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ROAD SAFETY ACT 1986 - SECT 84ZQAD

Application for order that motor vehicle is not abandoned

S. 84ZQAD(1) amended by No. 49/2014 s. 43(4).

    (1)     If the Chief Commissioner of Police gives notice under section 84ZQAC(1) of an intention to deem a motor vehicle to be abandoned under section 84ZQAB(2) , a person substantially affected by the proposed sale or disposal of the motor vehicle may apply to the Magistrates' Court for an order that the motor vehicle is not abandoned.

    (2)     An application under subsection (1) may be made in conjunction with an application under section 84O(1) or 84ZA(1).

    (3)     The court hearing an application under subsection (1)—

        (a)     must not make an order under this section unless satisfied that the applicant has notified the Chief Commissioner of Police of the application; and

        (b)     must allow the Chief Commissioner of Police to be heard at the hearing.

    (4)     On application under subsection (1), the court may—

        (a)     make an order that the motor vehicle is not abandoned; or

        (b)     make an order that the motor vehicle is abandoned.

    (5)     The court may make an order that the motor vehicle is not abandoned only if satisfied that—

        (a)     the applicant has not, in fact, abandoned the motor vehicle; and

        (b)     the applicant has a genuine intention to collect or arrange for the release of the motor vehicle at some time in the future.

    (6)     An order by the court that a motor vehicle is not abandoned does not prevent the Chief Commissioner of Police from—

        (a)     applying under section 84ZV for a disposal order; or

        (b)     selling or disposing of the motor vehicle in accordance with section 84ZQ.

S. 84ZQB inserted by No. 32/2011 s. 15.



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