Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 80P

80P .         Surrender notice

        (1)         This section applies if —

            (a)         a police officer reasonably suspects, in relation to a motor cycle, that the motor cycle has been used in circumstances described in section 80O(1)(a) to (c); and

            (b)         it is impracticable for the police officer to impound the motor cycle under section 80O(2).

        (2)         The police officer may give, personally or by registered post, a notice (a surrender notice ) 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.

        (3)         The surrender notice cannot be given more than 28 days after the day of the suspected use of the motor cycle.

        (4)         The surrender notice must be in an approved form and contain a statement to the effect that, because of the suspected use of the motor cycle, it is required to be surrendered to the Commissioner for impounding.

        (5)         The surrender notice must specify the following —

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

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

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

            (d)         if known, the name of the driver of the motor cycle during its suspected use;

            (e)         the place at which, and the time of day during which, the motor cycle and its keys are required to be surrendered under this Subdivision;

            (f)         the last day on or before which the motor cycle and its keys are required to be surrendered, being the 7 ^th day after the day the surrender notice has been given.

        (6)         The surrender 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 80Q(1) and (2), 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 80P inserted: No. 51 of 2016 s. 45.]