Clause 4

Where a vehicle —

has been permitted to remain at rest in a parking place in such a position or in such condition or circumstances as to appear to the Superintendent to have been abandoned without lawful authority; or

is parked in a parking place in contravention of any provision of this Act or any rules made thereunder,the Superintendent may, in his discretion and by himself or any person authorised by him in that behalf —

remove the vehicle to a place of safety or any other place and detain it thereat; or

prevent the removal of the vehicle from the parking place without his consent by fixing an immobilisation device to the vehicle.(2) Where the Superintendent has removed any vehicle to a place of safety or any other place pursuant to subsection (1)(i) or fixed an immobilisation device to the vehicle pursuant to subsection (1)(ii), the Superintendent shall, with all reasonable despatch, give notice in writing to the owner of the vehicle as to the procedure by which he may secure the release of the vehicle, and such notice shall be served on the owner of the vehicle —

in the case where the Superintendent has removed the vehicle to a place of safety or any other place, in accordance with section 17; or

in the case where the Superintendent has fixed an immobilisation device to the vehicle, by affixing the notice onto the windscreen or any other conspicuous part of the vehicle.(3) No vehicle which has been removed and detained by the Superintendent or to which an immobilisation device has been fixed in accordance with this section shall be released to the owner of the vehicle except —

by or under the direction of the Superintendent or an officer authorised by him; and

upon the owner of the vehicle having paid all expenses incurred by the Superintendent or the authorised officer in that behalf, and such other charges as may be imposed under this Act or any rules made thereunder,and the vehicle shall remain at the risk of the owner of the vehicle until all such expenses and charges have been paid.(4) Any person who, without the authority of the Superintendent, removes or tampers with any notice affixed to a vehicle under subsection (2)(b) shall be guilty of an offence.(5) Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove —

any vehicle from any place at which it is being detained under this section; or

an immobilisation device fixed to a vehicle in accordance with this section,shall be guilty of an offence.(6) Where any vehicle which has been removed and detained by the Superintendent or to which an immobilisation device has been fixed in accordance with this section is not claimed by its owner within one month of the date of its detention or immobilisation, the Superintendent may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle by public auction or otherwise dispose of it in any manner as he thinks fit.(7) Where a vehicle has been sold or otherwise disposed of under subsection (6), the proceeds of the sale or disposal of the vehicle shall be applied in payment of any expenses incurred in carrying out the provisions of this section and thereafter shall be applied in payment of all charges and fines payable under this Act and any rules made thereunder and the surplus, if any, shall be paid to the owner of the vehicle, or if not claimed by the owner of the vehicle within 12 months of the date of the sale or disposal, shall be forfeited to the Director-General.(8) The Director-General or the Superintendent shall not be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the Director-General or the Superintendent or any of his employees or agents in the exercise of their powers under this section.(9) In this section, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of a type approved by the Superintendent for use for that purpose in accordance with this section.”.