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Court to order forfeiture of vehicle for person driving motor vehicle without driving licence

Road Traffic Act 1961

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—(1) Where a person convicted of an offence under section 35(3) (committed on or after 1 November 2019) is a repeat offender 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 convicted is not the owner of the motor vehicle; and(ii)the driver of the motor vehicle in relation to which the offence is committed had driven the motor vehicle without the consent of the owner; or(b)the court has other good reasons for ordering otherwise.(2) Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed (on or after 1 November 2019) an offence under section 35(3), may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar.(3) If there is no prosecution with regard to an offence under section 35(3), any motor vehicle seized pursuant to subsection (2) 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.

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