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Registrar’s power of inspection and seizure, etc.

Road Traffic Act 1961

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) The Registrar may, by written notice, require the owner of any vehicle in which any device or appurtenance has been installed for the purpose of this Part to produce the vehicle before the Registrar or an authorised officer at the time and place appointed by the Registrar in order that the Registrar or authorised officer may inspect or test the device or appurtenance.(2) The Registrar or authorised officer may remove from a vehicle which has been produced before him or her pursuant to subsection (1) any device or appurtenance which has been installed in the vehicle for the purpose of this Part if the Registrar or authorised officer is of the opinion that the device or appurtenance cannot be properly inspected or tested without being so removed.(3) If, upon inspecting the device or appurtenance, the Registrar or authorised officer is satisfied that there is or has been any contravention of any of the provisions of this Part or the rules made under section 34D concerning the device or appurtenance, the Registrar or authorised officer may remove the device or appurtenance from the vehicle and dispose of it in any manner that he or she thinks fit.(4) Any person who fails to comply with a notice issued under subsection (1) shall be guilty of an offence.(5) Where a person on whom a notice is served under subsection (1) fails to comply with the notice, the Registrar or an authorised officer may seize and detain the vehicle in order to carry out any inspection or test under subsection (1).(6) Where any vehicle is seized and detained under subsection (5), the Registrar or authorised officer must immediately inform the owner of the vehicle in writing of the seizure and detention and if the vehicle is not claimed by its owner within 3 months of the date of its seizure —(a)the Registrar or authorised officer may, after giving one month’s notice in the Gazette, sell the vehicle by public auction or otherwise dispose of the vehicle in any manner that he or she thinks fit; and(b)the proceeds (if any) from the sale or disposal of the vehicle must be applied in payment of any road-user charges which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section and the surplus (if any) must be paid into the Consolidated Fund, if unclaimed by the owner within a period of 12 months.

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