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Met with an accident police want to impound the car what can I do
15-Jul-2023 (In Motor Accident Law)
i crashed a car on a divider and the cops want to impound my car what are my defences.
If the officer impounds the car, he or she must complete a notice that acknowledges that the vehicle has been seized and impounded, and that includes the following information:
the driver's name and address
the vehicle's year, make, registration plate details, and vehicle inspection number
in the case of a boy racing offence, the date and time of the alleged offence (see above)
the date and time when the vehicle was seized
the place where the vehicle is to be impounded
an outline of the owner's rights of appeal (see below)
Unless the driver has left the scene, the Police officer must give the driver a copy of this notice. If the driver is not the registered owner, the officer must give the owner a copy of the notice if the owner is present or, if the owner is not present, send them a copy as soon as practicable. The officer must also ensure that the storage provider receives a copy.
You can defend the impoundment of your vehicle by exercising your rights of appeal under the LAND TRANSPORT ACT 1998.
The owner of a motor vehicle that has been impounded may appeal to the Police on the following grounds:
that the vehicle had been stolen or converted at the time it was impounded
that the Police officer didn't have the necessary reasonable grounds of belief, or did not comply with the notice requirements
that the owner didn't know, and couldn't reasonably have been expected to know, that the driver was not permitted to drive the vehicle
that the owner took all reasonable steps to stop the driver driving the vehicle
that the driver drove in a serious medical emergency (including imminent childbirth)
Your appeal must be in the form of a statutory declaration.
If they are satisfied that there has been an injustice the Police must direct the vehicle to be released immediately to the owner (or an authorised person).
The Police must determine the appeal within:
five working days, or
two working days if the ground of appeal is that the vehicle was stolen
f your appeal to the Police is unsuccessful then you may appeal to the District Court. However, this must be on the same grounds as those that apply to appeals to the Police; the court is not permitted to consider any other grounds.
the driver's name and address
the vehicle's year, make, registration plate details, and vehicle inspection number
in the case of a boy racing offence, the date and time of the alleged offence (see above)
the date and time when the vehicle was seized
the place where the vehicle is to be impounded
an outline of the owner's rights of appeal (see below)
Unless the driver has left the scene, the Police officer must give the driver a copy of this notice. If the driver is not the registered owner, the officer must give the owner a copy of the notice if the owner is present or, if the owner is not present, send them a copy as soon as practicable. The officer must also ensure that the storage provider receives a copy.
You can defend the impoundment of your vehicle by exercising your rights of appeal under the LAND TRANSPORT ACT 1998.
The owner of a motor vehicle that has been impounded may appeal to the Police on the following grounds:
that the vehicle had been stolen or converted at the time it was impounded
that the Police officer didn't have the necessary reasonable grounds of belief, or did not comply with the notice requirements
that the owner didn't know, and couldn't reasonably have been expected to know, that the driver was not permitted to drive the vehicle
that the owner took all reasonable steps to stop the driver driving the vehicle
that the driver drove in a serious medical emergency (including imminent childbirth)
Your appeal must be in the form of a statutory declaration.
If they are satisfied that there has been an injustice the Police must direct the vehicle to be released immediately to the owner (or an authorised person).
The Police must determine the appeal within:
five working days, or
two working days if the ground of appeal is that the vehicle was stolen
f your appeal to the Police is unsuccessful then you may appeal to the District Court. However, this must be on the same grounds as those that apply to appeals to the Police; the court is not permitted to consider any other grounds.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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