Suspension
ROAD TRAFFIC (AMENDMENT) (NO. 2)
of vehicle licence and delivery of vehicle into custody of Commissioner.
First Schedule.
First Schedule.
Penalty
payable if vehicle not delivered into custody.
Seizure and
removal of vehicle.
Ord. No. 45/77
A179
261. (1) If no written representations are made by or on behalf of the registered owner of a motor vehicle, and no application is made for a hearing before a Transport Tribunal within the time notified in a notice under section 26F(2) a Transport Tribunal shall suspend the licence of the motor vehicle for the appropriate period specified in column 3 or 4 of the First Schedule.
(2) If a Transport Tribunal decides that the registered owner of a motor vehicle has not shown cause why the licence of the motor vehicle should not be suspended the Tribunal shall suspend the licence of the motor vehicle for the appropriate period specified in column 3 or 4 of the First Schedule.
(3) Where a Transport Tribunal suspends the licence of a motor vehicle under subsection (1) or (2), the Com- missioner shall cause a notice to be served on the registered
owner.
(4) A notice under subsection (3) shall-
(a) specify-
(i) the registration mark of the motor vehicle the licence of which is suspended; and
(ii) the period during which the licence of the motor vehicle shall be suspended and the date of commencement of the suspension; and
(b) direct the registered owner to deliver the motor vehicle into the custody of the Commissioner on the day and at the time and place specified in the notice.
(5) The Commissioner shall keep a record of all deci- sions made by the Transport Tribunal.
26J. (1) If, without reasonable excuse, a motor vehicle is not delivered into the custody of the Commissioner in accordance with a notice served under section 261, the registered owner shall be liable to pay to the Govern- ment a penalty of $200 for each day or part thereof while the suspension of the licence of the motor vehicle continues in force during which the motor vehicle is not in the custody of the Commissioner or the Commissioner of Police under section 26K.
(2) Any penalty due under subsection (1) may be recovered from the registered owner by civil proceedings as a debt due to the Crown.
26K. (1) If a motor vehicle has not been delivered into the custody of the Commissioner at the expiration of 7 days after the date specified in a notice served under section 261, any police officer may seize the motor vehicle. (2) Subject to subsection (3), a police officer who has seized a motor vehicle under subsection (1) shall deliver it forthwith into the custody of the Commissioner at the place specified in the notice under section 261.
(3) If at the time when a motor vehicle is seized it is not practicable for a police officer to deliver it directly to the place specified in the notice under section 261, he may take the motor vehicle to a police station, and thereafter a police officer shall deliver it to such place as soon as practicable and in any event not later than 7 days after the seizure.