Singapore legislation
Section 69A
Section 69A
Disposal of unclaimed aircraft, vehicle, etc.
(1)
An aircraft or a vehicle, or an article or a thing, which is moved —
by an airport licensee or exempt airport operator for an airport, or an authorised airport employee, under the by‑laws made under section 68 for the airport; or
with the approval of the Authority, by an airport licensee or exempt airport operator for an airport under section 69,must be detained in a holding area until the aircraft or vehicle, or article or thing, is released by order of the airport licensee or exempt airport operator concerned, or is sold or disposed of in accordance with this section.
(2)
Subject to subsection (9), where an aircraft or a vehicle, or an article or a thing, is moved to a holding area under subsection (1), it becomes unclaimed if, at the end of the prescribed period starting after the day on which the aircraft, vehicle, article or thing was so moved —
there is no person who appears, to the satisfaction of the airport licensee or exempt airport operator concerned, to be the owner of the aircraft, vehicle, article or thing, as the case may be; or
there is such a person but that person —
has not been located after reasonable inquiry by the airport licensee or exempt airport operator concerned; or
has not exercised the person’s right to recover the aircraft, vehicle, article or thing by a claim.
(3)
Where an aircraft or a vehicle, or an article or a thing, which is moved to a holding area under subsection (1) becomes unclaimed, an authorised airport employee of an airport licensee or exempt airport operator duly authorised for this purpose may, subject to subsection (9) and after giving notice in accordance with subsection (4) of his, her or its intention to do so and, in the case of an aircraft, with the approval of the Authority —
sell the aircraft, vehicle, article or thing (as the case may be) and any uncollected item left in or on the aircraft, vehicle, article or thing, as prescribed by regulations; or
destroy or otherwise dispose of the aircraft, vehicle, article or thing and any uncollected item left in or on the aircraft, vehicle, article or thing, as prescribed by regulations.
(4)
The notice required by subsection (3) is given —
by publishing a notice of the sale or disposal in the Gazette at least one month before taking any action under that subsection; and
in the case of an aircraft, by taking other reasonable steps to give at least one month’s notice of the sale or disposal to the persons mentioned in section 92(3)(a), (b) and (c).
(5)
The proceeds of a sale or disposal under this section of any aircraft, and any uncollected item left in or on an aircraft, under subsection (3), must be applied successively as follows:
firstly, in the discharge of any levy under Part 9 if a statutory lien on the aircraft is in effect at the time of sale or disposal;
secondly, in the discharge of services charges, penalties and interest under Part 9 in the order in which they became payable;
thirdly, in payment of the expenses occasioned by the sale or disposal;
fourthly, in payment of storage or other expenses incurred respectively by the Authority and the airport licensee or exempt airport operator (as the case may be) in relation to the aircraft;
lastly, by payment of the balance to the airport licensee or exempt airport operator, as the case may be.
(6)
The proceeds of a sale or disposal under this section of any vehicle, article or thing, and any uncollected item left in or on the vehicle, article or thing, under subsection (3) must be applied successively as follows:
firstly, in payment of the expenses occasioned by the sale or disposal;
secondly, in payment of storage or other expenses incurred respectively by the Authority and the airport licensee or exempt airport operator (as the case may be) in relation to the vehicle, article, item or thing;
thirdly, in payment of all unpaid parking fees or other similar charges in relation to the vehicle, article, item or thing;
lastly, by payment of the balance to the airport licensee or exempt airport operator, as the case may be.
(7)
A purchaser of an aircraft or a vehicle, or an article, item or a thing sold in accordance with subsection (3) acquires good title to that aircraft, vehicle, article, item or thing, and the Authority may execute all documents necessary for effecting the sale or disposal of the aircraft, vehicle, article, item or thing, as the case may be.
(8)
Any person who, without the permission of an airport licensee or exempt airport operator (as the case may be), removes or causes to be removed from a holding area —
an aircraft, a vehicle, an article or a thing moved to the holding area under the circumstances in subsection (1) by the airport licensee or exempt airport operator; or
any uncollected item left in or on such an aircraft, vehicle, article or thing,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.
(9)
This section —
does not authorise the moving, detention and sale or disposal of any aircraft, vehicle, article, item or thing belonging to the Government or the Authority; and
does not limit the operation of section 44 of the Air Navigation Act 1966 or the High Court (Admiralty Jurisdiction) Act 1961.
(10)
In this section, “authorised airport employee”, for an airport, means —
an employee of an airport licensee for the airport who is authorised by the airport licensee to exercise a power under this section in connection with that airport; or
an employee of an exempt airport operator for the airport who is authorised by the exempt airport operator to exercise a power under this section in connection with that airport.