Clause 9

Subject to the provisions of this Part, no person shall use a motor vehicle, or cause or permit a motor vehicle to be used, as a public service vehicle unless there is in force, in respect of such vehicle, a valid licence granted under this Part authorising such use, or otherwise than in accordance with such licence and any conditions attached thereto.(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand dollars or to both such imprisonment and fine:Provided that a person shall not be convicted of an offence under this section if he proves to the satisfaction of the court that he used the motor vehicle, the subject of the charge, as a public service vehicle in an emergency for the purpose of conveying a sick or injured person to hospital or to bring medical aid to such person or for the purpose of making a report to a police station and that he had made all reasonable efforts to hire a public service vehicle for the purpose of the journey.(3) A public service vehicle licence shall be in addition to any other licence issued under this Ordinance.(4) Any motor vehicie in respect of which there has been, or there is reasonable cause to suspect that there has been, committed any offence under this section may be seized by any police officer or the Registrar or any officer authorised in writing in that behalf by the Registrar.(5) When any motor vehicle has been seized under the provisions of subsection (4), a police officer or the Registrar or, an officer authorised in writing in that behalf by the Registrar —

may, in his discretion, temporarily return such motor vehicle to its owner on security being furnished to the satisfaction of such police officer, the Registrar or officer so authorised, as the case may be, that the motor vehicle shall be surrendered to him on demand; or

shall, upon the direction of the Public Prosecutor, and after making such investigations as are necessary for the purposes of this Ordinance, return such motor vehicle to its owner.(6) Where it is proved to the satisfaction of a court before which the prosecution has been held that a motor vehicle seized under the provisions of subsection (4) has been used in the commission of an offence under this section, the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, notwithstanding that no person may have been convicted of an offence under this Ordinance.(7) If there be no prosecution with regard to any motor vehicle seized under subsection (4), such vehicle shall be released at the expiration of one month from the date of seizure unless it has sooner been released.”.