On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/06/2013.
123A.
—(1) Without prejudice to section 123, an employee of the Authority or an agent authorised by the Authority may remove any stationary vehicle from an expressway.
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(1A) Any person who refuses to allow the employee or agent to exercise his power under subsection (1) or who obstructs the exercise of such power by the employee or agent shall be guilty of an offence.
(2) An employee or authorised agent of the Authority who has removed any vehicle from an expressway under subsection (1) shall take the vehicle to a parking place that is near to that part of the expressway from which the vehicle was removed.
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(3) A vehicle which has been removed from an expressway and taken to a parking place under this section shall remain at such parking place at the risk of the owner of the vehicle, and such owner shall be responsible for any parking charges incurred in respect of that vehicle while it remains at that parking place.
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(4) An employee or authorised agent of the Authority who has removed a vehicle from an expressway and taken it to a parking place under this section shall with all reasonable despatch give to the owner of the vehicle (if his name and address are known) notice in writing of the removal and the location of the parking place to which the vehicle has been taken, and shall in such notice inform such owner of the procedure by which he may claim the vehicle.
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(5) Any person who without the authority of an employee of the Authority removes any vehicle from a parking place to which it has been taken under subsection (2) or otherwise tampers with such vehicle shall be guilty of an offence.
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(6) Where a vehicle has been removed from an expressway and taken to a parking place under this section, neither the Authority nor any of its employees or authorised agents who effected the removal shall be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the Authority or by any of its employees or authorised agents in the exercise of their powers under this section or by any person acting under the direction of any employee or authorised agent of the Authority.
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(7) The costs and expenses (as determined by the Authority) of removing any vehicle and of taking the vehicle to a parking place under this section shall be borne by the owner of the vehicle and if such costs and expenses are not paid upon demand therefor, they may be recovered from the owner of the vehicle as a debt due to the Authority.
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(8) If a vehicle is not claimed by its owner within one month of the date on which it was taken to a parking place under subsection (2), the Authority, after giving one month’s notice in the Gazette of its intention to do so, may sell the vehicle by public auction or otherwise dispose of the vehicle.
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(9) The proceeds, if any, from the sale or disposal of any vehicle under subsection (8) shall be applied in payment of —
(a)
firstly, any charges incurred in carrying out the provisions of this section; and
(b)
secondly, any damage that may have been caused to any property of the Government by any unlawful use of the vehicle,
and the surplus, if any, shall be paid to the owner of the vehicle or, if not claimed by the owner of the vehicle within 12 months after the date of the sale or disposal, shall be forfeited to the Government.
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(10) The Authority may waive, in whole or in part, the costs and expenses of the removal of a vehicle as referred to in subsection (7).
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(11) Except as provided in subsection (1), any person who, without the prior authorisation of the Authority, tows any stationary vehicle from a tunnel forming part of an expressway shall be guilty of an offence.
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(12) In this section —
“expressway” means any road which is prescribed by the Minister by order published in the Gazette to be an expressway for the purposes of this section;
“parking charges” means the charges which are prescribed under section 9 of the Parking Places Act (Cap. 214) as being payable by the owner of a vehicle for the use of any parking place.
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