249Early release of motor vehicle and number-plates on application to Local Court

#### 249 Early release of motor vehicle and number-plates on application to Local Court 249 Early release of motor vehicle and number-plates on application to Local Court (cf Gen Act, s 222) > > (1) A person may apply to the Local Court for an order for the release into the person’s custody of— > > > > > (a) a motor vehicle impounded under this Part before the end of the period of impounding imposed on the motor vehicle, or > > > > > (b) number-plates confiscated under this Part before the end of the number-plate confiscation period applying to the number-plates. > > > (2) An order cannot provide for release on a day that is less than 5 working days after the vehicle was impounded or the number-plates were confiscated. > > > (3) In determining whether to make an order under this section, the Local Court is entitled to have regard to the following— > > > > > (a) the safety of the public and the public interest in preventing the use of a motor vehicle that the Court considers is reasonably likely in all the circumstances to be used for further sanctionable offences, > > > > > (b) any alleged extreme hardship to a person other than the registered operator of the motor vehicle arising from the impoundment of the vehicle or confiscation of the number-plates. > > > (4) The motor vehicle or number-plates are to be released by order of the Local Court only after the applicant has paid in full any applicable movement, towing and storage fees under section 250. > > > (5) An applicant into whose custody a motor vehicle is released by an order under this section must acknowledge in writing receipt of the motor vehicle from the custody of the Commissioner of Police. > > > (6) An applicant into whose custody number-plates are released by an order under this section must acknowledge in writing receipt of the number-plates from the custody of Transport for NSW. > > > (7) An applicant into whose custody number-plates are released by an order under this section must remove any number-plate confiscation notice attached to the motor vehicle before the motor vehicle is operated on any road.