It is a nuisance offence under Local Law No. 10 (Public Health) 1999 to abandon a vehicle on premises. Premises means any road, land, building or structure or part thereof. The object of the local law is to ensure that acts or omissions do not result in risks to public health, safety and loss of amenity.
An offence occurs under the following circumstances:
- When a vehicle has been abandoned on premises by the person who last drove or used it; or
- When an unregistered vehicle is parked on a road it is deemed to be abandoned.
Officers investigating complaints of abandoned vehicles have a number of enforcement options. The option taken will depend on the circumstances of the case and the risk to public health, safety and loss of amenity.Refer to the following:
If an abandoned vehicle is impounded it is towed away by Council, an assessment of the vehicles condition is made to determine its value and a disposal option.
Vehicles that have value:
- If the owner is located, they are issued with an advice letter.
- If the owner is not located, the vehicle is advertised as impounded below within 14 days of impounding. If unclaimed, is disposed of by auction.
Vehicles that have no value and where the owner cannot be located are impounded and may be disposed of as Council sees fit including being towed to the Browns Plains SmartTiP for disposal, e.g. burnt out vehicles, a vehicle without an engine, a vehicle severely damaged, a vehicle stripped of parts or wrecked, a vehicle dilapidated or rusted throughout.
Claims for impounded vehicles
Council will issue the owner of an impounded vehicle with an advice letter. A claim for a vehicle must be made within one month of the advice letter and accompanied by a completed Application for Release of Impounded Goods (PDF 42 KB), payment of the release fee and presentation of satisfactory ownership details, e.g. personal identification, registration papers, motor dealer documents, a statutory declaration. A person acting on the owner's behalf or claiming right to possession must also provide satisfactory evidence of their right to possession and authority to act on behalf of the owner.
All applications must be lodged at the Council Administration Centre.
If a successful claim is not made for the return of a vehicle within one month of notice then the vehicle will be disposed of in accordance with Local Law No. 2 (Administration) 2010, Section 42(5) Disposal of Vehicle.
Impounded vehicle auction
Council offers impounded vehicles for sale by public auction in accordance with Council's local law.
The next impounded vehicle auction will be advertised at a date yet to be determined.
For more information contact Council on 07 3412 5318.