Derelict Motor Vehicles (Disposal) Act

LAWS OF SEYCHELLES DERELICT MOTOR VEHICLES (DISPOSALS) ACT CHAPTER 61 REVISED EDITION 1991 PRINTED FOR TIlE GOVERNMENT OF SEYCHELLES BY SPACE THB GOVERNMENT PRINTER 1991 ED) Section DEREUCfMOTOR VEHICLES (DISPOSAL) ACf CHAPTER 61 DERELICT MOTOR VEHICLES (DISPOSAL) ACT [Ist January, 1976J ARRANGEMENT OF SECTION [CAP 61 Ao118ofl971. 51. 95 of 1975. Acl23 of 1976. 1. Short title 2. Interpretation 3. Power of CommissionerofPolice to require removalof abandoned or disused vehicles 4. Removal of abandonedvehiclefrom private property 5. Authoriseduseofland forstorageof abandonedor disused vehicle 6. Appeals 7. Actnotto derogatefrompowersunderotherlaws inrespect ofobstruction. 8. Power ofMinister 9. Penalty 10. Regulations 1. This Act may be cited as the Derelict Motor Vehicles (Disposal) Act. 2. In this Act, unless the context otherwise requires : "Commissioner of Police" means the person who has the command, superintendence, direction and control of the Seychelles Police Force as by law established. "occupier" in relation to land means the person in actual possession or control thereof or, whoever is entitled to possession or control. 1 Short title. 3.23/1976. Interpretation. 1991 ED) DEREUcr MaIOR VEHICLES (DISPOSAL) ACT lCAP61 Cap. 206. Cap. 206. Power of Commissioner of Police to require removal of abandoned or disused vehicles. Cap. 206. "owner" means in relation to a vehicle which has been registered under the Road Transport Act, the person in whose name the vehicle is registered : Provided that whenever the registered owner of a motor vehicle is absent frum Seychelles the pel sun in actual pusses sion or control ofthe vehicle in Seychelles shall be deemed to be the owner thereof; "public place" includes anyopen space to which the public has access, any public way. wharf, foreshore, curtilage of any public buildings and any privately owned open space to which the public is granted access either generalIy or condi tionally; "road" means any highway, road. street to which the public has access. any bridge over which a road passes, and any privately owned road or street which is not merely a drive way to an owner's garage; "vehicle" means any vehicle, motorvehicle, cart or carriage, public vehicle, commercial vehicle or private vehicle as these terms are defined in the Road Transport Act. 3.(1) When it appears to the Commissioner of Police that a vehicle has been abandoned or is disused or is in a dilapidated condition in or upon any road or public place, the Commissioner ofPolice may cause a notice in writing to be served on the owner of that vehicle or, when the owner is not known or cannot be traced the Commissioner of Police may cause the notice to be affixed to the vehicle requiring that the vehicle be removed within a period of fourteen days from the date when the notice is so served or affixed: Provided that in the case of a vehicle bearing a valid current licence issued under the provisions ofthe Road Transport Act, if the owner cannot be served personally with a copy of the notice under the provisions ofthis subsection, in addition to affixing the notice to the vehicle, the Commissioner ofPolice shall advertise 2 1991 ED] DERELICT MOTOR vanCLES (DISPOSAL) ACT (CAP61 notice ofhis intentionto take actionunder the provisions ofthis Act with respect to the vehicle, in a newspaper circulating in Seychelles. (2) Ifa vehicle to which subsection (1) of this section applies isnot removedwithin theperiodoffourteen daysor anyextension thereofauthorised bythe Commissioner ofPolicein anyparticu lar case, the Commissioner of Policemaycausethe vehicle to be removedto a vehicle pound, to be established for the purposeby the Commissioner ofPolice,andtherekept for twenty-eight days duringwhichperiod the Commissioner ofPoliceshall advertise, by not less than two advertisements of different dates in a newspapercirculating inSeychelles hisintention to disposeofthe vehicleunder this Act ifit is not claimed and removed from the vehiclepound within the said period. (3) Theownerof a vehicle removed to the vehicle poundunder the provisions of this section may, within the period oftwenty eight days specified in subsection (2) ofthis section, removethe vehicletherefromuponpayment to theCommissioner ofPoliceof the prescribed chargefor the removal ofthe vehicle to the vehicle pound and any other proper charges. (4) Theownerofanyvehicle not claimed andremoved fromthe vehiclepound within the time specified in subsection (2) of this section shall be deemed, at the expiration ofsuch time, to have abandoned allrightandtitle to the saidvehicle and to anyarticles in, upon or affixed to it, and the vehicle and all its equipment and articlesshall be heldto bebonavacantiaandthe Commissioner of Policeshallbe entitledto dealwiththeminanymannerwhatever. (5) No claim or proceedings or right ofaction whatsoeverby the owner of any vehicle to which the provisions of this section applyshall lieagainst the Commissioner ofPolice or againstany personactingingood faithunderthe general or specific orders of the Commissioner of Police with respect to the removal or disposalofavehicle inaccordance withtheprovisions ofthis Act. 3 1991 ED) DERELICT MOTOR VEHICLES (DlSl'OSAL) ACT [CAP 61 Removal of abandoned vehicle from private property. Authorised use of land for storage of abandoned or disused vehicle. Cap. 237. 3/23/1976. Cap. 237. 