Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 80S

80S .         Claims of right to possession

        (1)         A person may, within 10 days after the day on which a motor cycle is impounded under section 80O(2) or 80Q(1) or (2), give to the Commissioner a claim that —

            (a)         the person —

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

                  (ii)         is not a member of the driver’s immediate family; and

                  (iii)         was not the driver of the motor cycle at the time of the suspected use;

                and

            (b)         the suspected use of the motor cycle occurred without the knowledge and acquiescence of the person.

        (2)         The claim is to be in an approved form.

        (3)         If the Commissioner accepts the claim, the Commissioner must, as soon as practicable, ensure that the motor cycle is returned to the claimant.

        (4)         If the Commissioner rejects a claim, the Commissioner must, as soon as practicable, give a written notice of the rejection to the person making the claim.

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