Section 85A of the Police Powers and Responsibilities Act Queensland states:

(1) This section applies if a motor vehicle has been impounded for a type 2 vehicle related offence and, in addition to the initiating impoundment offence-

(a) the driver of the motor vehicle has previously 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 has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and has previously 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.

Notes-

Because of section 70A, applications may only be made for type 2 vehicle related offences of the same kind, not a combination of different kinds of type 2 vehicle related offences. For vehicle related offences, the offences do not have to be committed

using the same vehicle.

(2) Within 48 hours after charging the person with the initiating impoundment offence, a police officer must apply in the approved form for an order that the motor vehicle be held at a holding yard for a period of not more than 3 months (impounding order).

(3) The application must be made in relation to 3 type 2 vehicle related offences consisting of- (a) any 2 type 2 vehicle related offences the circumstances of which apply to the driver under subsection (1)(a), (b) or (c); and (b) the initiating impoundment offence.

Maximum Impoundment period - 3 months. 

The driver will also be liable for any costs involved in removing and keeping the vehicle and for the costs of impoundment for each day the driver fails to remove the car after the period of impoundment ends.

If the driver is not the owner, the owner will not be responsible for impoundment costs for 2 business days after the owner receives the impoundment notice. However, the owner will become liable to pay for costs of impounded for each day thereafter. 

If the vehicle is not removed by the owner within 30 days the vehicle will considered forfeited to the state and may be sold.  If the owner is known, the owner will receive the proceeds of the sale after the costs of impoundment, moving and sale of the vehicle have been accounted for.

In order for the Police to obtain the order at Court, they must prove each of the following matters on the balance of probabilities:

The accused:

• (1) has been charged with one of the following:

• (a) Driving an uninsured and unregistered vehicle - s20 Motor Vehicle Accident Insurance Act and s10 the Transport Operations (Road Use Management - Vehicle Registration) Regulation respectively;
• (b) Unlicensed driving - s78(1) of the Transport Operations (Road Use Management) Act;
• (c) Driving under the influence of liquor (over high limit) - s79 of the Transport Operations (Road Use Management) Act; or
• (d) Failing to provide a specimen (to establish alcohol or drugs in system) - s80(5A) and s80(11) of the Transport Operations (Road Use Management) Act;
• (e) Driving whilst suspended due to failure to provide specimen (to establish alcohol or drugs in system)- s80(22D) of the Transport Operations (Road Use Management) Act; Or
• (f) Driving a vehicle on the road without first complying with a defect notice that has been issued ordering the vehicle to be inspected prior to driving - s 14 Transport Operations (Road Use Management - Vehicle Registration and Safety) Regulation; AND

• (2) Had their vehicle impounded for the initiating period of 48 hours as a result of that charged; AND
• (3) Has in the 3 years before the new charge for which their vehicle has now been impounded been:

• (a) charged with two other Type 2 offences as listed (a) to (f) above which is yet to be decided in the courts; OR
• (b) found guilty of two other Type 2 offences as listed (a) to (f) above; OR
• (c) found guilty of one other Type 2 offence as listed (a) to (f) above and has been charge with one other Type 2 offence as listed (a) to (f) above which is yet to be decided.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

1. It is a defence to prove that the current offence occurred without the knowledge and consent of the owner of the vehicle.

2. While not exactly a defence, if the accused can show forfeiture would cause him or her severe financial or physical hardship, the Magistrate may impose an order of community service in the alternative to impoundment.