Derelict Motor Vehicles (Disposal) Regulations

LAWS OF SEYCHELLES DERELICT MOTOR VEHICLES (DISPOSALS) ACT CHAPTER 61 (SUBSIDIARY LEGISLATION) REVISED EDITION 1991 PRINTF.O FOR THF. GOVERNMENT OF SEYCHELLES BY SPACE THEGOVERNMENTP~ER 1991 ED) DEREUCf MOTOR VElllCLES (DISPOSAL) ACf SECTION 10 DEREI,ICT MOTOR VEHICLES (DISPOSAL) REGULATIONS [1st January, 1976J ARRANGEMENT OF REGULATIONS [CAP 61 S.L 111 of 1975. 8.1 1 of 1976. S.I. 8S of 1979. S.I. 127 of 1979. 81.31 of 1980. Regulations 1. Citation 2. Interpretation 3. Form and service ofRemoval Notice 4. Establishment of vehicle pound 5. Who may remove vehicle to pound 6. Procedurefor removal of vehicle frompound 7. Prescribed charges 8. Registers 9. Disposalof Vehicles 1. These Regulations may be cited as the Derelict Motor Vehicles (Disposal) Regulations. 2. In these Regulations,words andexpressionsused shall have the meaningsrespectivelyascribed to theminsection 2 oftheAct. 3.(1) The notice (hereinafter referred to as "the removal no tice") to be served on (a) the owner ofavehicleor affixedto a vehiclepursuant to section 3(1) ofthe Act shallbe inForm 1intheFirst Schedule; (b) the occupier of any land or affixed to a vehicle pursuant to section 5(1) or (2) of the Act shall be in Form 2 in the First Schedule. 1 Citation. Interpretation. Form and service of Removal Notice. 1991 ED] DEREUCTMOTOR VElllCLES(DISPOSAL) ACT (CAP 61 (2) Every removal notice shall be in duplicateand signedby the Commissioner ofPolice. (3) (a) A removal notice shall be served on an owner or occupier by a police officer or by an usher of the Supreme Court or other public officer and shall, if practicable, be served personally on the owner by delivering or tenderingto himoneofthe duplicates; (b) where the owner cannot by the exercise of due diligence be found, the removal notice may be servedbyleaving one ofthe duplicatesfor himwith someadult member of hisfamily or with hisservant residing with him or with his employer. (4) Everyremoval noticeaffixed to a vehicle shall be affixed to some conspicuous part ofthe vehicle. Establishment of 4. The vehicle pound established by the Commissioner of vehicle pound. Policeinpursuanceofsubsection(2) ofsection3 oftheActshall be that area defined in the Second Schedule. Who may remove 5.(1) The Commissioner of Police shall, before causing a vehicle to pound. vehicle to be removed under subsection (2) ofsection 3 ofthe Act, authorise a person (hereinafter called "the authorised person") in writing in Form 3 ofthe First Schedule to remove the vehicle. (2) A police officer shall accompany the authorised person and identify the vehicle to be removed. (3) The authorised person maythen removethe vehicle and deliverit to the vehicle pound. (4) Any authorised person removing a vehicle may do so by towing or driving the vehicle or by moving it in such other manneras he maythinknecessary andmaytake such measures inrelation to thevehicle ashemaythinknecessary to enablehim to remove it as aforesaid. 2 1991 ED] DEREliCTMOTOR VEHICLES (DISPOSAL) ACT lCAP61 6. When any person claims a vehicle in the pound within the period specified in subsection (2) of section 3 of the Act, the CommissionerofPolice shall first satisfy hirnself'that the claimant is the owner of the vehicle and, upon payment ofthe charges set out in the Third Schedule hereto. shall pennit the owner to remove the vehicle. 7. The chargesforremoval ofavehicle to the vehicle pound and storage therein shall be as laid down in the Third Schedule. 8.(1) The Commissioner of Police shall keep a register of all removal notices issued and such register shall contain the details and information set out in Part I of the Fourth Schedule. (2) The Commissioner of Police shall keep a register of all vehicles placed in the vehicle pound and such register shall contain the details and information lisled in Part II of the Fourth Schedule. 9.(1) The Commissioner ofPolice may dispose ofany vehicle which has become bona vacantia by virtue ofsection 3(4) of the Act by dumping the said vehicle at sea or in such other manner as may be approved by the Minister responsible for Transport. (2) Vehicles may only be dumped at sea in accordance with a licence issued by the Government under section 2 ofthe Dumping at Sea Act, 1974 of the United Kingdom extended to Seychelles by the Dumping at Sea Act, 1974 (Overseas Territories) Order, 1975 and subject to the terms of any convention relating to dumping at sea which Seychelles has ratified. (3) Vehicles may be dumped in the following areas (aJ ST. ANNE ISLAND DUMPING GROUND An area opposite Grand Anse beach (on St. Anne Island). from a position, B, 215m on a true bearing of 22° offBattery Point. A; the area is then defined by a true bearing of292° for 740m C. followed by a true bearing of22° for 185m D, thence on true bearing of 112° for 740m E, before returning to the starting point 3 Procedure for removal of vehicle from pound. Prescribed charges. Registers. Disposal of vehicles. S.I. 85/1979. s.t. 127/197CJ Cap. 67. 