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In force2026 Revised Edition
Contents

Part · Powers of Police

84D. Power to seize vehicles

(1)

When a person is found or is reasonably believed to be using a vehicle in contravention of any provision of this Act or of any subsidiary legislation, order or prohibition made thereunder, or in contravention of the terms of the licence for the vehicle, any police officer, the Director, and any

Road Traffic 86

person authorised in writing by the Director on production of his authority, may, whenever it appears that the vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of the offence, take or cause to be taken, or require the person in charge of the motor vehicle to take it and any trailer attached thereto to a place directed by him to be kept there until released by order of a magistrate, the

Commissioner of Police or the Director, and if any person refuses or neglects to comply with any such requirement, he is guilty of an offence.

(2)

Any unauthorised person removing or causing any such vehicle to be removed from that place pending the order of a magistrate, the

Commissioner of Police or the Director is guilty of an offence.

(3)

If the owner of the vehicle is convicted of or has been permitted to compound an offence under this Act or under any subsidiary legislation made thereunder, the expenses incurred by the Commissioner of Police, police officer, Director or other authorised person in carrying out the provision of this section, shall be recoverable by or on behalf of the

Commissioner of Police and, in case of dispute or neglect to pay, be summarily ascertained by any Court of a Magistrate and may be recovered in the same manner as if they were fines imposed by that court.

(4)

When any vehicle is detained under this section, the

Commissioner of Police shall forthwith give notice in writing to the owner

(if his name and address are known to him) of the seizure and if it is not claimed by such owner within one month of the date of its detention, the

Commissioner of Police may, after giving one month’s notice published in the Gazette of his intention to do so, sell it by public auction or otherwise dispose of it.

(5)

The proceeds, if any, from such sale or disposal shall be applied in payment of any licence fees which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section and thereafter shall be applied in any damage caused to property of the

Government by the unlawful use of the vehicle, and the surplus, if any, shall be paid to the owner of the vehicle, or if not claimed by him within 12 months after the date of the sale or disposal, shall be forfeited to the Government.

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