11.16 Evading police officers
Chapter 22 of the Police Powers and Responsibilities Act (PPRA) (ss. 746 to 789), deals with an evasion offence. An evasion offence is committed by a driver of a motor vehicle who fails to stop that motor vehicle as soon as reasonably practicable when a police officer, in the exercise of a power under an Act, using a police service motor vehicle gives that driver a direction to stop the motor vehicle the driver is driving. See s. 754: 'Offence for driver of motor vehicle to fail to stop motor vehicle' of the PPRA. See also ss. 11.16.1: 'Investigation of evasion offences and evasion offence notices' and 11.16.2: 'Impounding and forfeiture of motor vehicles for evasion offences' of this chapter.
The legislation is intended to facilitate the investigation of evasion offences by police officers.
ORDER
Officers are to note - a driver of a motor vehicle does not commit an offence against s. 754 of the PPRA (an evasion offence) unless the driver is given a direction to stop the motor vehicle pursuant to s. 748 of the PPRA. Additionally, Chapter 22 powers are not available unless the driver fails to comply with a direction given pursuant to s. 748 of the PPRA.
Section 748(1) provides that for this chapter, a police officer gives a direction to the driver of another motor vehicle if:
(i) the police officer is in or on a police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and
(ii) the driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and
(iii) the police officer signals to the driver of the other motor vehicle to stop the motor vehicle-
(a) by giving a physical or audible signal; or
(b) by displaying a warning light or warning lights and sounding an alarm.
Section 748(2) provides that for s. 748(1) a police officer gives a direction to the driver of a motor vehicle when whichever of the following first happens:
(i) the police officer gives a physical or audible signal to the driver of the motor vehicle; or
(ii) the police officer displays the warning lights and sounds an alarm fitted to the police service motor vehicle being used to attempt to intercept the motor vehicle.
A number of definitions, including the terms 'alarm' and 'stop' are contained in s. 747: 'Definitions for ch 22' and the definition of the term 'warning light' is contained in s. 749: 'What is a warning light for ch 22'. Officers are to familiarise themselves with those definitions.
11.16.1 Investigation of evasion offences and evasion offence notices
Section 755: 'When evasion offence notice may be given to owner of motor vehicle involved in offence' of the PPRA applies to a nominated person in the same way as it applies to an owner. For the definition of 'nominated person' and 'owner' see s. 747: 'Definitions for ch 22' of the PPRA.
POLICY
Officers who suspect the commission of an evasion offence under s. 754: 'Offence for driver of motor vehicle to fail to stop motor vehicle' of the PPRA are to investigate the offence with a view to starting a proceeding for the offence.
Details of the person or persons in whose name the motor vehicle may be registered in Queensland can be obtained through querying Queensland Transport records by conducting a QPRIME search. During the hours of 0800 to 1600 hours, Monday to Friday, police officers attached to the Vehicle of Interest Unit, Police Information Centre, can also conduct direct checks of Queensland Transport records on TRAILS for officers (see Contact Directory), or email direct to 'Vehicles of Interest'. Registration details of a motor vehicle registered in another State or a Territory can be obtained by contacting the officer's local police communications centre or alternatively by contacting the Police Communications Centre, Brisbane.
If, on the investigation of an evasion offence, it appears to the investigating officer that giving the owner of the motor vehicle involved in the offence or the nominated person an Evasion Offence Notice under s. 755 would help in the investigation of the offence, a QP685: 'Evasion Offence Notice' (available on QPS Forms Select) is to be accurately completed and given to the owner of the vehicle or the nominated person. The Evasion Offence Notice requires the owner, or nominated person, within four business days, to give a declaration to a police officer named in the notice or the officer in charge of a stated police station or police establishment.
Investigating officers are to consider giving an Evasion Offence Notice to the owner of the motor vehicle involved in the offence, or the nominated person, whenever the owner or nominated person does not state the name of the person who was using the motor vehicle when the offence happened.
Section 755 provides that if the owner, or nominated person, is an individual, the Evasion Offence Notice must be given to the owner personally. This section also provides that when giving the owner, or nominated person, who is an individual the Evasion Offence Notice, the police officer must explain to the owner, or nominated person, what the notice requires and the consequences of not complying with the notice.
