Police impounding vehicles

Police can impound, sell or dispose of your car if you’re found guilty of certain traffic offences or repeat offences.

When you need legal advice

Get legal advice if:

  • you have been charged with a prescribed offence
  • you have been charged with a criminal organisation offence
  • police have impounded your vehicle
  • you want to apply to the Queensland Police Commissioner to have your impounded vehicle released
  • you want to appeal the Commissioner's decision in the Magistrates Court. 

How to get legal advice

Prescribed offences

There are 2 types of prescribed offences.

Type 1 offences

Type 1 offences include:

  • evading police
  • organising, promoting or participating in a speed race with other vehicles
  • dangerous operation of a vehicle in a public place
  • careless driving
  • wilfully starting a vehicle or driving in a manner that creates unnecessary noise or smoke (e.g. doing a burnout).

If you are charged with a Type 1 offence:

  • police can impound (seize) your vehicle before you go to court
  • your vehicle can be forfeited to the state if you are found guilty of repeated offences.

When your car can be impounded or forfeited

  • first offence in a 5-year period—90-day impoundment of the vehicle or the number plates
  • any further offences in a 5-year period (if you are found guilty)—your vehicle will be forfeited to the state
  • impoundment and forfeiture are in addition to penalties for the offence.

Your vehicle will also be forfeited to the state if you miss your court date and the court issues a warrant for your arrest.

Type 2 offences

Type 2 offences include:

  • driving an uninsured and unregistered vehicle
  • driving without a licence
  • high range drink driving with a blood alcohol level of 0.15% or greater
  • failing to provide a blood or breath specimen
  • exceeding the speed limit by more than 40km an hour
  • driving a modified vehicle that does not comply with legal vehicle standards and safety
  • driving during a 24-hour suspension.

When your car can be impounded or forfeited

  • second offence in a 5-year period—7-day impoundment.
  • third offence in a 5-year period—90-day impoundment.

 Your vehicle will be forfeited to the state if you:

  • are charged with 4 or more offences (and found guilty) in a 5-year period
  • miss your court date and the court issues a warrant for your arrest.

Other impoundments

Police and local councils can impound a vehicle for reasons other than Type 1 and 2 offences. They include:

  • if a vehicle is unattended and obstructing a road
  • if you can’t authorise vehicle towing after being injured in a road accident.

If you don’t know why your vehicle has been impounded, contact the organisation that impounded it.

What happens if my vehicle is sold and I’m found not guilty?

You may be entitled to compensation if your vehicle is forfeited to the state and sold or disposed of if either:

  • you are found not guilty of the offence
  • the court case is discontinued.

How police impound a vehicle

Police can impound a vehicle by:

  • towing and storing your vehicle in a holding yard
  • removing the number plates and attaching a number plate confiscation notice to the vehicle
  • attaching an immobilising device to a vehicle
  • serving a written vehicle production notice on an owner or driver, which requires them to deliver the vehicle at a specific time and place to be impounded or immobilised.

You can be penalised for interfering with a vehicle impoundment. Offences include:

  • failing to produce a vehicle when ordered
  • removing or tampering with an immobilising device or number plate confiscation notice
  • attempting to operate a vehicle with a number plate confiscation notice or immobilising notice attached.

Releasing impounded or immobilised vehicles

An impounded or immobilised vehicle must be released to the owner as soon as reasonably possible if it:

  • has been used unlawfully
  • was stolen at the time it was impounded
  • is a rental motor vehicle.

An owner or regular driver can apply to the Police Commissioner to have an impounded vehicle released in any of the below situations:

  • it causes severe financial hardship for them or their family by depriving their means to earn a living
  • it causes severe physical hardship to them or their family
  • the impoundment was due to the vehicle or driver being unregistered and the issue has been resolved
  • the impoundment was due to a criminal organisation offence and the offender is not part of a criminal organisation
  • there were no reasonable grounds to impound or immobilise the vehicle
  • the offence occurred without the consent of the vehicle owner.

The Commissioner has 5 days to decide whether to release the vehicle.

They may impose conditions on the vehicle’s release, for example, not allowing an offender to drive it. If the conditions are breached, police can seize the vehicle again for the remainder of the impoundment period. They will not agree to release the vehicle a second time if this happens.

A different process may apply to vehicles impounded for reasons other than a Type 1 or 2 offence.

Appealing the Police Commissioner's decision

If the Police Commissioner won’t release the vehicle, you can appeal the decision in the Magistrates Court.

The court may either:

  • confirm the Commissioner’s decision
  • substitute it with another decision it considers appropriate.

You must file a notice of appeal in the Magistrates Court within 28 days after you receive written notice of the Commissioner’s decision.

Criminal organisation offences

Criminal organisation offences are committed by individuals who participant in a criminal organisation. They include:

  • being in public with 2 or more people who are part of a criminal organisation
  • entering or attempting to enter a ‘prescribed place’, which includes shops, childcare centres, schools, licensed premises, train stations and automatic teller machine (ATM) locations
  • entering or attempting to enter a ‘prescribed event’, which is any activity directly associated with the major event
  • fighting in public
  • failing to stop a vehicle when told to by police.

For more information, see participating in a criminal organisation.

How to get legal advice

We may give legal advice about motor vehicle impounding laws.

Other places to get legal advice:

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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