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Vehicle Impoundment Lawyers Cairns, Brisbane, Gold Coast

Queensland vehicle impoundment and forfeiture lawyers

Having the police impound your vehicle can come as a shock, especially if you weren’t the person driving it when the alleged offence occurred.

In Queensland, police have broad powers to impound or immobilise vehicles used in connection with certain traffic offences. Depending on the alleged offence and whether the driver has committed similar offences before, the vehicle may be taken off the road for months or even forfeited permanently to the State.

The good news is that, in some circumstances, you may be able to apply for the early release of an impounded or immobilised vehicle. However, strict eligibility requirements and time limits can apply. The process can become especially complicated where the vehicle belongs to someone other than the alleged offender.

This guide to vehicle impoundment and forfeiture in Queensland explains when police can take action against a vehicle, how long it can be impounded for and when you may need legal advice.

Call us if you're facing vehicle impoundment and forfeiture

At Osborne Butler Lawyers, we’re experienced in defending all types of vehicle impoundment and forfeiture across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.

We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.

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What is vehicle impoundment in Queensland?

Vehicle impoundment occurs when Queensland Police seize and hold a motor vehicle because it has allegedly been used in connection with certain traffic or vehicle-related offences.

Depending on the alleged offence and the driver’s traffic history, police may impound the vehicle or immobilise it by removing and confiscating its number plates. In more serious or repeat cases, the vehicle may ultimately be forfeited to the State and sold or otherwise disposed of.

Vehicle impoundment is separate from any fine, licence disqualification or other penalty imposed for the underlying offence. This means you may face criminal or traffic proceedings while also being unable to use the vehicle involved in that offence.

Importantly, if your vehicle was being driven by another person when the alleged offence occurred, it can still be impounded. However, sometimes vehicle owners and other affected people have the right to seek the vehicle’s release.

What offences can lead to vehicle impoundment or forfeiture?

Queensland law divides vehicle-related offences that can lead to impoundment, immobilisation or forfeiture into Type 1 and Type 2 offences. The category of offence is important because it affects when police can take action against the vehicle and how quickly the vehicle becomes at risk of forfeiture.

Type 1 vehicle-related offences

Type 1 offences generally involve serious or dangerous driving behaviour and are commonly associated with hooning offences.

This include offences such as:

dangerous operation of a vehicle
organising, promoting or participating in a street race or speed trial
evading police
careless driving involving a speed trial or race, and
deliberately causing unnecessary noise or smoke, including performing burnouts.

Police have significant powers to impound vehicles allegedly involved in Type 1 offences. A first Type 1 offence can result in the vehicle being impounded or immobilised for 90 days, while repeat offending can put the vehicle at risk of forfeiture to the State.

Type 2 vehicle-related offences

Type 2 offences cover a broader range of traffic and vehicle offences. They include certain offences involving:

driving while unlicensed or while your licence is suspended
driving an unregistered vehicle
driving a vehicle that is uninsured
driving a vehicle subject to a defect notice
drink driving or drug driving, and
other specified traffic offences.

Unlike Type 1 offences, a first Type 2 offence doesn’t usually result in immediate impoundment. However, repeated Type 2 offences can lead to escalating periods of impoundment or immobilisation and, ultimately, vehicle forfeiture.

The distinction between Type 1 and Type 2 offences can be important if your vehicle has been seized or you’ve received an impoundment notice.

The alleged offence, your previous traffic history and whether the vehicle belongs to you can all affect what happens next.

What are the different types of vehicle impoundment and immobilisation?

Under the Police Powers and Responsibilities Act 2000, Queensland Police can prevent a vehicle from being used in two main ways: impounding the vehicle or immobilising it.

Both stop the vehicle from being legally driven, but they achieve it in different ways.

Vehicle impoundment

If a vehicle is impounded, police arrange for it to be towed to and held at a secure holding yard for a set period of time.

During the impoundment period, you can’t generally collect or use the vehicle unless you successfully apply for early release or the vehicle is released on another legal basis.

The owner or driver may also be responsible for any towing and storage costs associated with the impoundment.

Vehicle immobilisation

Instead of physically taking the vehicle away, police may immobilise it. This can involve confiscating the vehicle’s number plates and requiring the vehicle to be kept at a nominated place rather than a police holding yard. Police also have powers to attach an immobilising device to a vehicle.