However, the legislation is silent on how to deal with an owner, or nominated person, of a motor vehicle who is not an individual. When giving the Evasion Offence Notice to a company, where practicable the notice should be given personally to an executive officer of the company, at which time the police officer is to explain to the owner (executive officer) what the notice requires and the consequences of not complying with the notice. If this is impracticable, service on a company of the Evasion Offence Notice can be made in accordance with the provisions of s. 39: 'Service of documents' of the Acts Interpretation Act.
The explanation required to be given to the owner, or nominated person, who is an individual, when giving the owner, or nominated person, the notice is to be in the following terms:
'This notice requires you as the ('owner of the motor vehicle' or 'person nominated by …….. as the person using the motor vehicle') identified in the notice, within four business days, to give a declaration. If you do not give the police officer named in this notice or the officer in charge of the stated police station or establishment a declaration as required under s. 755 of the PPRA within the time required, you are taken to be the driver of the motor vehicle involved in the evasion offence to which the Evasion Offence Notice relates, even though the actual offender may have been someone else.'
Who may be prosecuted if no response to Evasion Offence Notice
POLICY
Section 756: 'Who may be prosecuted for an evasion offence if no response to evasion offence notice' of the PPRA provides that if a police officer gives an Evasion Offence Notice to a person under s. 755 and the person given the notice does not give a declaration as required within 4 business days, the person is taken to be the driver of the motor vehicle involved in the evasion offence to which the Evasion Offence Notice relates even though the actual offender may have been someone else. In such cases officers are to interview the owner or nominated person with a view to commencing a prosecution.
If the owner of the motor vehicle involved in the evasion offence or the nominated person states in a declaration the name of the person the owner or nominated person believes was using the motor vehicle when the evasion offence happened, officers are to interview the named person with a view to commencing a prosecution.
Defences and evidentiary provisions
POLICY
Section 757: 'Evidentiary provision' of the PPRA provides that in a proceeding for an evasion offence a certificate signed by the Commissioner and stating that on a stated day a stated person was the owner of a stated motor vehicle is evidence of what it states. In cases where a certificate is required for court purposes, requesting officers are to forward an e-mail to the Vehicles of Interest Unit, Police Information Centre, Brisbane, at 'Vehicles of Interest' for that purpose.
Officers are to provide details in the e-mail of the:
(i) motor vehicle identifying particulars (e.g. type of vehicle, registration number, VIN number, engine number);
(ii) date and time the motor vehicle's ownership details are to be certified;
(iii) date the certificate is required by the requesting officer; and
(iv) postal address for mailing of the certificate.
The Manager, Information Service Centre, Police Information Centre (see Delegation D 24.12) is to ensure that a QP688: 'Evidentiary certificate (Evasion Offence)' is completed and forwarded to the requesting officer by way of both e-mail and post.
Section 757(2) of the PPRA provides that an allegation or statement in a notice to appear or complaint alleging or stating any of the following is evidence of what it alleges or states:
(i) that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint the owner of a stated motor vehicle;
(ii) that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint of, or under, or over a stated age;
(iii) that a thing is or was a motor vehicle or of a particular class or description of motor vehicle.
When starting a proceeding for an evasion offence against a person by notice to appear or complaint and summons, officers are to include the appropriate allegation or statement in the relevant notice to appear or complaint and summons.
PROCEDURE
Section 770: 'Motor vehicle not to be sold etc. before application is decided' of the PPRA applies in relation to a motor vehicle that is the subject of an application for an impounding order or a forfeiture order and creates an offence for the owner of the motor vehicle to modify or sell or otherwise dispose of the motor vehicle until the application for the impounding order or forfeiture order is decided or otherwise ends.
Section 772: 'Defence' of the PPRA provides that in a proceeding for an impounding or forfeiture order under Chapter 22, it is a defence for an owner of the vehicle to prove that the evasion offence happened without the knowledge and consent of the owner.
Section 767: 'Community service instead of impounding or forfeiture order' applies if the relevant court is satisfied impounding or forfeiting a motor vehicle will cause severe financial hardship to an owner or usual driver of the motor vehicle and the person to whom the application relates was an adult when he or she committed the offence, or the last offence, to which the application relates. The court may, instead of ordering the impounding or forfeiture of the motor vehicle, order the person to perform community service.
When an officer starts a proceeding for an evasion offence, the officer should:
(i) question the owner about their knowledge and involvement in relation to the evasion offence (see s. 772: 'Defence' of the PPRA), and where appropriate obtain a statement; and
(ii) question the owner and, if applicable, the usual driver of the motor vehicle, as to any financial hardship that any impounding or forfeiture of the motor vehicle may cause and where appropriate obtain a statement.
