Car Impoundment and Licence Loss in Victoria

Written by Justin Chua, Principal Solicitor, Chua Tan Associates. Last reviewed 17 October 2026. General information about Victorian law, not legal advice.

This page is for drivers whose car has been impounded by Victoria Police or who face losing their licence, including international students and young drivers using a car owned by their parents, a partner or a company. Impoundment, licence loss and any court charge run on separate tracks, so it helps to understand each one early.

Hoon offences that can lead to impoundment

“Hoon offence” is the term used for offences listed under the Road Safety Act 1986 (Vic) impoundment laws. A single offence is enough for these, among others:

• driving while disqualified, suspended or unlicensed;
• drink-driving with a blood alcohol concentration of 0.10 or more;
• speeding 45 km/h or more over the limit, or driving at 145 km/h or more in a 110 km/h zone;
• deliberately causing a skid, smoke or excessive noise (for example, burn-outs);
• disobeying a police direction to stop;
• carrying more passengers than there are seat belts; and
• taking part in or organising a speed race.

Some offences, including drug driving and drink-driving under 0.10, count as hoon offences only if they are a second offence within six years. The laws apply only if the offence was listed at the time it happened.

Police impoundment: up to 30 days

Police can impound or immobilise a vehicle for up to 30 days if they believe it was used in a hoon offence in the previous 48 hours, even if they do not know who was driving. If they do not act within 48 hours, they can serve a surrender notice on the registered owner, generally within 10 days of the offence, 42 days for speed camera detections, failing to stop or police pursuits, and up to three months for drink or drug driving where a blood or saliva sample was needed.

Who pays, and getting the car back

• The person collecting the vehicle pays the storage costs when the impoundment ends. Victoria Police says it does not offer payment plans and requires full payment on collection.
• You need 100 points of identification. A company-registered vehicle requires an ASIC company extract, and someone collecting for the registered operator needs a Third Party Authority form.
• Vehicles that are not collected can be treated as abandoned after a further notice period (14 days for vehicles impounded on or after 25 August 2021).
• A person whose interests are substantially affected can apply to the Magistrates’ Court under section 84O for release on the ground of exceptional hardship, and can ask for an order that they not pay all or part of the impoundment costs.

When the car belongs to someone else

Impoundment follows the vehicle, not the driver. A car registered to a parent, partner, employer or company can be impounded because of how someone else drove it, and its value or ownership does not change that. The registered owner may be the person served with a surrender notice.

• At court, a magistrate can still make an impoundment or forfeiture order against a vehicle that someone else was driving. The owner must explain why the order would cause exceptional hardship to them or someone else.
• Undertakings. The court may accept a promise from the owner not to let the driver use the vehicle for a set period. Breaching it may lead to impoundment, immobilisation or sale of the vehicle.
• Owners overseas. If the owner lives overseas, someone in Victoria will usually need written authority and identification to collect the car, and the owner may need to give evidence about hardship by affidavit or by video.
• Company cars. The company, not just the driver, has an interest in the outcome. Directors should get advice before the hearing about the vehicle, and check finance and insurance terms.

Court-ordered impoundment and forfeiture

If a driver is found guilty of a hoon offence and has one other hoon offence in the past six years, a court can order the vehicle impounded or immobilised for up to three months. With two or more other hoon offences in that period, the court can order forfeiture: ownership passes to the government and the vehicle is sold or destroyed. The order is generally made unless it would cause exceptional hardship to any person, including the driver, which is a hard test to meet. In some situations, the order is mandatory. Victoria Police says that once a Notice of Application is served, the vehicle must not be sold or transferred until the court matter is finished.

Losing your licence

Excessive speed

Excessive speeding brings a minimum licence suspension of 3 months (25 to under 35 km/h over the limit), 6 months (35 to under 45 km/h over) or 12 months (45 km/h or more over), and at least 3 months for driving at 130 km/h or more.

Demerit points

Full licence holders who reach 12 points in three years (learner and probationary drivers 5 points in 12 months) face a suspension of 3 months plus 1 month for every 4 extra points, or can choose a 12-month good behaviour period. Two or more further demerit points during that period lead to a suspension of double the original length.

Drink and drug driving

• For a full licence holder’s first offence, the minimum licence cancellation is 6 months for a reading of 0.07 to under 0.10, rising in steps to 24 months for 0.24 or more. A magistrate can extend, but not reduce, these periods.
• Learner, probationary and other zero-alcohol drivers face cancellation and disqualification of at least 3 months.
• Police can suspend a licence immediately in some cases, including a reading of 0.10 or more on a full licence, 0.07 or more on a learner or probationary licence, a refusal charge, or a drink or drug driving offence in the past 10 years.
• Before getting a licence back, drink drivers must complete a behaviour change program, and an alcohol interlock is usually required for at least 6 months.

See Drink & Drug Driving.

International students and overseas licences

• VicRoads says an overseas licence can only be used if you plan to live and drive in Victoria for less than six months; after that, it must be converted to a Victorian licence.
• You cannot drive on an overseas licence if you have been disqualified or suspended from driving in any country, and Victoria’s demerit point system has applied to overseas licence holders since July 2015.
• Driving while suspended or disqualified is itself an offence carrying up to 2 years’ imprisonment or 240 penalty units (Road Safety Act 1986 s 30), and it is also a hoon offence. See Driving While Disqualified or Suspended.

Visa, study and other consequences

• Visa. Paying an infringement notice deals with the offence without a court hearing. A court conviction is different: Home Affairs asks applicants to declare convictions, and repeated or serious driving offences can lead to imprisonment. A total of 12 months or more fails the character test (Migration Act 1958 s 501(7)).
• Study. Student visa holders must meet enrolment and course requirements (condition 8202). If custody or a court matter affects attendance, get advice early.
• Work and insurance. Driving jobs, employer checks and insurance can all be affected. Check your policy terms.

How we can help

• Checking whether the offence was a listed hoon offence at the time, and whether notices were served in time.
• Hardship applications for early release, and representing owners whose car was driven by someone else.
• Preparing a plea that addresses licence loss, impoundment and the need for transport for work or study.
• Considering visa consequences alongside the driving matter. Justin Chua, our Principal Solicitor, advises in English and Mandarin. Our firm, Chua Tan Associates, has practised in Melbourne since 1990, includes two Law Institute of Victoria Accredited Specialists in Immigration Law, Kin Wee Chua and Chit Thian Chua, and works with lawyers overseas on cross-border matters.

Facing court soon? See urgent help or book a priority consultation.

Chinese-language versions of this page: 简体中文 ｜ 繁體中文.

Frequently asked questions

Can police impound my parents’ car if I was driving?

Yes. Impoundment follows the vehicle. The owner can apply for release on the ground of exceptional hardship, and at a later court hearing can argue hardship or offer an undertaking not to let the driver use the car.

How long can my car be impounded?

Police can impound it for up to 30 days. A court can order up to 3 months where there is one other hoon offence in six years, or forfeiture where there are two or more.

Who pays the impound costs?

The person collecting the car pays storage costs on collection, and Victoria Police does not offer payment plans. A hardship application can ask the court to waive all or part of the costs.

Can I keep driving on my overseas licence after a Victorian suspension?

No. VicRoads says you cannot drive on an overseas licence while you are suspended or disqualified in any country.

Does a speeding fine affect my visa?

Paying an infringement deals with the offence without going to court. Court convictions may need to be declared, so get advice before you decide to contest or plead.

Penalties and procedures on this page reflect Victorian and Commonwealth law as at the review date shown above. Maximum penalties are rarely imposed; the sentence in any case depends on its own facts.