sec.74DImpounding motor vehicles for third or subsequent type 2 vehicle related offence

### sec.74D Impounding motor vehicles for third or subsequent type 2 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 2 vehicle related offence and— the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or the driver of the motor vehicle— has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment. 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 may be impounded under subsection (1) for the prescribed impoundment period. 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. The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days. s 74D ins 2013 No. 15 s 16 (sec.74D-ssec.1) A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence and— the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or the driver of the motor vehicle— has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment. 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.74D-ssec.2) A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period. 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.74D-ssec.3) The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days. - (a) the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or - (b) the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or - (c) the driver of the motor vehicle— (i) has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and (ii) has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment. - (i) has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and - (ii) has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment. - (i) has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and - (ii) has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment. - 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 .