sec.78Impounding notice or immobilising notice for vehicle related offence

### sec.78 Impounding notice or immobilising notice for vehicle related offence This section applies if a motor vehicle is impounded or immobilised for a vehicle related offence. As soon as reasonably practicable, a police officer must give written notice in the approved form ( impounding notice ) of the impounding, or written notice in the approved form ( immobilising notice ) of the immobilising, to— the driver of the motor vehicle; and if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle. If the driver is a child, the impounding notice or the immobilising notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2) . The impounding notice or the immobilising notice must state— the period that the motor vehicle is impounded or immobilised for; and information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and any other information prescribed under a regulation. When giving an impounding notice or immobilising notice under this section to a child or the child’s parent or guardian, the police officer giving the notice must also give the person an explanation of the matters stated in the impounding notice or immobilising notice. The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so. An impounding notice or immobilising notice given to a driver under subsection (2) (a) must be given personally to the driver. If the name of an owner of the motor vehicle is not known, an impounding notice or immobilising notice required to be given to the owner under subsection (2) (b) may be given by making the information required to be included on the impounding notice or immobilising notice, other than the owner’s name and address, available on the police service internet website. s 78 ins 2002 No. 33 s 6 sub 2003 No. 92 s 9 ; 2005 No. 64 s 7 amd 2006 No. 57 s 10 sub 2013 No. 15 s 21 (sec.78-ssec.1) This section applies if a motor vehicle is impounded or immobilised for a vehicle related offence. (sec.78-ssec.2) As soon as reasonably practicable, a police officer must give written notice in the approved form ( impounding notice ) of the impounding, or written notice in the approved form ( immobilising notice ) of the immobilising, to— the driver of the motor vehicle; and if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle. (sec.78-ssec.3) If the driver is a child, the impounding notice or the immobilising notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2) . (sec.78-ssec.4) The impounding notice or the immobilising notice must state— the period that the motor vehicle is impounded or immobilised for; and information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and any other information prescribed under a regulation. (sec.78-ssec.5) When giving an impounding notice or immobilising notice under this section to a child or the child’s parent or guardian, the police officer giving the notice must also give the person an explanation of the matters stated in the impounding notice or immobilising notice. (sec.78-ssec.6) The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so. (sec.78-ssec.7) An impounding notice or immobilising notice given to a driver under subsection (2) (a) must be given personally to the driver. (sec.78-ssec.8) If the name of an owner of the motor vehicle is not known, an impounding notice or immobilising notice required to be given to the owner under subsection (2) (b) may be given by making the information required to be included on the impounding notice or immobilising notice, other than the owner’s name and address, available on the police service internet website. - (a) the driver of the motor vehicle; and - (b) if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle. - (a) the period that the motor vehicle is impounded or immobilised for; and - (b) information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and - (c) any other information prescribed under a regulation.