11.16.2 Impounding and forfeiture of motor vehicles for evasion offences
POLICY
Officers who commence a prosecution for an evasion offence are to consider the provisions of Part 3: 'Obtaining impounding and forfeiture orders', and Part 4: 'Deciding applications' of Chapter 22 of the PPRA.
The application for an impounding order or a forfeiture order depends on whether the offender has previously been charged and/or convicted of an evasion offence. See Appendix 11.4: 'Flow chart impounding and forfeiture of motor vehicles for evasion offences' of this chapter.
Factors to be considered before applying for impounding or forfeiture orders
POLICY
Prior to making an application for an impounding or forfeiture order, officers should make inquiries to determine the owner of the motor vehicle involved in the evasion offence, including any holder of a security interest registered for the motor vehicle under the Motor Vehicles and Boats Securities Act. The requesting officer is to transmit a facsimile to the Registry of Encumbered Vehicle Securities (REVS) to inquire if the vehicle in question is subject to any encumbrances. The officer is to supply the registered number, engine number and chassis number of the vehicle (see Contact Directory of the Operational Procedures Manual). Additionally, to determine whether an application for an impounding order or a forfeiture order should be made, officers should consider whether:
(i) the owner of the motor vehicle was involved in the commission of the evasion offence;
(ii) the motor vehicle is still in possession of the owner;
(iii) the condition and value of the motor vehicle would support such application, e.g. the motor vehicle may be heavily damaged and irreparable at the time of applying for an impounding or forfeiture order; and
(iv) the owner of the motor vehicle involved in the evasion offence has agreed to transfer ownership of the vehicle to the State under s. 784: 'Voluntary transfer of ownership of motor vehicle to State' of the PPRA.
11.16.3 Application for an impounding order for an evasion offence
POLICY
An officer intending to make an application for an impounding order is to:
(i) establish whether the person charged with the evasion offence:
(a) has not previously been found guilty of an evasion offence committed within the relevant period; and
(b) establish whether an application for a forfeiture order under s. 759 of the PPRA should be made instead. See s. 11.16.4: 'Application for a forfeiture order for an evasion offence' of this chapter; and
(ii) complete a Form 110: 'Application for Impounding Order (Evasion Offence)';
(iii) lodge the completed application with the Registrar of the relevant court and;
(a) if the proceeding on the charge of the evasion offence, in relation to which the application for the impounding order is made, has not been decided, suggest to the Registrar that the hearing date for the application coincides with the next date set down for mention or hearing for the charge of the evasion offence; or
(b) if the proceeding on the charge of the evasion offence in relation to which the application is made has been decided, seek from the Registrar a hearing date which is as soon as possible after the charge has been decided and the person charged found guilty; and
ORDER
As soon as reasonably practicable after a date is set for the hearing of an application for an impounding order, the applicant officer is to ensure that a Form QP692: 'Advice to owner of date of hearing - (written notice)' is completed and given to the owner of the motor vehicle to which the application relates. Where there is more than one owner of the motor vehicle, a notice is required to be given to each of the owners. Where the owner of the motor vehicle is a child, and it is reasonably practicable to do so, the applicant officer is to ensure a Form QP692 is given to the child's parent or guardian (see s. 762(2) of the PPRA).
POLICY
The officer serving the Form QP692 should:
(i) advise the owner of the motor vehicle of the provisions of s. 770: 'Motor vehicle not to be sold etc. before application is decided' of the PPRA and record that advice was given in their notebook; and
(ii) complete the service details on the form and return it to the applicant officer for inclusion with the impounding order application documentation.
Hearing of an impounding order application
POLICY
The following documentation is required for the hearing of the impounding application and should be provided to the relevant police prosecutions corps or to the Office of the Director of Public Prosecutions, as appropriate, in sufficient time to allow for an examination by a prosecutor prior to the hearing of the application:
(i) an affidavit outlining the grounds for the application, including the owner's knowledge and involvement in relation to the evasion offence and statements made by the owner or, if applicable, the usual driver of the motor vehicle, as to any financial hardship that any impounding of the motor vehicle may cause. Additionally, the affidavit should include any perceived need that, if an impounding order for the motor vehicle is made by the relevant court, that for giving effect to the impounding order, the court authorises a police officer, without warrant, to enter any place the police officer reasonably suspects is a place that the motor vehicle may be found, and search for and impound the motor vehicle;
(ii) a copy of the Form 110: 'Application for Impounding Order (Evasion Offence)';
(iii) a copy of the Form QP692: 'Advice to owner of date of hearing - (written notice)' including service details;
(iv) a copy of the QP9: 'Court Brief' for the relevant evasion offence;
(v) any other statement/affidavit taken from the owner/s of the motor vehicle or other witnesses;
(vi) any criminal and/or traffic histories of the driver of the motor vehicle; and
(vii) a completed Form QP687: 'Impounding Order' document prepared for issuance by the relevant court. The correct particulars of the applicant officer and vehicle should be included on the 'Impounding Order' document in the appropriate spaces provided on the document.
