Active Mobility Act 2017 · 2020 Revised Edition · Part 5 · Administration and Enforcement
53. Disposal of forfeited or detained vehicles
Feedback & supportLast amended by an amending law of 2026. 3 amendments in all.
Where any vehicle is forfeited by the Authority under section 51, an authorised officer may, after giving notice in accordance with subsection (5A) of his or her intention to do so —
vehicle
“vehicle” means any means of conveyance that runs on wheels, other than a train;
sell by public auction or tender the vehicle and any uncollected item left in or on the vehicle; or
destroy or otherwise dispose of the vehicle, article or thing (as the case may be).
However, the Authority may direct that a vehicle that is forfeited by the Authority under section 51(3) and is the subject of a notice under subsection (1) be returned to a person if —
before the end of the period of the notice in subsection (1), the Authority receives from that person a written objection to the intended sale, destruction or disposal of the vehicle and showing good cause why possession of the vehicle should be returned to the person; and
there is no reasonable cause for the Authority to believe that an offence under this Act has been committed and the vehicle was the subject matter, or was used in the commission, of the offence.
Where a vehicle or an article or a thing is moved to a holding yard under section 45 or 46, or a vehicle is surrendered at a holding yard under section 50, it becomes unclaimed if, at the end of 30 days after the day on which the vehicle, article or thing was so moved or surrendered —
holding yard
“holding yard” means a place used under section 52 for the storage of vehicles moved to, surrendered at, detained, seized or forfeited under Division 2 of Part 5;
there is no person who appears, to the satisfaction of the Authority, to be the owner of the vehicle, article or thing, as the case may be; or
there is such a person but that person has not exercised his or her right to recover the vehicle, article or thing by a claim.
Where a vehicle, article or thing which is moved to or surrendered at a holding yard under section 45, 46 or 50 becomes unclaimed, an authorised officer may, after giving one month’s notice in the Gazette of his or her intention to do so —
sell by public auction or tender the vehicle, article or thing (as the case may be) and any uncollected item left in or on the vehicle, article or thing; or
destroy or otherwise dispose of the vehicle, article or thing, as the case may be.
Despite subsection (4), where it appears to the Authority that any vehicle, article or thing which is moved to a holding yard under section 45 or 46 —
is —
a non‑compliant personal mobility device, non‑compliant bicycle, non‑compliant PAB or non‑compliant mobility vehicle; and
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;
is a perishable article or thing that may rapidly depreciate in value; or
is an article or a thing of such a nature or in such condition that it would be dangerous for the Authority to retain custody of the article or thing,the Authority may, after giving notice in accordance with subsection (5A) of its intention to do so, cause the vehicle, article or thing to be —
sold (by public auction or otherwise) at once; or
destroyed or otherwise disposed of at once in such manner as the Authority thinks fit.
The notice required by subsection (1) or (5) is given by publishing a notice of the intended sale, destruction or disposal in the Gazette —
in the case of a vehicle mentioned in section 51(3) — at least 7 days before taking any action under subsection (1);
in the case of a vehicle mentioned in subsection (5)(a) — at least 7 days before taking any action under subsection (5); and
in any other case — at least one month before taking any action under subsection (1) or (5), as the case may be.
The proceeds of a sale by public auction or tender of any vehicle, article or thing under subsection (1), (4) or (5) must be applied as follows:
firstly, in payment of the expenses occasioned by the sale;
secondly, in payment of storage or other expenses incurred by the Authority in relation to the vehicle, article or thing;
thirdly, by payment of the balance into the Consolidated Fund.
A purchaser of a vehicle, article, item or thing sold in accordance with subsection (1), (4) or (5) acquires good title to that vehicle, article, item or thing.
If the owner of a vehicle is convicted of or has been permitted to compound an offence under this Act, the expenses incurred by the Authority in carrying out the provisions of this section are recoverable by the Authority and, in case of dispute or neglect to pay, may be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if the expenses were fines imposed by that Court.
owner
“owner”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means —(a)for a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;(aa)for a registrable mobility vehicle — the person who is recorded in the registrable MV register as the registered responsible person for that vehicle at the relevant time;(b)for a PAB — the person who is registered as the owner of the PAB under the Road Traffic Act 1961 at the relevant time;(c)for a registrable personal mobility device the registration of which under Part 3A is cancelled, a registrable mobility vehicle the registration of which under Part 3B is cancelled or a PAB the registration of which under the Road Traffic Act 1961 is cancelled — the following person, as applicable:(i)the person who is last recorded in the registrable PMD register as the registered responsible person for that device;(ia)the person who is last recorded in the registrable MV register as the registered responsible person for that mobility vehicle;(ii)the person who is last recorded as the owner for that PAB under the Road Traffic Act 1961; and(d)for any other vehicle — the person who is —(i)a sole or joint owner of the vehicle;(ii)a person who solely, or jointly or in common with any other person, is entitled to the immediate possession of the vehicle; or(iii)for a vehicle which is the subject of a hiring agreement or hire‑purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement;
If —
before the end of one year starting on the date a vehicle, an article or a thing was moved to a holding yard under section 45 or 46; but(b)after the vehicle, article or thing has been sold, destroyed or disposed of under subsection (5),a person who appears, to the satisfaction of the Authority, to be the owner of the vehicle, article or thing claims that vehicle, article or thing, the Authority may pay the person, out of the funds of the Authority, the balance after deducting all reasonable costs and expenses incurred by the Authority in moving, storing and selling, destroying or disposing of the vehicle, article or thing (as the case may be) from the value of the vehicle, article or thing when it was moved to a holding yard.