How much does it cost to get your car out of impound WA?

In this Division—

Approvedmeans approved by the Commissioner;

Commissionermeans the Commissioner of Police;

Day of the offence means the day on which the relevant offence was committed;

Hired, in relation to a vehicle, means a vehicle that—

(a) Is owned by a person whose business is the short term hire of vehicles; and

(b) Is part of the business’s fleet; and

(c) Under a written agreement, is hired for the hirer’s short term use;

Impounding offence (driver’s licence) means—

(a) An offence against section 49(1)(a) that is committed by a person described in section 49(3)(a), (b) or (c); or

(b) An offence against section 38(1)(a); or

(c) an offence committed before the coming into operation of the Road Traffic Amendment Act 2008 section 5(a) that was an impounding offence (driver’s licence) as defined in this section as in force when the offence was committed;

Impounding offence (driving) means an offence against section 60 or 62A committed after the coming into operation of the Road Traffic Amendment (Hoons) Act2009 section7 or an offence committed before the coming into operation of that section that was an impounding offence (driving) as defined in this section as in force when the offence was committed;

Impounding or confiscation order means a court order under section 80A(1), 80B(1), 80C(1), 80CA(1), 80CB(1) or 80FA;

Impounding order means a court order under section 80B(1), 80CA(1) or 80FA;

Impounding period means the period for which the vehicle is specified to be impounded;

lent in addition to the ordinary meaning of the word means hired in the ordinary meaning of that word, or subject to a hire purchase agreement within the meaning of that term in the Hire‑Purchase Act 1959 or subject to a goods mortgage in connection with a credit contract within the meaning of the National Credit Code (Commonwealth);

Road rage circumstances accompany the commission of an offence if—

(a) The offence is committed as a reaction to, and is to a substantial extent motivated by, an occurrence that takes place on a road, or in any place to which the public is permitted, whether on payment of a fee or otherwise, to have access, while—

(i) The offender is driving a vehicle on the road or in the place; and

(ii) A victim of the offence is using the same road or place, whether as the driver of, or a passenger in, another vehicle or otherwise;

Road rage offence means an offence the commission of which is accompanied by road rage circumstances, but only if it is—

(a) An offence of which it is an element that the offender—

(i) Assaults a victim; or

(ii) Damages property in the possession of, or under the control of, a victim;

or

(b) An offence against section60 in circumstances that involve the offender driving in a manner that is dangerous to a particular victim;

Senior police officer means a person appointed under the Police Act 1892 Part I to be a member of the Police Force of Western Australia who is, or is acting as, an inspector or an officer of a rank more senior than an inspector;

Surrender period, in relation to a vehicle, means the period specified under section 80F in an order as the period in which the vehicle is to be surrendered to the Commissioner;

Vehicle referred to in section 80GA means a vehicle for the impounding or confiscation of which an application may be made in accordance with section 80GA.

What does impounding mean?

Impounding is when a vehicle is taken away for a certain amount of time. Your keys to the vehicle are seized and the vehicle is taken to the place where it is to be stored. This may be done by the police or by a person contracted to assist the police.

Impounding may be carried out by the police if they suspect you have committed an offence, or ordered by a court when you are convicted.

If you are convicted of the offence that resulted in the impounding, you have to pay all the impounding costs. This includes towage and storage costs.  Usually, the police will not give your car back unless you pay these costs.

What does confiscating mean?

Confiscating a vehicle is when it is permanently taken away from you. Confiscation is mostly ordered by a court. In some circumstances a court may choose to impound rather than confiscate your vehicle. Whether your vehicle has already been impounded by police for the offence has no effect on the court's decision whether to confiscate your vehicle.

In very limited circumstances police may confiscate an unlicensed motorcycle that is used on a road.

What offences might result in my car being impounded or confiscated?

There are three different groups of impounding and confiscation offences:

1. Those relating to your driver’s licence:
   • Serious offences of driving without a valid licence, usually because your licence has been disqualified, cancelled or suspended (other than driving under a License Suspension Order imposed for failing to pay a fine or infringement), 

   • Driving contrary to certain important conditions on an Extraordinary Driver's Licence.

2. Those relating to the way you drive:
   • Reckless driving
   • Driving at or over 155 km/h
   • Driving at 45 km/h or more over the speed limit
   • Causing excessive noise or smoke.
3. Road rage offences:
   • Reckless driving or driving at reckless speed, in a way that is dangerous to a particular victim, or

   • Offences involving an assault or property damage, triggered by something that happened when you and the victim were out on the road.

How long can my vehicle be impounded for?

It depends on the type of offence.

• For offences relating to your driver’s licence the police mustimpound the vehicle for 28 days.
• For offences relating to the way you drive the police must impound the vehicle for 28 days for a first offence, and for 3 months for any following offence. 
• For road rage offences the court may order that the vehicle be impounded for a maximum of 6 months.

Can I get my impounded vehicle back early?

Yes, in certain circumstances it is possible to get an impounded vehicle back before the impounding period has ended. Some examples are where:

• your vehicle was stolen
• a senior police officer is not satisfied there were reasonable grounds for impounding your vehicle
• a senior police officer is satisfied you will suffer exceptional hardship if the vehicle is not released, or
• the charge that gave rise to the impounding is dismissed.

When can my vehicle be confiscated by the court?

It depends on the type of offence.

For offences relating to your driver’s licence, the court can confiscate your vehicle if you have been convicted of two offences in the 5 years before the date of your current offence. The court may choose to impound your vehicle for a maximum of six months instead.

For offences relating to the way you drive, the court can confiscate your vehicle for a first offence in certain circumstances. Further, the court can confiscate your vehicle if you have been convicted of two offences in the 5 years before the date of your current offence. The court cannot confiscate your vehicle if it was stolen, lent or hired. If your vehicle was lent the court may impound your vehicle for a maximum of six months instead.

For road rage offences, the court can confiscate your vehicle for a first offence.  

What happens if I'm not charged or convicted after my car is impounded by police?

If police impound your car but:

• do not charge you with an impounding offence within the next 12 months
• you are found not guilty of the impounding offence, or

• the impounding offence is withdrawn or dismissed,

  the vehicle must be returned to you.

If the impound fees have already been paid to release the vehicle, the person who paid the towing and storage costs can get a full refund. The refund form and instructions on what information you need to provide is available from the WA Police Vehicle Impound website.

More information

• WA Police - Vehicle impound
  Information on impounding offences, fees, Frequently Asked Questions, and relevant forms.

Reviewed: 28 May 2019

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