11.16.4 Application for a forfeiture order for an evasion offence
POLICY
An officer intending to make an application for a forfeiture order is to:
(i) establish whether the person charged with the evasion offence has previously been:
(a) found guilty of one evasion offence committed on a previous occasion within the relevant period; or
(b) charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided; and
(ii) complete a Form 111: 'Application for Forfeiture Order (Evasion Offence)';
(iii) lodge the completed application with the Registrar of the relevant court and;
(a) if the proceeding on the charge of the evasion offence, in relation to which the application for the forfeiture order is made, or previous charge within the relevant period, has not been decided, suggest to the Registrar that the hearing date for the application coincides with the next date set down for mention or hearing for the not yet decided evasion offence charge; or
(b) if all proceedings relating to evasion offences have been decided, seek from the Registrar a hearing date which is as soon as possible after the charges have been decided and the person charged found guilty; and
ORDER
As soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order, the applicant officer is to ensure that a Form QP692: 'Advice to owner of date of hearing - (written notice)' is completed and given to the owner of the motor vehicle to which the application relates. Where there is more than one owner of the motor vehicle, a notice is required to be given to each of the owners. Where the owner of the motor vehicle is a child, and it is reasonably practicable to do so, the applicant officer is to ensure a Form QP692 is given to the child's parent or guardian (see s. 762(2) of the PPRA).
POLICY
The officer serving the Form QP692 should:
(i) advise the owner of the motor vehicle of the provisions of s. 770: 'Motor vehicle not to be sold etc. before application is decided' of the PPRA and record that advice was given in their notebook; and
(ii) complete the service details on the form and return it to the applicant officer for inclusion with the forfeiture order application documentation.
Hearing of a forfeiture order application
POLICY
The following documentation is required for the hearing of the forfeiture application and should be provided to the relevant police prosecutions corps or to the Office of the Director of Public Prosecutions, as appropriate, in sufficient time to allow for an examination by a prosecutor prior to the hearing of the application:
(i) an affidavit outlining the grounds for the application, including the owner's knowledge and involvement in relation to the evasion offence and statements made by the owner or, if applicable, the usual driver of the motor vehicle as to any financial hardship that any impounding of the motor vehicle may have. Additionally, the affidavit should include any perceived need that, if a forfeiture order for the motor vehicle is made by the relevant court, that for giving effect to the forfeiture order, the court authorises a police officer, without warrant, to enter any place the police officer reasonably suspects is a place that the motor vehicle may be found, and search for and take possession of the motor vehicle for the State;
(ii) a copy of the Form 111: 'Application for Forfeiture Order (Evasion Offence)';
(iii) a copy of the Form QP692: 'Advice to owner of date of hearing - (written notice)' including service details;
(iv) a copy of the QP9: 'Court Brief' for the relevant evasion offence;
(v) any other statement/affidavit taken from the owner/s of the motor vehicle or other witnesses;
(vi) any criminal and/or traffic histories of the driver of the motor vehicle; and
(vii) a completed Form QP689: 'Forfeiture Order' document prepared for issuance by the relevant court. The correct particulars of the applicant officer and vehicle should be included on the 'Forfeiture Order' document in the appropriate spaces provided on the document.
11.16.5 Impounding orders or forfeiture orders - powers and duties
POLICY
Section 775: 'Powers for enforcing court order' of the PPRA provides specific powers for police when a relevant court makes an impounding order or a forfeiture order.
Officers are to comply with the provisions of this section and in particular any authorities contained within the impounding or forfeiture order made by the relevant court.
Regional assistant commissioners are to ensure that appropriate holding yards are available for holding motor vehicles impounded under an impounding order or taken possession of under a forfeiture order under Chapter 22 of the PPRA.
