Western Australian Current Acts

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80O .         Police power to impound unlicensed motor cycle used on road

        (1)         This section applies if a police officer reasonably suspects that —

            (a)         a motor cycle is being used on a road; and

            (b)         the use constitutes an offence under the Road Traffic (Vehicles) Act 2012 section 4(2); and

            (c)         the motor cycle was not, at any time during the period of 2 years immediately before the day of the use —

                  (i)         licensed under the Road Traffic (Vehicles) Act 2012 ; or

                  (ii)         the subject of a permit, or number plates, issued under the Road Traffic (Vehicles) Act 2012 section 13.

        (2)         The police officer may seize and impound the motor cycle within a period of 28 days after the day of its suspected use.

        (3)         The Commissioner is to ensure that, as soon as practicable after a motor cycle is impounded under subsection (2), notice of the impounding is given to —

            (a)         a responsible person for the motor cycle; and

            (b)         if that person has not reached the age of 18 years, a responsible adult, as defined in the Young Offenders Act 1994 , for the person.

        (4)         The notice must be in an approved form and specify the following —

            (a)         the time when the motor cycle was impounded;

            (b)         the address of the place where the motor cycle is stored;

            (c)         sufficient details of the motor cycle to identify it;

            (d)         the time and place of the suspected use of the motor cycle;

            (e)         sufficient other details of the suspected use to identify the grounds for giving the notice;

            (f)         if known, the name of the driver of the motor cycle during its suspected use.

        (5)         The notice must also include the following —

            (a)         a statement to the effect that this Subdivision contains law about the notice and the impounding of the motor cycle;

            (b)         a statement as to the effect of sections 80S, 80T and 80U;

            (c)         a statement as to the effect that if the motor cycle is confiscated under section 80T, it may be disposed of under section 80V;

            (d)         a statement as to the effect of section 80W.

        [Section 80O inserted: No. 51 of 2016 s. 45.]

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