Purser Law Blog

When can police tow my vehicle?

 There are multiple ways that a police officer can seize or remove (i.e., take and tow) your vehicle in Alberta. These reasons are outlined in the Vehicle Seizure and Removal Regulation. Examples of reasons a police officer could seize your vehicle include:

• Failing to move your vehicle after an accident;
• Abandoning your vehicle;
• Leaving your vehicle unattended while blocking traffic;
• Parking illegally;
• Parking in a way that is dangerous or hazardous;
• Not displaying a license plate.

Those are just a few examples. That said, police officers must still follow the law when towing your vehicle. If you’re unsure if your vehicle has been legally seized, contact an Edmonton Criminal Lawyer who can help you get your vehicle back.

 

Abandoned vehicles:

A vehicle will be considered abandoned when it’s been left on the road or private property without permission for more than 72 hours. Police can seize abandoned vehicles only after an abandoned vehicle notice is attached to the vehicle. This notice must include: the date and time of the notice; the location of the vehicle when the notice was issued; and a statement that the vehicle will be removed from its location if it is not removed within 72 hours. The vehicle can only be towed if it remains in the same location 72 hours after notice is provided.

 

Immobilized vehicles:

Police is Alberta also have the power to immobilize your vehicle. This means the police officer can make it impossible for you to move your car, often through wheel clamps or a “boot.” When police immobilize your vehicle, they must give notice. This notice must contain the following information:

• The name and address of the person driving the vehicle when it was immobilized;
• If the person driving the vehicle is not the owner of the vehicle, the name and physical address of the owner;
• The date and time that the vehicle was immobilized;
• The date and time that the immobilization expires;
• The section of the Traffic Safety Act which allows for the vehicle to be immobilized;
• When the immobilization ends and under what conditions.

 

Seizure or removal of vehicles:

Police also have the power to seize or remove vehicles. Any police officer who seizes or removes a vehicle must first give notice. This notice must include:

• The name and address of the person who was driving the vehicle at the time it was seized or removed;
• If the driver of the vehicle is not also the owner of the vehicle, the name and address of the owner of the vehicle;
• What section of the Traffic Safety Act allowed for the seizure or removal;
• If the vehicle is impounded, where it is impounded and the name of the area’s operator;
• The date and time that the seizure of the vehicle expires;
• Where applicable, whether the vehicle will be disposed of if it’s not claimed within 30 days.

 

Getting your vehicle back:

If your vehicle has been towed by police, you are able get your vehicle back from impound within 15 days of the following dates:

• If your vehicle was abandoned, the date and time the vehicle was removed by police;
• If your vehicle was immobilized, from the date and time that immobilization expires (this date would be included in your notice);
• If your vehicle was seized or removed, the date and time that the seizure expires or the removal happened.

If your vehicle has been impounded, it’s important that you get it back by the specified dates. If not, your vehicle may be deemed abandoned, and the police might dispose of it or destroy it.

 

If your vehicle has been impounded and you’re not sure what to do next, contact an Edmonton Criminal Lawyer, who can help you get it back.

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