When an officer arranges for a motor vehicle impounded or forfeited to the State under Chapter 22 of the PPRA and the officer signs a towing authority for the motor vehicle, if appropriate, the police officer impounding or taking possession of the motor vehicle is to direct the driver of the tow truck, towing the motor vehicle under a towing authority, to tow the motor vehicle to a particular holding yard.
ORDER
Section 776: 'Duties of police officer after impounding or seizing motor vehicle' imposes obligations on officers following the impounding of a motor vehicle under an impounding order or taking possession of a motor vehicle under a forfeiture order under Chapter 22 of the PPRA.
After impounding a motor vehicle under an impounding order or taking possession of a motor vehicle under a forfeiture order, a police officer is to move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.
If the motor vehicle is impounded, the police officer impounding the motor vehicle is to ensure that a Form QP690: 'Recovery Details For Impounded Motor Vehicle (Evasion Offence)' is fully and accurately completed and given to the owner of the motor vehicle.
POLICY
The officer impounding a motor vehicle under an impounding order or taking possession of a motor vehicle under a forfeiture order under Chapter 22 of the PPRA is to:
(i) ensure that a copy of the relevant court order is scanned and attached as an external document to the relevant QPRIME occurrence; and
(ii) send a QPRIME task to the Officer in Charge, State Traffic Support Branch [0782] as soon as practicable after the impounding or forfeiture.
The Officer in Charge, State Traffic Support Branch, is to ensure that the information received is collated and appropriately maintained.
11.16.6 Release and recovery of motor vehicle after impoundment period ends
ORDER
When the period for which a motor vehicle is impounded under a court order under Chapter 22 ends, and the owner of the motor vehicle requests to recover the motor vehicle from the holding yard at which it is kept, the motor vehicle is to be released to the owner or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made.
11.16.7 Liability for costs of impounding
POLICY
At the time when the motor vehicle is being recovered, the owner should be required to produce satisfactory evidence of ownership of the motor vehicle.
Sections 778: 'Liability to pay costs of impounding - adult driver', 779: 'Liability to pay costs - child driver' and 780: 'Payment of costs if motor vehicle not recovered' outline the liability to pay the costs associated with the removing and keeping of a motor vehicle impounded for an evasion offence and after the period of impounding ends where the vehicle is not recovered.
In relation to adults (drivers/owners) found guilty of an evasion offence, officers are to request payment of all costs associated with the removing and keeping of a motor vehicle impounded for an evasion offence and, if applicable, the costs of keeping the motor vehicle for each day after the period of impounding ends if a person who is entitled to recover the motor vehicle fails to recover it.
Should such costs not be paid at the time the motor vehicle is recovered, and these costs are paid by the Service and no court order for payment of costs has been issued, the impounding officer is to furnish a report to their district officer requesting that a letter demanding payment be forwarded to the person liable to pay the costs. The report should include copies of the impounding order and invoices and also information as to any previous requests made as to payment of costs.
District officers upon receiving such reports are to forward a letter to the person liable to pay the costs requesting payment within 21 days and that if payment is not received within that time that a court order for the payment of such costs will be obtained.
Should payment not be received within the stated time, district officers are to return the relevant file to the impounding officer instructing that officer to apply to a relevant court for an order for payment of the costs against the person liable to pay the costs.
In relation to a motor vehicle impounded for an evasion offence, if the driver or owner of the motor vehicle was a child when he or she committed the offence for which it was impounded, the child is liable to pay the costs of removing and keeping the motor vehicle if the relevant court orders under s. 768 the child or the child's parent to pay the costs. No request for payment of costs should be made.
Where a court order has been issued under s. 768, the impounding officer is to furnish a report to the regional/command/divisional finance manager in accordance with s. 11.16.8: 'Obtaining order for payment of costs' of this chapter.
11.16.8 Obtaining order for payment of costs
POLICY
Where an impounding officer seeks to make application to a court for an order as to costs of impounding and keeping a motor vehicle under Chapter 22 of the PPRA, the officer is to start a civil proceeding in a court for a court order as to costs following the procedure outlined in s. 13.36: 'Starting a civil proceeding' of the Operational Procedures Manual.
When a court order for payment of costs against the person liable to pay the costs is made, the impounding officer is to furnish a report to the regional/command/divisional finance manager (see Delegation D 24.48). The report should outline brief circumstances giving rise to the evading offence, the outstanding costs associated with the impounding of the motor vehicle and reference should be made to the order for payment of costs with a request that the finance manager recover the costs or alternatively give particulars of the costs to the Registrar for registration under the State Penalties Enforcement Act. A copy of the order should be attached to the report.