The vehicle must then be kept at a designated place other than a police holding yard for a set period. During this time, you must not interfere with any immobilising device, apply new number plates to the vehicle or use it in any other way that’s in breach of the immobilisation requirements.

Vehicle forfeiture

Vehicle forfeiture is more serious than impoundment or immobilisation because you can permanently lose the vehicle.

In certain repeat-offence cases, a vehicle can become the property of the State. Once forfeited, it may be sold or otherwise disposed of and, as the former owner, you generally won’t receive any proceeds received for it.

Whether you’re at risk of forfeiture depends on whether:

Whether the alleged conduct involves a Type 1 or Type 2 vehicle-related offence,
This is a fist or repeat offence.

What are the impoundment periods and when can a vehicle be forfeited to the State?

The consequences escalate quickly for repeat offending and can ultimately result in the vehicle being permanently forfeited to the State.

Type 1 offences

Type 1 offences attract the most immediate likelihood of having your vehicle impounded.

Number of Type 1 offences within five years	Maximum impoundment or immobilisation period
First offence	90 days impoundment or immobilisation
Second or subsequent offence	Vehicle impounded and may be forfeited to the State if the driver is found guilty

Type 2 offences

The consequences for Type 2 offences generally escalate with repeat offences.

Number of Type 2 offences within five years	Impoundment or immobilisation period
First offence	No vehicle impoundment or immobilisation
Second offence	Seven days impoundment or immobilisation
Third offence	90 days impoundment or immobilisation
Fourth or subsequent offence	Vehicle impounded and may be forfeited to the State if the driver is found guilty

What happens if a vehicle is forfeited to the State?

Vehicle forfeiture is permanent. If a vehicle is forfeited, it becomes the property of the State and may be sold at auction or crushed and sold as scrap. As the former driver, you won’t receive any proceeds for this sale.

The risk of forfeiture can be particularly serious where the vehicle is valuable, used for work or belongs to someone other than the person accused of the offence.

If your vehicle has been impounded following repeat Type 1 or Type 2 offending and is at risk of forfeiture, you should get legal advice as soon as possible.

Understanding your rights if your vehicle has been impounded or immobilised

Depending on the circumstances, you may be able to apply for the early release of an impounded or immobilised vehicle. This is particularly relevant where you weren’t the driver, the vehicle was used without your consent or continued impoundment would cause severe hardship.

We explain these grounds in more detail below.

What should you do if your vehicle has been impounded or you have received a vehicle impoundment notice?

If your vehicle has been impounded or immobilised, it’s important you act quickly. After all, the steps you take after receiving an impoundment notice can affect how long the vehicle remains unavailable and whether it is ultimately at risk of forfeiture.

1. Read the impoundment notice carefully

Check the alleged offence, the type of impoundment or immobilisation and the period for which the vehicle is due to be unavailable. You should also confirm who was driving the vehicle when the alleged offence occurred and whether the notice identifies the correct vehicle.

2. Find out why the vehicle has been impounded

Your available options depend on whether:

The alleged conduct involves a Type 1 or Type 2 vehicle-related offence
Whether you were the driver of the vehicle, and
Whether the driver has committed previous relevant offences.

If you weren’t driving, find out as much as you can about the alleged offence and the driver’s traffic history.

3. Gather relevant documents and evidence

Collect any documents that show your interest in the vehicle and how its continued impoundment will affect you.

Depending on your circumstances, this may include registration or ownership documents, finance agreements, employment records, business documents, medical evidence or information about your family responsibilities.

4. Don’t drive or interfere with an immobilised vehicle

If police have immobilised your vehicle, you mustn’t drive it or take steps to defeat the immobilisation.

Replacing or interfering with confiscated number plates, tampering with an immobilisation device or otherwise breaching the vehicle’s immobilisation requirements is treated as a serious offence in Queensland. It can lead to further legal consequences, including a fine of up to $6,908.

You can also commit a further offence that carries the same penalties if you drive the vehicle after an immobilising device has been unlawfully removed or tampered with.

That means, if you tamper with an immobilisation device and then get caught driving the vehicle, you could face fines of almost $14,000.

If you need the vehicle released, you should explore whether you can apply for early release rather than attempting to move or use it yourself.

5. Get legal advice about early release or forfeiture

You may be able to apply for the early release of an impounded or immobilised vehicle, particularly if you weren’t the driver, the vehicle was used without your consent or continued impoundment would cause severe hardship.

When can you apply for early release of an impounded or immobilised vehicle?

If your vehicle has been impounded or immobilised, you may be able to apply to the Queensland Police Commissioner to have it released before the full impoundment period expires.

However, early release isn’t automatic. You need to apply on one of the grounds recognised under Queensland law (set out below), while providing enough information and evidence to support your application.

1. You or your family would suffer severe hardship

You may be able to apply if keeping the vehicle impounded or immobilised would cause you or your family severe financial or physical hardship.

This may apply, for instance, where you need the vehicle to earn an income, operate a business, access essential medical treatment or meet significant family responsibilities.

However, mere inconvenience is unlikely to be enough. You’ll generally need to provide evidence showing the nature and severity of the hardship you would suffer.

2. You didn’t consent to the offence being committed

You may be able to apply for the early release of a vehicle you own if someone else was driving it and you didn’t consent to them using it to commit the offence.

This can be particularly important where a family member, friend or employee was driving the vehicle and their alleged conduct resulted in it being impounded.

3. The grounds for a Type 2 impoundment have been rectified

For some Type 2 offences, you may be able to apply for early release if the issue that led to the impoundment has been fixed.

This can apply, for example, to certain unlicensed-driving offences or where the vehicle was unregistered or uninsured but this has since been rectified.

4. There was no reasonable grounds to impound or immobilise the vehicle

You may also be able to apply for release if you believe police had no reasonable grounds to impound or immobilise the vehicle in the first place.

To successfully apply on this ground, you should carefully consider the circumstances of the alleged offence, including your situation, the driver’s previous driving history and how the police exercised their impoundment powers.

How do you apply for early release?

You don’t have to go to court to apply for early release. However you’ll need to support any application for early release with enough evidence and information to convince the Police Commissioner you’ve established one of the relevant grounds.

Depending on your application, this could include employment records, financial documents, medical evidence, proof of vehicle ownership or evidence about who was driving and how the vehicle came to be used.

Queensland Police provides an online Application for Early Release of a vehicle from Impoundment/Immobilisation service.

The current service states that the person applying must be the owner or usual driver of the vehicle.

The Commissioner generally has five days to decide the application and may impose conditions on the vehicle’s release. For example, the alleged offender may be prohibited from driving the vehicle.

If you breach a release condition, police can seize the vehicle again for the remainder of the impoundment period. They generally won’t agree to release it a second time – particularly on the same basis.

When should you contact a lawyer if your vehicle has been impounded or is at risk of forfeiture?

If your vehicle has been impounded or immobilised, you should consider getting legal advice as soon as possible.

While some impoundment periods are relatively short, others can last for 90 days. In repeat-offence cases, you may even forfeit your vehicle permanently to the State.

Early legal advice can help you understand why the vehicle has been impounded, whether you have grounds to apply for early release and what evidence you may need to support your application.

It is especially important to speak with a traffic lawyer if:

You weren’t driving the vehicle when the alleged offence occurred
You did not consent to the vehicle being used to commit the alleged offence
The vehicle is essential for your employment or business
You or your family would suffer financial or physical hardship if the vehicle stays impounded
You believe police didn’t have reasonable grounds to impound or immobilise the vehicle
Your vehicle is valuable, financed or owned jointly with another person, or
Your vehicle is at risk of being permanently forfeited to the State.

The earlier a lawyer becomes involved, the sooner they can review the circumstances of the impoundment, explain your options and help you prepare any application for early release.

How can a vehicle impoundment lawyer help if your vehicle has been impounded or is at risk of forfeiture?

If your vehicle has been impounded or immobilised, an experienced traffic lawyer can provide advice about the police action, your rights and the options available to have the vehicle released.

Depending on the circumstances of your matter, a traffic lawyer may be able to:

explain why the vehicle has been impounded or immobilised
assess whether you have grounds to apply for early release, and prepare and support any application
challenge whether there were reasonable grounds to impound or immobilise the vehicle, and
advise and represent you where the vehicle is at risk of forfeiture to the State.

Every vehicle impoundment matter is different and the right course of action will depend on the alleged offence, the driver’s history, who owns the vehicle and the impact its continued impoundment will have.

