42Detention of vehicles, court may order

42. Detention of vehicles, court may order

(1) Where the Court finds that any vehicle is so constructed or in such condition that it is likely to occasion danger to any person or damage to property or that any vehicle has been used in the commission of an offence against this Act the Court may order that the vehicle shall be detained by or on behalf of the Director General or a local government —

(a) for a period not exceeding 12 months; or

(b) until the Director General is satisfied that arrangements have been made that will ensure that the construction or condition of the vehicle will be so changed as to eliminate the source of danger,

but where it appears to the Court that some person is lawfully entitled to possession and is not guilty of an offence in relation thereto the Court may order the vehicle to be delivered to that person.

(2) Where any vehicle is detained by or on behalf of the Director General or a local government pursuant to this Act and —

(a) a responsible person cannot be found after reasonable inquiry; or

(b) a responsible person dies, and after reasonable inquiry no other person appears to the Director General or that local government to be lawfully entitled to possession of the vehicle; or

(c) the vehicle is not recovered from the custody of the Director General or that local government within a prescribed period,

then, after the expiry of the period of detention relating thereto, the Director General or that local government may dispose of or sell that vehicle and apply the proceeds of that disposal or sale in accordance with regulations made under this Act.

[Section 42 amended: No. 106 of 1981 s. 34; No. 14 of 1996 s. 4; No. 76 of 1996 s. 27; No. 39 of 2000 s. 59; No. 59 of 2004 s. 141.]