Finance managers upon receiving the report together with the copy of the court order for payment of costs against the person liable to pay the costs are to give the person liable to pay the costs, and mentioned in the court order, a letter of demand for payment of the costs with a copy of the court order. See Appendix 11.5: 'Example letter of demand (Evasion Offence Impounding Order Costs)' of this chapter for a letter of demand under s. 781 of the PPRA.
If the person liable to pay the costs fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand or the longer period agreed to by the finance manager, particulars of the costs are to be given to the Registrar, State Penalties Enforcement Registry in cases where the order is made against an adult.
Appendix 11.6: 'Example letter to Registrar (SPER) (Evasion Offence Impounding Order Costs)' is a suggested format of a letter to the Registrar, State Penalty Enforcement Registry, when giving particulars of the unpaid costs. Finance managers are to attach a copy of the letter of demand and the relevant court order to the letter to the Registrar.
11.16.9 Sale, transfer or disposal of impounded or forfeited motor vehicle
Section 783: 'Sale of motor vehicle if not recovered after impounding ends', s. 784: 'Voluntary transfer of ownership of motor vehicle to State' and s. 785: 'Disposal of forfeited motor vehicle' of the PPRA empower the Commissioner to sell or otherwise dispose of motor vehicles and anything in or on them. The Commissioner's powers under these three sections have been delegated to assistant commissioners, commissioned officers and officers in charge of stations or establishments. The delegation is conditioned that 'the power is to be exercised in accordance with applicable legislative provisions and relevant Service policy' (see Delegation D 24.49).
Sale of motor vehicles if not recovered after impounding ends
POLICY
Section 783 of the PPRA provides that if, within two months after a period of impounding of a motor vehicle ends, the owner of the motor vehicle does not recover it, the Commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the Commissioner considers appropriate.
Property officers and impounding officers are to monitor the impounding and recovery of motor vehicles subject to impounding orders and in the eventuality that a vehicle is not recovered by the owner within two months after the period of impounding of the motor vehicle ends, the impounding officer for that motor vehicle is to report the non-recovery to a delegated officer.
Upon receipt of the report, the delegated officer may sell the motor vehicle and anything in it or on it or dispose of it as provided by the relevant legislation, in accordance with the delegated power, the provisions of Chapter 4 of the Operational Procedures Manual and local standing operating procedures. For the purpose of giving written notice of the proposed sale or disposal of the motor vehicle to the owner as required by s. 783(3), a QP693: 'Notice to Owner of Proposed Sale of Motor Vehicle' should be used.
The proceeds of the sale are to be dealt with in accordance with s. 786: 'Application of proceeds of sale' of the PPRA.
Disposal of forfeited motor vehicles
POLICY
Section 785: 'Disposal of forfeited motor vehicle' of the PPRA provides that the Commissioner may dispose of a motor vehicle forfeited to the State under this chapter in the way the Commissioner considers appropriate, including by selling it.
Upon obtaining a forfeiture order the applicant officer is to report that fact together with a copy of the forfeiture order to a delegated officer.
Upon receipt of the report, the delegated officer is to dispose of the motor vehicle forfeited to the State as provided by the relevant legislation, in accordance with the delegated power, the provisions of s. 4.8.4: 'Disposal of things forfeited to the State' of the Operational Procedures Manual and local standing operating procedures.
The proceeds of the sale are to be dealt with in accordance with s. 786: 'Application of proceeds of sale' of the PPRA.
Voluntary transfer of ownership of motor vehicle to State
POLICY
Section 784: 'Voluntary transfer of ownership of motor vehicle to State' of the PPRA provides that the owner of a motor vehicle, involved in an evasion offence for which a proceeding against the driver or owner is started, may agree to transfer ownership of the vehicle to the State.
Owners of a motor vehicle involved in an evasion offence for which a proceeding against an owner or driver is started should be made aware of the provisions of s. 784 and in cases where an owner agrees to transfer ownership of the motor vehicle to the State, officers are to ensure that the agreement entered into by the owner is written and witnessed by a person who may witness a statutory declaration. Additionally, any such agreement is to be agreed to and signed by the appropriate officer (it is anticipated that the Minister for Police will delegate the Minister's power under s. 784(4) to the Commissioner who will subdelegate the power. See s. 55: 'Delegation by Minister' of the Constitution of Queensland Act).
Issue 15 - February 2009
