Victorian Numbered Acts

ROAD SAFETY AMENDMENT (HOON DRIVING) ACT 2010 (NO. 76 OF 2010) - SECT 23

    (1)     Before section 84Z(1) of the Principal Act insert —

    "(1AA)     In this section—

"offender" means a person believed to have committed the relevant offence in relation to which the motor vehicle is to be impounded, immobilised or forfeited.".

    (2)     In section 84Z(3) of the Principal Act, for "The" substitute "Subject to subsections (3A), (3B) and (3C), the".

    (3)     After section 84Z(3) of the Principal Act insert —

    "(3A)     The court must not decline to make an impoundment or immobilisation order or a forfeiture order on the grounds of exceptional hardship caused to the offender if—

        (a)     either—

              (i)     the offender is disqualified from obtaining a driver licence or permit; or

              (ii)     the offender's driver licence or permit is suspended; and

        (b)     in the case of an application relating to an impoundment or immobilisation order, the suspension or disqualification is for a period longer than 3 months.

    (3B)     The court must not decline to make an impoundment or immobilisation order or a forfeiture order on the grounds of exceptional hardship relating to the offender's employment unless the offender, or another person appearing before the court, satisfies the court that—

        (a)     driving the impounded or immobilised motor vehicle is essential (not merely convenient) for the offender's employment; and

        (b)     no other transport to his or her place of employment is available to the offender; and

        (c)     the offender, after making reasonable enquiries, is unable to arrange for another person to drive the offender to his or her place of employment.

    (3C)     In determining whether to decline to make an impoundment or immobilisation order or a forfeiture order on the ground of exceptional hardship, the court must have regard to 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 driving offences.

    (3D)     If the court declines to make an impoundment or immobilisation order or a forfeiture order on the ground of exceptional hardship, it may require the applicant (other than the offender) to give an undertaking that the motor vehicle will not be made available to be driven by the offender during a period not exceeding—

        (a)     3 months if the application is for an impoundment or immobilisation order and—

              (i)     the offender is disqualified from obtaining a driver licence or permit for a period not exceeding 3 months; or

              (ii)     the offender's driver licence or permit is suspended for a period not exceeding 3 months; or

        (b)     12 months in any other case.

Note

Section 84ZAC provides for the impoundment, immobilisation or forfeiture of the motor vehicle on breach of an undertaking.

    (3E)     A person is deemed to be released from an undertaking under subsection (3D) if, on appeal—

        (a)     the driver is found not guilty of the relevant offence in relation to which the motor vehicle was impounded, immobilised or forfeited and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or

        (b)     the conviction for that relevant offence is set aside.".