Vehicle Impoundment, Immobilisation & Forfeiture in Victoria – Know Your Rights

Mar 31, 2026

Amalia Vicze & Michael Sunderland

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If police have taken your car, most people feel blindsided and stressed straight away. One minute you are driving or at home, and the next you are being told the vehicle has been seized or is about to be taken away. For many people, the car is essential for work, family, medical needs, or daily life. Sometimes the person reading this was not even the driver. That shock and lack of control is what makes this situation so overwhelming.

This page explains how vehicle impoundment, immobilisation, and forfeiture actually work in Victoria. It explains what police are allowed to do, what usually happens in practice, and when you can challenge what has been done. It is written for people dealing with this right now, not as a legal textbook.

What Are the Hoon Laws in Victoria?

Victoria’s hoon laws were introduced to target driving that police consider dangerous, reckless, or a serious risk to public safety. They are designed to stop behaviour quickly by taking the vehicle off the road, rather than waiting months for a court outcome.

These laws sit mainly under section 84 of the Road Safety Act. When they were first introduced, they were used sparingly. Over time, they have been expanded and are now used far more often. Police have dedicated processes and holding yards specifically for impounded vehicles.

A key point many people do not realise is that impoundment is not a court penalty at the start. It is an immediate police power. That is why it can happen before you have been found guilty of anything. This is also why it can feel unfair or extreme, even when the charge itself is still being disputed.

When Can Police Seize or Impound Your Car?

Police can seize and impound a vehicle if they have a reasonable belief that a relevant hoon offence has been committed. Reasonable belief does not mean the offence has been proven. It means police believe, based on what they observed or were told about an offence that may have occurred.

Under section 84F of the Road Safety Act, police can impound or immobilise a vehicle for a designated period of 30 days. This happens immediately. There is no warning period and no court hearing first.

Ownership does not protect the vehicle. It does not matter who owns the car. It does not matter if the owner was not present. If police believe the vehicle was used in a relevant offence, they can take it. This is one of the hardest aspects of these laws for families, because innocent owners can be caught up in someone else’s mistake.

List of Offences That Can Lead to Immediate Impoundment

The list of offences that allow police to impound a vehicle is broader than many people expect. Some of the more common offences include drink driving with a blood alcohol reading of 0.10 or higher, loss of traction offences such as burnouts, dangerous or reckless driving, driving at 45 kilometres per hour or more over the speed limit, driving while suspended or disqualified, failing to stop when directed by police, and certain careless driving offences involving improper use of a vehicle.

Other offences include street racing or speed trials, excessive speeding in heavy vehicles, breaching alcohol interlock conditions, deliberately creating unnecessary noise or smoke from the wheels, and some driving offences committed while being pursued by police.

There are also offences that become hoon offences if they happen again within a set period. For example, lower-range drink driving or drug driving offences can trigger impoundment if the driver has committed the same type of offence before.

Because the list is long and technical, many people are shocked to learn that their situation qualifies. This is one reason why early advice matters.

My Car Was Impounded — What Happens Next?

Once police seize a vehicle, they can either have it towed to a holding yard or immobilise it where it is. Immobilisation usually means wheel clamps or other devices that stop the car from being driven. The choice depends on the situation and what police consider appropriate.

The vehicle will remain impounded or immobilised for the designated period, usually 30 days for an initial impoundment. Storage fees and towing costs continue to build during this time. These costs are often significant and are usually the responsibility of the owner.

You cannot access or use the vehicle during this period unless the court orders its release. Simply needing the car for work or family reasons does not automatically change this.

Can You Appeal a Car Impoundment?

Yes, it is possible to appeal an initial impoundment or immobilisation under section 84O of the Road Safety Act. This is done through the Magistrates’ Court.

To succeed, you must show that the impoundment is causing exceptional hardship. This is a higher test than inconvenience or stress. Courts see hardship every day. Exceptional hardship means something out of the ordinary that seriously affects you or another person.

Examples that sometimes succeed include being the sole carer for a person with significant medical needs, living in a remote area with no practical transport alternatives, or situations where the impoundment causes serious and disproportionate harm to someone who was not involved in the offence.

These applications require evidence. Magistrates expect documents, medical reports, employer letters, and a clear explanation of why the hardship is exceptional. Many appeals fail because they are rushed or poorly prepared.

The court also has the power to reduce or remove some of the costs associated with the impoundment if the appeal succeeds.

I Wasn’t the Driver – Can I Still Get My Car Back?

This is one of the most common and distressing situations. A parent, partner, or employer finds out their car has been impounded because someone else was driving it.

The law allows owners who were not the driver to apply to the court for the release of the vehicle. These applications can be made while the vehicle remains impounded or immobilised.

The court will look at who owns the vehicle, what the owner knew or should have known about the driver’s behaviour, and whether keeping the vehicle impounded causes exceptional hardship. Again, this is not automatic. Evidence matters.

Courts are generally more receptive when the owner genuinely had no knowledge of the risk and relies heavily on the vehicle for essential needs. These cases are fact-specific, and preparation is critical.

Can the Police Permanently Forfeit My Vehicle?

Yes, in some cases police can apply to permanently forfeit a vehicle to the state. Forfeiture means you lose the car entirely. It does not come back.

Forfeiture usually arises after a person is found guilty of certain hoon offences, particularly repeat offences within a set period. The prosecution can apply for forfeiture as part of the court process.

Whether forfeiture is mandatory or discretionary depends on the offence and the driver’s history. In some repeat situations, the court must order further impoundment, immobilisation, or forfeiture unless limited exceptions apply.

Importantly, forfeiture can occur even if the driver does not own the vehicle. This is one of the most serious risks under the hoon laws.

How to Fight a Vehicle Forfeiture Application

A forfeiture application can be opposed, but it must be done carefully. Simply saying the car is needed or valuable is rarely enough.

Common arguments include showing the vehicle was used without the owner’s knowledge, that it was stolen, or that forfeiture would cause extreme and unjust consequences to an innocent third party. In some cases, avoiding licence disqualification can also affect whether forfeiture is mandatory.

These are complex applications that run alongside the main traffic case. Mistakes can cost you the vehicle permanently. This is one area where experienced legal representation often makes a real difference.

Should I Get a Lawyer for a Hoon Offence or Vehicle Forfeiture?

Hoon law matters move quickly and carry serious consequences. A lawyer cannot undo what has already happened on the roadside, but they can assess whether an appeal is realistic, prepare evidence properly, and protect you from making things worse.

Self-represented applications often fail not because the situation is hopeless, but because the court is not given the right information in the right way. A lawyer’s role is to manage risk, limit damage, and put your case forward clearly.

If your situation also involves related driving charges, it helps to understand how traffic matters usually progress through court.

You can read more about what happens in court for driving offences here.

You may also find it useful to read about related offences such as careless driving or driving while suspended.

Get Urgent Legal Help for Impounded Vehicles

Vehicle impoundment and forfeiture can turn life upside down very quickly. Costs add up, options narrow, and deadlines matter. Waiting too long can remove choices you might otherwise have had.

If your car has been impounded, immobilised, or you are facing a forfeiture application, getting advice early can make a real difference. You can contact William Archer Defence Lawyers here.

Speaking to a traffic offence lawyer early can help you understand your position and decide what to do next before the situation gets worse.