A WA parliamentary question addresses the impoundment of vehicles under new laws, specifically focusing on government fleet vehicles, hire purchase agreements, and compensation eligibility. The Minister provides data on impounded vehicles and clarifies the legal considerations for hire purchase agreements.

AnsweredQoN 789Legislative Council
Asked
19 August 2009
Portfolio
Police

QuestionView source ↗

motor vehicleS — POLICE impoundment
I refer to the government’s new laws that allow police to seize the vehicles of unlicensed drivers for 28 days, regardless of who owns them. (1) How many cars are currently impounded? (2) Have any state or local government fleet cars been impounded? (3) If yes to (2) — (a) how many state government fleet cars have been impounded; (b) how many local government fleet cars have been impounded? (4) How many vehicles impounded are subject to hire purchase agreements; and when such a vehicle is confiscated for a third offence and destroyed, is the hire purchase company eligible for compensation? The PRESIDENT : The honourable Minister for Training. Hon PETER COLLIER

AnswerView source ↗

Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(1) How many cars are currently impounded? (2) Have any state or local government fleet cars been impounded? (3) If yes to (2) — (a) how many state government fleet cars have been impounded; (b) how many local government fleet cars have been impounded? (4) How many vehicles impounded are subject to hire purchase agreements; and when such a vehicle is confiscated for a third offence and destroyed, is the hire purchase company eligible for compensation? The PRESIDENT : The honourable Minister for Training. Hon PETER COLLIER replied: Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(2) Have any state or local government fleet cars been impounded? (3) If yes to (2) — (a) how many state government fleet cars have been impounded; (b) how many local government fleet cars have been impounded? (4) How many vehicles impounded are subject to hire purchase agreements; and when such a vehicle is confiscated for a third offence and destroyed, is the hire purchase company eligible for compensation? The PRESIDENT : The honourable Minister for Training. Hon PETER COLLIER replied: Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(3) If yes to (2) — (a) how many state government fleet cars have been impounded; (b) how many local government fleet cars have been impounded? (4) How many vehicles impounded are subject to hire purchase agreements; and when such a vehicle is confiscated for a third offence and destroyed, is the hire purchase company eligible for compensation? The PRESIDENT : The honourable Minister for Training. Hon PETER COLLIER replied: Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(b) how many local government fleet cars have been impounded?
The PRESIDENT : The honourable Minister for Training. Hon PETER COLLIER replied: Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Hon PETER COLLIER replied: Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Minister for Energy. It is a bit of both! Thank you, Mr President. Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Hon Ljiljanna Ravlich : He’s only got two portfolios. It can’t be hard. Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Hon PETER COLLIER : I do thank the honourable member for some — Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Hon Ljiljanna Ravlich interjected. Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Hon PETER COLLIER : Does the member want a response or is she going to carry on waffling? Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Several members interjected. The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
The PRESIDENT : Order! I got that off to a bad start. The Minister for Energy should start again. Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
Hon PETER COLLIER : Thank you, Mr President. I would be delighted to offer a response to the honourable member. (1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(1) Out of the total of 1 554 vehicles impounded since 1 July 2009, the information management system indicates that 816 vehicles are currently impounded. (2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(2) No. (3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(3) Not applicable. (4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.
(4) Vehicles are not scrutinised at the time of a roadside impoundment as to whether they are subject to a hire purchase agreement. If the vehicle is subject to a hire purchase agreement, the vehicle is to be considered a lent vehicle by definition of section 78A of the Road Traffic Act, and the court may consider an extended impoundment of up to six months instead of confiscation. However, if confiscation were considered by a court, the court may order that the vehicle be returned to the hire purchase company.

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