1991 ED] DERELICT MOTOR VEHICLES (DISPOSAL) ACT [CAP 61 B, on a true bearing of 202° for 185m; the area is bounded by the geographical co-ordinates : B 55° 30' 50" E 4° 35' 50" S C 55° 30' 28" E 4° 35' 41" S D 55° 3D' 301' E 4° 35' 35" S E 55° 3D' 52" E 4° 35' 44" S A 335040 ME 9491560 MN. (b) BEACONISLAND -HARRISON ROCKDUMP INGGROUND An area in between Beacon Island and Harrison Rock to the East ofthe joining line; starting from a position W, 1155m on a true bearing of121° offthe highest point of Beacon Island. V. or 1460m on a true bearing of 12° offthe highest point ofHarrison Rock, T; the area is then defined by a true bearing of 90" for SSOmX, followed by a true bearing of 180° for 550m Y, thence on a true bearing of 270° for 550m Z, before turning to the starting point W, on atrue bearing of0° for 550m; the area is bounded by the geographical co-ordinates: W 55° 321 00" E 4° 3T' 00" S X 55° 32' 18" E 4° 37" 00" S Y 55° 32' 18" E 4° 37" 18" S Z 55° 32' 00" E 4° 31" 18" S 4 1991 ED} DERELICT MOTOR VElllCLES (DISPOSAL) ACT FIRSTSCHEDULE FORM 1 (Regulation 3(1)) NOTICE TO REMOVE VEmCLE [CAP 61 (Section 3 of the Derelict Motor Vehicles (Disposal) Act TO the owner ofvehicle • Registration No (if any) Make . Colour . NOTICE is hereby given that it appears to the Commissioner ofPolice that the above mentioned vehicle at present standing in or upon the road at ...................................... /a public place at . (i) appears to have been abandoned. or (ii) is disused, or (iii) is in a dilapidated condition. YOU ARE HEREBY REQUIRED to remove the said vehicle from the above mentioned road! place within FOURTEEN days from the day of ................. 19 , of the date ofservice of this notice on you/the date this notice was affixed to the said vehicle, whichever is the earlier. FAILURE on your part to removethe said vehiclewithinthe periodoffourteen days may result in the Commissioner of Police causing the said vehicle to be removed to A VEmCLE POUND under section 3(2) of the Derelict Motor Vehicles (Disposal) Act and you will be deemed to have abandoned all right and .itle to the said vehicle if it is not removed from the pound within TWENTY ~IGHTDAYS. Dated this day of..................................... 19 COMMISSIONER OF POLICE. Served!Affixed on the day of................................ 19 Signed by . 5 1991 ED] DEREUCf MOTOR VEIllCLES (DISPOSAL) ACf FORM2 (Regulation 3{l)) NOTICE TO REMOVE VEHICLE. [CAP 61 (Section 5 of theDerelict Motor Vehicles (Disposal) Act To the occupierof , . situatedat . NOTICE is hereby given that vehicle RegistrationNo (ifany) Colour . Make . (a) is depositedinthe openon the abovementioned landofwhichyou are the occupier; (b) is apparently abandoned or disused; and (c) is in a (i) dangerous: or (ii) dipalidated state. YOU ARE HEREBY NOTIFIEDthat the use ofthe abovementioned land as a place upon whichto deposit in the open a vehicle in the state described in (b) and (c) abovehasnot beenpermitted underthe TownandCountryPlanningAct, (Cap. 237) YOU ARE HEREBY REQUIRED to remove the said vehicle from the abovementioned place within 14 days from day of............ 19 ./the date of service of this notice on you/the date this notice was affixed to the said vehicle, whichever is the earlier. 6 1991 ED] DERELICfMOTOR VEHICLES (DISPOSAL) ACT [CAP61 SHOULD YOU FAIL to remove the said vehicle within the period of 14 days section 5 of the Derelict Motor Vehicles (Disposal) Act, shall apply as if the vehicle has been found abandoned or disused in a public place and you shall be deemed to be the owner of the vehicle unless you prove to the contrary. DATED this day of 19 COMMISSIONER OF POLICE Served/affixed on the day of. " . .. 19 . Signed by . FORM 3 (Regulation 5) AUIHORITY TO REMOVE VEillCLE ....................... of is hereby authorised to remove the vehicle Regis tration No Make Colour from .. to the vehiclepound at .. Dated this day of............................................. 19 COMMISSIONER OF POLICE. SECOND SCHEDULE (reg. 4) Vehicle Pound PlotV3016 7 S.I. 127n9. 1991 ED] DEREUCf MOTOR VElDCIES(DISPOSAL) ACf THIRDSCHEDULE (Regulation 7) CHARGES [CAP 61 1. Removal ofvehicle to vehicle pound Rupees 500 2. Storage Rupees 10 per day or part thereof FOURTIISCHEDULE (Regulation 8) Part I. - REGISTER OF REMOVAL NOTICES The register shall include the following: (a) serial number of notice (h) date and time notice served or affixed (c) name of person serving the notice (d) person upon whom served and when posted or affixed (e) details of abandoned/disused vehicle (f) date and time vehicle removed to pound (g) details of appeal under section 6 ofthe Act (if any) (h) details of any prosecution under section 9 of the Act for failure to comply with the notice served (if any). Part II. - REGISTER OF VEIDCLES IN VEIDCLE POUND The register shall include the following : (a) serial number of entry 1991 ED) DERELICTMOTOR VBlICLES(DISPOSAL) ACT [CAP 61 (b) serial number ofnotice (c) description ofvehicle (d) owner ofvehicle (e) date and time ofentry to the pound (f) date andtimeof removal fromthe poundfor disposal (ifdisposed ot) (g) method ofdisposal or withdrawal fromthe pound (h) amount paid by owner of'vehicle for removal from pound (ifremoved by owner) (i) details ofany appeal. 9