Notice of Seizure

Improper use of a motor vehicle
Jenchen
Posts: 2
Joined: Wed Dec 31, 2014 12:06 pm

Notice of Seizure

Postby Jenchen » Wed Dec 31, 2014 12:17 pm

Hi Guy's

I had a look but couldn't find the answer in the forums,

What are the rules with Notice of Seizure with an old vehicle (Not registered for long time) and is used only around a large "private property" (not on any road of any sort)
The vehicle is used basically to help around the property

Notice of seizure say's "improper use of motor vehicle"

Do road rules extend to private property with vehicles used around a farm?

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Notice of Seizure

Postby Hardy » Wed Dec 31, 2014 12:45 pm

There is no reason why a notice can not be issued for such a vehicle.

Day
Posts: 1614
Joined: Wed Mar 19, 2008 4:51 pm

Re: Notice of Seizure

Postby Day » Wed Dec 31, 2014 3:35 pm

Was it involved in an incident involving alcohol?

Chef
Posts: 519
Joined: Tue Nov 15, 2011 12:04 pm

Re: Notice of Seizure

Postby Chef » Wed Dec 31, 2014 4:27 pm

Jenchen wrote:Hi Guy's

I had a look but couldn't find the answer in the forums,

What are the rules with Notice of Seizure with an old vehicle (Not registered for long time) and is used only around a large "private property" (not on any road of any sort)
The vehicle is used basically to help around the property

Notice of seizure say's "improper use of motor vehicle"

Do road rules extend to private property with vehicles used around a farm?


Road Rules only apply on a highway, improper use is a Road Safety Act offence.

Hardy
Site Admin
Posts: 8536
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Notice of Seizure

Postby Hardy » Fri Jan 02, 2015 9:27 am

There are several impound offences that can occur on private property.
Or they can substitute a vehicle in place of the offending vehicle. Since you make no reference to the background story, it is pointless debating those aspects

Either way, it sounds better that they impound the farm ute instead of your porsche. Only problem will be having to trailer it to the pound.
If you think there is no power to impound then ignore the impound notice and defend any charge arising from your failure to comply with it. Given that the impound notice merely needs to make an allegation of a relevant offence and does not need any evidence at all that one actually occurred, you are usually better off complying with the notice then suing for the costs of the impound and tow after you are acquitted of the improper use charges.

Jenchen
Posts: 2
Joined: Wed Dec 31, 2014 12:06 pm

Re: Notice of Seizure

Postby Jenchen » Tue Jan 06, 2015 4:38 pm

Thanks for the reply's,

Vehicle is rarely used, so it will go to the pound.(save any charges arising from not taking it) suing will depend on cost and future events to get the money back


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