4. Upon request made by the occupier ofany land and upon payment by the occupier of the prescribed charge therefor the CommissionerofPolicemay arrangefortheremoval anddisposal of any abandoned, dilapidated or disused vehicle found on the land: Providedthat ifthe occupierofthe landsatisfies the Commis sionerofPolicethat he isnot the ownerofthe vehicle concerned and that it has been placed on his land without his consent the Commissioner of Police shall not require him to pay the pre scribed charge for the removal thereof, and in such a case the provisions ofsection3 ofthisAct shall applyas ifthe vehicle had been found abandoned or disusedin a public place. 5.(1) In any case in which any land is used as a place upon which to deposit in the open any abandoned or disused vehicle, which is in a dangerous or dilapidated state, and suchuse ofthe landhasnotbeenpermitted undertheprovisions ofthe Townand CountryPlanning Act the Commissioner ofPolice mayserve a noticeuponthe occupierofthe landrequiring that the vehicle be removed within a periodof 14 days. or suchlongerperiodas the Commissioner ofPolice may specify, and if the occupierof the land does not comply with the requirements of the notice, the provisions ofsection3 shall apply as if'the vehicle had beenfound abandoned or disused in a public place. For the purpose of the application ofsection3 ina caseto which thissubsection applies, the occupierof the land shall be deemed to be the owner ofthe vehicle unless he proves the contrary. (2) In anycaseto which the provisions ofsubsection (1) apply and inwhichthe occupierofthe landconcernedis not knownor cannotbe found, it shall be sufficient serviceupon suchpersonif the Commissioner ofPolicecausescopiesofthe saidnoticeto be affixed to thevehicle concerned andalsocausesa copythereofto be affixed in a conspicuous placeon the land. (3) The provisions of this section shall be in addition to and without prejudice to the provisions of the Town and Country Planning Actandthe removal ofanyvehicle fromanylandunder 4 1991 EDI DERELICT MOTOR VElllCLES (DISPOSAL) ACT [CAP 61 the provisions ofthis Act shall not prejudice or bar any proceed ings against the owner or occupier of the land in respect ofany breach of the provisions of that Act. 6.(1) Subject to the provisions ofsubsection (2) ofthis section, Appeals. the owner ofany vehicle aggrieved by the operation ofsection 3, 4 or 5 may appeal to a Judge of the Supreme Court against any notice served upon him or affixed to his vehicle by the Commis sioner ofPolice under the provisions ofany of the said sections, within seven days of the date when the notice was served or affixed and the appeal shal1 be in the form of an inquiry. (2) An appeal under the provisions of subsection (I) of this section shall only lie upon the ground that the vehicle has not been abandoned or is not disused, dangerous or dilapidated, or ina case to which the provisions ofsection 5 apply, that the vehicle is on land which has been authorised for the storage ofdisused vehicles under the provisions ofthe Town and Country Planning Act and Cap. 237. it shall be a condition oflodging an appeal that the appellant shall have given to the Commissioner of Police security for the prescribed and other proper charges for removal and disposal of the said vehicle if the appeal does not succeed. The security shal1 forthwith be repaid, however, to the appellant if the appeal is allowed by the Judge hearing it. (3) The lodging of an appeal under the provisions of this section shall have effect as a stay of all further action by the Conunissioner of Police for the removal and disposal of the vehicle concerned until such time as the appeal shall have been determined. (4) The decision ofthe Judge hearing the appeal shall be final. 7. Nothing in this Act shall be construed as being in derogation of any powers under the Road Transport Act, or any regulation made thereunder, or any other law for the time being in force relating to roads or vehicles, to bring any proceedings against any necessary obstruction with any vehicle or for the removal ofsuch obstruction. 5 Act not to derogate from powers under other Jaws in respect of obstruction. 3/23/1976. 1991ED) DERELICT MOTOR VEHICLES (DISPOSAL) ACT [CAP61 Powerof Minister. Sl. 95/1975. 3/23/1976. Penalty. Regulations. S.l. 95/1975. 3/23/1976. 8. The Minister may by order give to the Commissioner of Police directions ofa general or specific nature for the carrying out of the provisions of this Act. 9. Any person who, being the owner ofa vehicle to which the provisions of section 3, 4 or 5 apply, fails to remove the vehicle in accordance with the terms of a notice served upon him or affixed to the vehicle under the provisions of this Act shall be guilty of an offence and shall be liable on summary conviction before aMagistrate to a fine not exceeding Rs. 250; and the court recording the conviction against such person shall order him to pay to the Commissioner ofPolice the prescribed charge for the removal and disposal ofthe said vehicle and the payment ofsuch charge, in case of default, maybe enforced in like manner as the payment of a fine. 10. The Minister may make regulations to carry out the objects and provisions ofthis Act, and without prejudice to the generality of the foregoing power, such regulations may (a) prescribe scales of charges for the removal and dis posal ofvehicles which are removed and disposed of under the provisions of this Act; and (b) prescribe the procedure to be used for the removal and disposal ofvehicles; (c) prescribe anything that by this Act is required or authorised to be prescribed. 6