Releasing an Impounded Vehicle
Having a car held is confusing for owners: where is it, when will it be released, and who answers for any damage? The answer depends on why it was held, since a traffic impound differs from seizure in a criminal case. The office of Ali Barakat in al-Yarmouk, Baghdad, covers both under the laws in force.
Holding for a set period
Traffic Law No. 8 of 2019 puts a time ceiling on each traffic impound. Article 28(6) lets a traffic officer hold a vehicle for at most five days where its driver commits an offence in article 25(1), such as running a signal, speeding or driving against the flow. Article 32 raises the ceiling to ten days where the driver had no licence or a withdrawn or cancelled one. Once the period ends, there is no basis for keeping the traffic hold in place.
Holding until the cause is removed
Some items in article 25 tie the hold to removing the offence rather than to time: a car with tinted glass or curtains is held until they are removed, and one driven without plates is held until plates are fitted. Release then depends on the owner showing the cause has gone, for instance by proof that plates were issued.
Unregistered vehicles
Article 3(4) lets a traffic officer hold an unregistered vehicle, with the owner bearing the holding costs. If the owner does not prove lawful entry into Iraq with registration documents within thirty days, the vehicle is passed to the General Customs Authority to be dealt with under customs law. This is the shortest window and the one with the heaviest consequence.
Towing and storage
Article 40 requires traffic police to tow any vehicle ordered held by a competent body and place it with a third party at the owner's expense until the period ends, and allows towing of vehicles parked unlawfully, on pavements or blocking traffic. Article 41 makes traffic police answerable for damage to the vehicle during towing or holding, while the owner pays the towing charge. Photographing the car on collection and noting any damage on the release record before signing is therefore sensible.
Vehicles seized in a criminal case
After a serious accident the investigating judge may order the car seized as evidence. That is governed not by the Traffic Law but by Criminal Procedure Code No. 23 of 1971. Article 308 lets the investigating judge or court decide on seized items at any stage, and article 310 returns them to whoever held them when seized. Article 313 allows release to be postponed where ownership is disputed until a civil court decides. A release request goes to the investigating judge with proof of ownership, once the technical inspection of the vehicle is complete.
Counting the period and the hold receipt
A fixed hold period runs from the actual day of holding, so the owner should keep the hold receipt or any paper showing its date, the storage location and the party holding the car. That paper shows when the period ends, records the car's condition on the day it was towed if damage appears on collection, and fixes the start of the thirty-day window for unregistered vehicles.
Documents usually needed
The registration document in the applicant's name or a power of attorney from the owner, a valid licence for whoever will drive it away, a receipt for any fine paid, and proof the cause was removed in tint and plate cases. For judicial seizure, the investigating judge's release order is added.
If the hold was wrong
A driver who thinks the offence behind the hold was wrong can use Objecting to a traffic fine within fifteen days. If the hold ran past its legal limit or the car was damaged, the owner may claim under article 41.
Legal basis and sources
- Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 3, 25, 28, 32, 40 and 41
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 308, 310 and 313
Frequently asked questions
What is the longest a traffic impound can last?
Five days for article 25(1) offences and ten days for driving without a licence, under articles 28 and 32, except where the hold lasts until the cause is removed.
Who pays for damage during the hold?
Traffic police, under article 41; the owner pays the towing charge.
Who orders release of a car seized after an accident?
The investigating judge or court, under articles 308 and 310 of the Criminal Procedure Code.
Related topics and articles
- 01Traffic Law: Offences and Vehicle ImpoundHow traffic fines work under Iraq Traffic Law No. 8 of 2019: the officer's authority, monitoring equipment, notice, doubling and reduction, impound, and licence withdrawal for repeat offences.
- 02Objecting to a Traffic FineHow to challenge a traffic fine under article 30 of Iraq Traffic Law No. 8 of 2019: the objection committee, the fifteen-day window, evidence and the effect of the decision.
- 03After a Collision or Run-Over: The Record and Your RightsLegal steps after a collision or run-over in Iraq: getting the injured person to hospital, reporting, the accident scene sketch, complaint before the investigating judge, notifying the insurer and preserving evidence.
- 04Compulsory Motor Insurance and Traffic CompensationIraq Compulsory Motor Insurance Law No. 52 of 1980: automatic cover, no-fault compensation, driver injury, unidentified vehicles, notice period and limitation.
- 05Civil Compensation Claim for a Traffic AccidentClaiming compensation for a road accident under the Iraqi Civil Code: material and non-material harm, dependants, the injured party's own fault, multiple wrongdoers, claiming before the criminal court, and limitation.