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Court to order forfeiture of motor vehicle for reckless or dangerous driving, etc.

Road Traffic Act 1961

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where any person has been convicted of an offence under —(a)section 64(1) as a serious offender in section 64(2)(c) or (2A)(c), or as a serious repeat offender in section 64(2)(d) or (2A)(d); or(b)section 65(1) as a serious offender in section 65(2)(c) or (3)(c), or as a serious repeat offender in section 65(2)(d) or (3)(d),and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless the court is satisfied that —(c)the person who has committed the offence is not the owner of the motor vehicle; and(d)the person who has committed the offence had used the motor vehicle without the consent of the owner.(2) Where any person has been convicted of an offence under section 64(1) as an offender or a repeat offender in section 64(2)(a) or (b), or section 26(2) of the Police Force Act 2004 (which offence is committed on or after 1 November 2019), and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless —(a)the court is satisfied that —(i)the person who has committed the offence is not the owner of the motor vehicle; and(ii)the person who has committed the offence had used the motor vehicle without the consent of the owner; or(b)the court has other good reasons for ordering otherwise.(3) Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed an offence mentioned in subsection (1) or (2), may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar.(4) If there is no prosecution with regard to an offence mentioned in subsection (1) or (2), any motor vehicle seized pursuant to subsection (3) in relation to the offence must be released at the end of one month starting from the date of seizure if it is not earlier released.(5) In this section, a repeat offender, a serious offender or a serious repeat offender, in relation to an offence under section 64 or 65, has the meaning given by section 64 or 65, respectively.

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