On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 31/12/2004.
123.
—(1) The Minister may make rules to provide for —
(a)
the removal and detention of any vehicle (including any trailer drawn or any load carried thereby) which —
(i)
constitutes a danger or unreasonable obstruction to traffic;
(ii)
appears to have been abandoned on a road; or
(iii)
is parked or permitted to stand on any road in contravention of any provision of this Act; or
(b)
the prevention of the removal of any vehicle referred to in paragraph (a)(ii) or (iii) by the fixing of an immobilisation device to the vehicle.
[11/96]
(2) No vehicle which has been removed and detained by the Deputy Commissioner of Police or to which an immobilisation device has been fixed in accordance with any rules made under this section shall be released to the owner of the vehicle except —
(a)
by or under the direction of the Deputy Commissioner of Police or an officer authorised by him; and
(b)
upon the owner of the vehicle having paid all expenses incurred by the Deputy Commissioner of Police or the authorised officer in that behalf, and such other charges as may be imposed under this Act,
and the vehicle shall remain at the risk of the owner of the vehicle until all such expenses and charges have been paid.
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(3) Any person who, without being authorised to do so in accordance with the rules, removes or attempts to remove —
(a)
any vehicle from any place at which it is being detained under the rules; or
(b)
an immobilisation device fixed to a vehicle in accordance with the rules,
shall be guilty of an offence.
[11/96]
(4) Where any vehicle which has been removed and detained by the Deputy Commissioner of Police or to which an immobilisation device has been fixed in accordance with the rules is not claimed by its owner within 3 months of the date of its detention or immobilisation, the Deputy Commissioner of Police may, after giving due notice in the Gazette and after giving not less than one month’s notice in writing to the owner (if the name and address of that person are known to him), sell the vehicle by public auction or otherwise dispose of the vehicle.
[11/96]
(5) The proceeds from the sale or disposal of any such vehicle shall be applied in the payment of any charges incurred in carrying out the provisions of this section and the rules made thereunder 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 shall be forfeited to the Government.
[11/96]
(6) Where, in pursuance of any rules made under this section, a vehicle has been removed and detained by the Deputy Commissioner of Police or an immobilisation device has been fixed to the vehicle, neither the Deputy Commissioner of Police nor any officer authorised by him to remove and detain the vehicle or to fix an immobilisation device thereto shall be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the Deputy Commissioner of Police or the authorised officer in the exercise of his powers under the rules or by any person acting under the direction of the Deputy Commissioner of Police or the authorised officer.
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(7) In this section, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of a type approved by the Minister for use for that purpose in accordance with rules made under this section.
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