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ROAD SAFETY ACT 1986 - SECT 84ZQAB

Sale or disposal of motor vehicles and items deemed to be abandoned

    (1)     The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle and any item left in or on the motor vehicle, if—

S. 84ZQAB
(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44).

        (a)     a decision is made by a police officer to impound or immobilise the motor vehicle under section 84F or an impoundment or immobilisation order is made against the motor vehicle; and

        (b)     the motor vehicle is not collected or released after the motor vehicle becomes available for collection or release; and

S. 84ZQAB
(1)(c) amended by Nos 49/2014 s. 43(1), 70/2016 s. 30(1).

        (c)     the motor vehicle is deemed under subsection (2), (2A) or (2C) to be abandoned.

    (2)     A motor vehicle is deemed to be abandoned if—

        (a)     the Chief Commissioner has given notice in accordance with section 84ZQAC ; and

        (b)     either—

              (i)     30 days have elapsed since the giving of the notice and none of the events referred to in section 84ZQAC(4)(a) to (f) have occurred; or

              (ii)     the court has made an order under section 84ZQAD that the motor vehicle is abandoned.

S. 84ZQAB
(2A) inserted by No. 49/2014 s. 43(2).

    (2A)     A motor vehicle is also deemed to be abandoned if—

S. 84ZQAB
(2A)(a) substituted by No. 70/2016 s. 37(a).

        (a)     its registered operator has served a notice of abandonment of the motor vehicle on—

              (i)     the Chief Commissioner of Police; and

              (ii)     if the registered operator is not the owner or the sole owner of the motor vehicle—any owner of the motor vehicle;

S. 84ZQAB
(2A)(b) amended by No. 70/2016 s. 37(b).

        (b)     7 days have elapsed since the service of the notice or notices.

Note

See section 93 for how a notice may be served.

S. 84ZQAB
(2B) inserted by No. 49/2014 s. 43(2).

    (2B)     A notice of abandonment under subsection (2A) must be in the form approved by the Chief Commissioner of Police and include information that identifies the motor vehicle, including its registration number (if applicable).

S. 84ZQAB
(2C) inserted by No. 70/2016 s. 30(2).

    (2C)     A miniaturised motor cycle is deemed to be abandoned if—

        (a)     the Chief Commissioner of Police is unable to establish the identity of the owner of the miniaturised motor cycle; and

        (b)     a picture of the miniaturised motor cycle has been posted in accordance with section 84K(3); and

        (c)     30 days have elapsed since the picture of the miniaturised motor cycle was posted and the miniaturised motor cycle has not been collected by the owner.

S. 84ZQAB(3) amended by Nos 49/2014 s. 43(1), 70/2016 s. 30(3).

    (3)     If a motor vehicle is deemed to be abandoned under subsection (2), (2A) or (2C), the motor vehicle and any item or thing left in or on it vest absolutely in the Crown free from all other interests, rights, titles or claims in or to ownership or possession.

    (4)     Subsection (3) has effect despite any other Act (other than the Charter of Human Rights and Responsibilities Act 2006 ) or law to the contrary.

    (5)     A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing.

    (6)     A person with an interest in a motor vehicle sold or disposed of under subsection (1) must be compensated in accordance with subsection (7) if, after the sale or disposal of the motor vehicle

S. 84ZQAB
(6)(a) amended by No. 37/2014 s. 10(Sch. item 147.44).

        (a)     in the case where the motor vehicle was impounded or immobilised by a police officer under Division 2—

              (i)     the person accused of the relevant offence in relation to which the vehicle was impounded or immobilised is found not guilty of that offence and is not found guilty of any other relevant offence arising out of the same set of circumstances; or

              (ii)     no charge-sheet charging a relevant offence is filed in relation to the impoundment or immobilisation of the motor vehicle or a charge-sheet is filed but the charge is not proceeded with within 12 months after the motor vehicle was impounded or immobilised; or

        (b)     in any case—a conviction for the relevant offence in relation to which the vehicle was impounded or immobilised is set aside.

    (7)     Compensation paid to a person under subsection (6) must—

        (a)     be based on the market valuation of the motor vehicle obtained by the Chief Commissioner of Police; and

        (b)     be proportionate to the person's interest in the motor vehicle; and

        (c)     have deducted any money already paid to the person under section 84ZQD(1)(c) and (d) in respect of the motor vehicle.

S. 84ZQAC inserted by No. 50/2012 s. 20.



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