Singapore legislation
Section 51
Section 51
Forfeiture of seized vehicles
(1)
Subject to this section, all vehicles liable to seizure under the provisions of this Act are liable to forfeiture by a court.
(2)
An order for the forfeiture of a vehicle seized or surrendered under section 50 may be made by the Authority if it is satisfied that —
the vehicle is a non‑compliant personal mobility device, non‑compliant bicycle, non‑compliant PAB or non‑compliant mobility vehicle;
an offence under this Act has been committed and that the vehicle was the subject matter, or was used in the commission, of the offence;
at the end of 30 days after the date of the seizure or surrender, no claim to the vehicle is earlier made in the prescribed manner to the Authority by a person who is not the person from whom the vehicle was seized or required to surrender the vehicle (or the latter person’s agent); and
a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 55.
(3)
Despite subsection (2), the Authority may at once order the forfeiture of a vehicle seized or surrendered under section 50 —
that is a non‑compliant personal mobility device, non‑compliant bicycle, non‑compliant PAB or non‑compliant mobility vehicle; and
that the Authority considers is of such a nature or in such condition that it would be dangerous for the Authority to retain custody, or its detention in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard.
(4)
Upon receipt of a claim mentioned in subsection (2)(c), the Authority may direct that the vehicle be released or may refer the matter by information to a Magistrate.
(5)
The Magistrate must, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and must, on proof that the vehicle was used in the commission of an offence under this Act, order the vehicle to be forfeited, or may in the absence of such proof order its release.
(6)
In any proceedings under subsection (5), the burden of proof lies on the person asserting that the person is the owner of the vehicle concerned, and on the person from whom the vehicle was seized, as the case may be.
(7)
In any proceedings in any court in respect of the forfeiture of any vehicle seized in exercise or the purported exercise of any power conferred under section 50, no person is entitled to the costs of such proceedings or to any damages or other relief except an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.