Section 79: If a member of the Police Force reasonably suspects that, while driving a vehicle, the driver has committed an impounding offence (driving), the member must, unless in the circumstances it is impracticable to do so, impound the vehicle within a period of 28 days after the day of the offence.

An “impounding offence (driving)” means a reckless driving (section 60) or driving causing excessive noise or smoke (section 62A).

The period of impoundment of the vehicle is generally 28 days, but it may be extended to 3 months if the member of the Police Force reasonably suspects that the driver is a previous offender. In any case, the Commissioner of Police may extend the period to 3 months.

A previous offender is any person who has previously been convicted of an impounding offence or if a charge of an impounding offence is pending.

The motor vehicle may be impounded for a period of 28 days and the period may be extended to 3 months.

(1) The accused person was driving a motor vehicle;
(2) The Police reasonably suspected that the accused was committing an impounding offence (driving);
(3) The offence occurred less than 28 days prior to impounding the vehicle; and
(4) If the Police Force member (other than the Commissioner) plans to extend the impound period to 3 months, they must prove that they reasonably believed that the accused was a previous offender.

It is important to note that in order for the vehicle to be impounded, the vehicle does not have to belong to the offender.