sec.126Steps after seizing a vehicle, load or other thing

### sec.126 Steps after seizing a vehicle, load or other thing As soon as practicable, but within 14 days after seizing or moving a vehicle, load or other thing under this chapter, the police officer who seized or moved it must give or arrange for another police officer to give to the owner, if known, a notice stating— how the owner may recover the vehicle, load or other thing; and that, before the vehicle, load or other thing may be recovered, the person— may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and must pay the moving expenses; and the penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held. If practicable, the notice must be given to the owner personally. If it is not practicable to comply with subsection (2) , the notice may be published on the police service website. A police officer need not give the notice required by this section in relation to a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if— the police officer reasonably believes the vehicle is abandoned; and either— the proceeds of the vehicle’s sale are not likely to cover— the moving expenses for the vehicle; and the expenses incurred by the commissioner in selling the vehicle; or it is otherwise impracticable to give the notice. A police officer need not give the notice required by this section in relation to something other than a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if— the police officer reasonably believes the thing is abandoned; or the proceeds of the thing’s sale are not likely to cover— the moving expenses for the thing; and the expenses incurred by the commissioner in selling the thing; or it is otherwise impracticable to give the notice. A requirement under this Act to return the vehicle, load or other thing applies subject to section 127 . In this section— something other than a vehicle , for subsection (3B) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter. vehicle , for subsection (3A) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter. s 126 prev s 126 amd 2004 No. 8 s 29 om 2005 No. 45 s 6 pres s 126 ins 2005 No. 64 s 14 amd 2008 No. 67 s 208 ; 2014 No. 1 s 7 (sec.126-ssec.1) As soon as practicable, but within 14 days after seizing or moving a vehicle, load or other thing under this chapter, the police officer who seized or moved it must give or arrange for another police officer to give to the owner, if known, a notice stating— how the owner may recover the vehicle, load or other thing; and that, before the vehicle, load or other thing may be recovered, the person— may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and must pay the moving expenses; and the penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held. (sec.126-ssec.2) If practicable, the notice must be given to the owner personally. (sec.126-ssec.3) If it is not practicable to comply with subsection (2) , the notice may be published on the police service website. (sec.126-ssec.3A) A police officer need not give the notice required by this section in relation to a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if— the police officer reasonably believes the vehicle is abandoned; and either— the proceeds of the vehicle’s sale are not likely to cover— the moving expenses for the vehicle; and the expenses incurred by the commissioner in selling the vehicle; or it is otherwise impracticable to give the notice. (sec.126-ssec.3B) A police officer need not give the notice required by this section in relation to something other than a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if— the police officer reasonably believes the thing is abandoned; or the proceeds of the thing’s sale are not likely to cover— the moving expenses for the thing; and the expenses incurred by the commissioner in selling the thing; or it is otherwise impracticable to give the notice. (sec.126-ssec.4) A requirement under this Act to return the vehicle, load or other thing applies subject to section 127 . (sec.126-ssec.5) In this section— something other than a vehicle , for subsection (3B) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter. vehicle , for subsection (3A) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter. - (a) how the owner may recover the vehicle, load or other thing; and - (b) that, before the vehicle, load or other thing may be recovered, the person— (i) may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and (ii) must pay the moving expenses; and - (i) may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and - (ii) must pay the moving expenses; and - (c) the penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held. - (i) may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and - (ii) must pay the moving expenses; and - (a) the police officer reasonably believes the vehicle is abandoned; and - (b) either— (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the commissioner in selling the vehicle; or (ii) it is otherwise impracticable to give the notice. - (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the commissioner in selling the vehicle; or - (A) the moving expenses for the vehicle; and - (B) the expenses incurred by the commissioner in selling the vehicle; or - (ii) it is otherwise impracticable to give the notice. - (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the commissioner in selling the vehicle; or - (A) the moving expenses for the vehicle; and - (B) the expenses incurred by the commissioner in selling the vehicle; or - (ii) it is otherwise impracticable to give the notice. - (A) the moving expenses for the vehicle; and - (B) the expenses incurred by the commissioner in selling the vehicle; or - (a) the police officer reasonably believes the thing is abandoned; or - (b) the proceeds of the thing’s sale are not likely to cover— (i) the moving expenses for the thing; and (ii) the expenses incurred by the commissioner in selling the thing; or - (i) the moving expenses for the thing; and - (ii) the expenses incurred by the commissioner in selling the thing; or - (c) it is otherwise impracticable to give the notice. - (i) the moving expenses for the thing; and - (ii) the expenses incurred by the commissioner in selling the thing; or