for second or subsequent type 1 vehicle related offence

### sec.74A Impounding motor vehicles for second or subsequent type 1 vehicle related offence A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and— the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period. For when a person is charged with an offence, see section 71 . For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A . A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued. This section applies subject to division 2 . Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles. s 74A ins 2013 No. 15 s 15 (sec.74A-ssec.1) A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and— the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period. For when a person is charged with an offence, see section 71 . For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A . (sec.74A-ssec.2) A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued. (sec.74A-ssec.3) This section applies subject to division 2 . Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles. - (a) the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or - (b) the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period. - 1 For when a person is charged with an offence, see section 71 . - 2 For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .