Factsheet 63 – April 2006

Impoundment of your vehicle at the roadside

When might a vehicle I'm driving be impounded at the roadside?

The vehicle you're driving will be impounded if you're caught driving when:

• you've been disqualified from holding or obtaining a driver licence
• your driver licence has been suspended or revoked
• you don't hold (or have never held) a driver licence or your licence has expired, and you have been forbidden to drive by a police officer until you have obtained or renewed your licence.

Your vehicle can (and usually will) also be impounded if you're caught racing (eg drag racing) or performing 'street car stunts' (eg wheel spins); or if you commit a drink drive offence and have two previous drink drive convictions in the last four years.

What happens when a vehicle I'm driving is impounded at the roadside?

You'll be given an impoundment notice by the Police, who will call for a tow truck to take the vehicle away to a storage facility.

You'll have to pay the towing and storage fees before you can get the vehicle back.

The period of impoundment is 28 days. After that is finished, you have 10 days in which to claim the vehicle and pay the fees (or make arrangements to pay the fees).

If the vehicle was impounded because you were racing or doing street car stunts, you must get a new warrant of fitness before the vehicle may be driven again. This means you have to take the vehicle straight from the storage facility to a garage or testing station for a warrant of fitness inspection.

What happens if the driver isn't the owner?

Vehicle owners have an obligation to ensure that only licensed drivers use their vehicles, and that drivers use their vehicles responsibly. However, there are some circumstances where vehicle owners can appeal against roadside vehicle impoundment.

When can I make an appeal?

You can make an appeal only on the grounds that:

• the impounded vehicle was stolen or converted at the time it was impounded
• the Police officer didn't have reasonable grounds for, or didn't follow proper procedures in, determining the impoundment
• the owner of the vehicle didn't know, and couldn't reasonably have been expected to know, that the driver was unlicensed or disqualified
• the owner took all reasonable steps to prevent the unlicensed driver from driving
• the owner of the vehicle didn't know, and couldn't reasonably have been expected to know, that the driver would race the vehicle or perform 'street car stunts' (eg wheel spins or drag racing)
• the owner took all reasonable steps to prevent the driver from racing or performing street car stunts
• the driver drove in a serious medical emergency (which includes carrying a person about to give birth).

You can't appeal on the grounds that vehicle impoundment will cause undue hardship – the appeal won't be accepted.

How can I make an appeal?

The owner of the vehicle may appeal to the Commissioner of Police. If that appeal is unsuccessful, they can appeal to a district court.

If your appeal is successful, the vehicle will be returned. You do not have to pay the costs of the impoundment if it's shown that the Police didn't have reasonable grounds to impound the vehicle or didn't follow the correct procedure.

If the vehicle was stolen or converted you do not have to pay the storage fee, but you must pay the towing fee.

How do I get the vehicle back when the impoundment ends?

At the end of the 28 days, go to the storage provider. Take:

• some form of identification (eg a bank or credit card, driver licence or passport), and
• a document proving that you own the vehicle or your copy of the impoundment notice.

When you've paid the towing and storage fees and shown your documentation, the storage provider will release the vehicle.

Does the driver of a vehicle that has been impounded need to go to court?

Yes, if they receive a summons. Impoundment does not replace any legal action the Police may take.

How much is the impoundment fee?

This depends on:

• how much the vehicle weighs
• when it's towed, and
• how far it's towed.

The standard fee is $52.50 for the tow and about $300 for the impoundment (ie $12 per day after the first three days).

If the vehicle is over 3.5 tonnes, is towed more than 10 km, or isn't towed during normal working hours (7 am to 6 pm, Monday to Friday), the fee will be higher.

The fee pays for:

• towing
• secure storage
• administrative and other costs associated with storing the vehicle.

The fee is set in regulations that are made by the government.

What happens if the owner can't afford to pay the impoundment fee?

Paying the impoundment fee is no different from the current practice for paying towing fees. However, regulations require storage providers to have reasonable arrangements in place for time payments, where all parties agree that is necessary.

What happens if a vehicle is damaged while it's being impounded?

The tow truck company is responsible for any damage to the vehicle while it's being impounded.

What happens if a vehicle isn't claimed in time?

If a vehicle isn't claimed within 10 days from when the impoundment finishes, the storage provider can ask the Police for approval to dispose of the vehicle.

After the Police give their approval, the storage provider can dispose of the vehicle on whatever terms and conditions the Police impose.

What happens if an impounded vehicle is a rental vehicle or a company vehicle?

Rental companies are responsible for ensuring they only rent vehicles to licensed drivers.

Employers are responsible for checking that their employees' driver licences are valid before allowing them to drive company vehicles (see below).

It's the company's responsibility to recover the impoundment fee from the driver.

How can an employer check on the licences of their employees?

Employers can subscribe to Driver Check, a secure internet site that allows them to confirm that only licensed drivers are driving their company vehicles. The employer registers the names of their drivers (with the drivers' consent) and NZ Transport Agency advises the employer of any change to a driver's licence status.

For more information visit the Driver Check web site or email drivercheck@nzta.govt.nz.

Where you can find out more

• Read more about the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 ('Boy Racer' Act) on the New Zealand Police web site.
• Email us: info@nzta.govt.nz.
• Phone our driver licensing contact centre: 0800 699 000.
• Write to us: NZ Transport Agency, Private Bag 6995, Wellington 6141.