Call Osborne Butler for clear, confidential advice

Having your vehicle impounded or immobilised can cause serious disruption. If the vehicle is at risk of forfeiture, you may also face permanently losing both the vehicle and its financial value.

If your vehicle has been impounded, the sooner you understand why police have taken action and whether you have grounds to apply for early release, the better placed you will be to protect your interests.

At Osborne Butler, our Queensland traffic lawyers provide practical, straight-talking advice about vehicle impoundment, immobilisation and forfeiture. We can review the circumstances of the alleged offence, assess whether you have grounds for early release and help you prepare the evidence needed to support your application.

Frequently asked questions about vehicle impoundment in Queensland

Can police impound a car that doesn’t belong to the driver?

Yes. Queensland’s vehicle impoundment laws can apply to the vehicle used in the alleged offence even if it belongs to someone other than the driver. Queensland Government guidance expressly refers to “the vehicle you were driving”.

If someone else was driving your vehicle when the alleged offence occurred, you may be able to apply for early release. However, that depends on the circumstances.

How long can police impound a vehicle in Queensland?

The impoundment period depends on whether the alleged conduct involves a Type 1 or Type 2 vehicle-related offence and the driver’s previous relevant offences.

A first Type 1 offence can result in a 90-day impoundment or immobilisation. For Type 2 offences, a second relevant offence within five years can result in a seven-day impoundment or immobilisation period, and a third can result in a 90-day period. Repeat offending can ultimately put the vehicle at risk of forfeiture.

Do I have to pay towing and storage fees if my car is impounded?

You may be responsible for paying any costs associated with towing and storing an impounded vehicle. These costs can continue to increase while the vehicle remains in a holding yard.

If your vehicle has been impounded, check the notice and information provided by police carefully so that you understand any costs and collection requirements. Queensland Police’s impoundment guidance explains that impoundment means the vehicle is towed to a holding yard. It also provides the process for recovering it.

Can I get my impounded car back early?

Possibly. You may be able to apply for early release on recognised grounds, including severe financial or physical hardship, lack of consent to the offence, rectification of certain Type 2 matters or an argument that there were no reasonable grounds for the impoundment.

You’ll generally need to provide evidence supporting the ground on which you rely.

Can I get my car back if someone else was driving it?

Potentially. However, the fact that you weren’t driving doesn’t automatically prevent the vehicle from being impounded.

If you didn’t consent to the driver actually driving your car or committing the offence, you may have grounds to apply for early release. This can be especially relevant if the driver was a family member, friend or employee.

What happens if I remove a police immobilisation device?

You must not, without reasonable excuse, tamper with, remove or modify an immobilising device attached to a vehicle.

Doing so is a separate offence carrying a maximum penalty of 40 penalty units – currency $6,908. If you then operate the vehicle after the device has been unlawfully removed, tampered with or modified, you may commit a further offence carrying another maximum penalty of 40 penalty units – taking the total maximum fine to $13,816.

Can Queensland Police permanently take my car?

Yes. In repeat Type 1 and Type 2 offence cases, you may forfeit ownership of your vehicle to the State. A second Type 1 offence or fourth Type 2 offence within the relevant five-year period can put the vehicle at risk of forfeiture if the driver is found guilty.

Forfeiture is permanent. The vehicle becomes State property and may be sold or crushed.

Do I get the money if my forfeited vehicle is sold?

No. If you forfeit the vehicle, you no longer own it. It becomes the property of the State and you’re not entitled to receive the proceeds.

This means forfeiture can result in you losing the full financial value of the motor vehicle.

Can a financed vehicle be impounded or forfeited?

The police can still impound a vehicle that’s subject to finance. However, ownership and other legal interests in the vehicle may become important, particularly where forfeiture is possible. If a financed vehicle is at risk of forfeiture, obtain legal advice promptly.

What happens if I miss court and my vehicle has been impounded?

If court proceedings are connected with the impoundment of your vehicle, don’t ignore the court date or assume the vehicle will simply be returned when the impoundment period ends.

You generally have 28 days from the date the infringement notice is issued to pay the fine, arrange an instalment plan, dispute the infringement or elect to have the matter heard in court.

The due date should be shown on your infringement notice. If you intend to dispute the fine, it’s important that you act before this deadline.

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If your vehicle has been impounded or immobilised, or is at risk of forfeiture in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced traffic-law representation.

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