News · Criminal law explainer
Can police seize your car in NSW?
Losing your car, not just your licence, is a real consequence of some driving offences in New South Wales. Police have powers to impound vehicles and confiscate number plates for a defined list of offences. This note explains when a car can be seized, how long it can be held, and how a person gets it back.
By Aaron Kernaghan · Published 3 September 2026
Yes, in defined cases. In NSW police can impound a vehicle or confiscate its number plates for certain driving offences, such as street racing, aggravated burnouts, and some repeat serious offences, under the sanctions in the Road Transport Act. A first offence usually means a short impounding or plate confiscation; a court can order longer impounding or forfeiture for repeat offending.
When can police seize or impound a car?
The Road Transport Act allows police to impound a vehicle, or confiscate its number plates, for certain sanctionable offences. These include street racing, aggravated burnout offences, some high-range speeding, police pursuits, and repeat instances of serious driving offences such as driving while disqualified.
The power is tied to that defined list. Being charged with an ordinary offence does not mean your car will be taken; the vehicle sanctions apply to the specific offences the Act names.
How long can they hold it?
For a first sanctionable offence, police can impound the vehicle, or confiscate the plates, for a set short period, commonly measured in months. For a repeat offence, police can impound again and the court can order a longer impounding or the forfeiture of the vehicle.
Forfeiture is the most serious outcome: the person loses the car for good. It is generally reserved for repeat offending, and a court decides it.
Whose car can be taken?
The sanctions can apply to the vehicle used in the offence, even if it is not owned by the driver. There are provisions to protect an innocent owner whose car was used without their knowledge, and to deal with hardship, but the starting point is that the vehicle involved can be seized.
An owner who was not the driver, and who did not consent to the use, can apply on that basis. The details depend on the circumstances.
How do you get your car back?
At the end of the impounding period the vehicle is released, usually on payment of towing and storage costs. Where a longer impounding or forfeiture is sought, that is dealt with by the court, and an owner can be heard.
A person can apply to the court in cases of hardship, or where they were not responsible for the offence. Acting promptly, and getting advice, gives the best chance of limiting the loss.
What else can follow?
The vehicle sanction is separate from the penalty for the driving offence itself, which can include a fine, disqualification, and a criminal record. The two run together, so a person facing a sanctionable offence is dealing with both the charge and the loss of the car.
Our notes on police pursuits and menacing driving cover offences that can trigger these sanctions, and removing a disqualification covers the licence side.
Frequently asked.
Can police take my car in NSW?
Yes, for certain sanctionable driving offences such as street racing, aggravated burnouts, some high-range speeding, police pursuits, and repeat serious offences. Police can impound the vehicle or confiscate its number plates.
How long can police impound my car?
For a first sanctionable offence, a set short period, commonly months, or plate confiscation. For a repeat offence, police can impound again and a court can order a longer impounding or forfeiture.
Can they take my car if I was not the owner?
The sanctions can apply to the vehicle used in the offence even if the driver does not own it. There are protections for an innocent owner whose car was used without their knowledge or consent.
How do I get my car back?
At the end of the impounding period the vehicle is released, usually on payment of towing and storage costs. A person can apply to the court in cases of hardship or where they were not responsible.
Is losing my car separate from the driving penalty?
Yes. The vehicle sanction is separate from the penalty for the offence itself, which can include a fine, disqualification, and a criminal record. Both apply together.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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