Omar Syed

The applicant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act, arguing that the vehicle was stolen by her husband (a suspended driver) and that the impoundment would cause exceptional hardship.

The Licence Appeal Tribunal dismissed the appeal, finding that the husband took the vehicle to buy milk for the family without intent to deprive the applicant of it, meaning it was not stolen.

The Tribunal also rejected the exceptional hardship claim because the applicant owned and had access to a second vehicle.

The applicant appealed the impoundment of her motor vehicle under the Highway Traffic Act, arguing the vehicle was stolen by her common-law spouse and that the impoundment caused exceptional hardship.

The Tribunal found that the applicant's spouse, a disqualified driver, took the vehicle without her knowledge or consent while she was sleeping, intending to temporarily deprive her of it.

The Tribunal concluded the vehicle was stolen at the time of impoundment and ordered the Registrar to release it, though it noted the exceptional hardship ground would have failed.