Singapore legislation
Section 95
Section 95
Power to seize vehicles
(1)
Where a police officer, the Registrar or an authorised officer has reason to believe that a vehicle is a vehicle in connection with which an offence under this Act and the rules has been or is being committed or a vehicle that has been or is being used in contravention of the conditions of any licence issued in respect thereof under this Act, the police officer, Registrar or authorised officer, on production of his or her authority, may —
seize the vehicle and take it to a place of safety; or
require the owner, driver or person in charge of the vehicle to take the vehicle and any trailer attached thereto to a specified place of safety.
(2)
The power conferred on a police officer, the Registrar or an authorised officer under subsection (1)(a) may be exercised whether or not the owner, driver or person in charge of the vehicle is present at the time of its seizure.
(3)
Any vehicle which is taken to a place of safety under subsection (1) must be detained there until it is released by order of a Magistrate or the Deputy Commissioner of Police or the Registrar.
(4)
In this section, “authorised officer” means any employee of the Authority who is authorised in writing by the Registrar to act under this section.
(5)
Any person who refuses or neglects to comply with any requirement under subsection (1)(b) shall be guilty of an offence.
(6)
Any unauthorised person removing or causing to be removed such vehicle or trailer from the place of safety pending the order of a Magistrate or the Deputy Commissioner of Police or the Registrar shall be guilty of an offence.
(7)
If the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Act or the rules, the expenses incurred by the Deputy Commissioner of Police or the Registrar in removing, seizing, detaining, storing and disposing the vehicle under this section are recoverable by or on behalf of the Deputy Commissioner of Police or the Registrar and are, in case of dispute or neglect to pay, to be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if they were fines imposed by that Court.
(8)
Where any vehicle or trailer is detained under this section, the Deputy Commissioner of Police or the Registrar must with all reasonable despatch give notice to the owner (if known) of the seizure in a manner allowed under section 131A.
(9)
If the vehicle or trailer is not claimed by its owner within one month of the date of its detention, the Deputy Commissioner of Police or the Registrar thereafter and after giving one month’s notice in the Gazette of his or her intention to do so may sell by public auction or otherwise dispose of the vehicle or trailer.
(10)
The proceeds (if any) from the sale or disposal of the vehicle or trailer must be applied in payment of —
firstly, any licence fees which may be due in respect of the vehicle and of any charges incurred in removing, seizing, detaining, storing and disposing the vehicle under this section; and
secondly, any damage caused to property of the Government by the unlawful use of the vehicle or trailer,and the surplus (if any) must be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within 12 months after the date of the sale or disposal, is forfeited to the Government.