Western Australian Current Acts

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ROAD TRAFFIC ACT 1974 - SECT 80R

80R .         Senior police officer to be informed if vehicle impounded

        (1)         A police officer, other than a senior police officer, who seizes and impounds a motor cycle under section 80O(2) or gives a surrender notice under section 80P(2) must, as soon as practicable after the notice is given, inform a senior police officer of the following —

            (a)         the date the seizure and impounding or the giving of the notice, as the case requires;

            (b)         the police officer’s grounds for suspecting the matters referred to in section 80O(1)(a) to (c);

            (c)         whether or not the motor cycle has been seized or surrendered.

        (2)         A senior police officer who is informed under subsection (1) must make enquiries as to whether there were reasonable grounds for suspecting the matters referred to in section 80O(1)(a) to (c).

        (3)         If the senior police officer is not satisfied that there were reasonable grounds for suspecting the matters referred to in section 80O(1)(a) to (c), the senior police officer must, as soon as practicable —

            (a)         if the motor cycle has been impounded under section 80P, cancel the surrender notice and give a written notice of the cancellation to each person to whom the notice was given; and

            (b)         ensure that the motor cycle is returned to a responsible person for the motor cycle, or if no responsible person is available, to the driver of the motor cycle at the time of its suspected use.

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



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