§ 11 — Power to seize vehicles

11.—(1) Where an authorised officer has reason to believe that a small motorised vehicle or vehicle component is a vehicle or component in connection with which an offence under section 5 or 8 has been or is being committed, the authorised officer may, without warrant —(a)

seize the vehicle or vehicle component and take it to a holding yard; or

(b)

require the owner or person in charge of the vehicle or vehicle component to take the vehicle or component (as the case may be) to and surrender it at a specified holding yard.

(2) The power conferred on an authorised officer under subsection (1)(a) may be exercised whether or not the owner or person in charge of the vehicle or vehicle component is present at the time of its seizure.

(3) When a vehicle or vehicle component is seized under this section by an authorised officer, the authorised officer concerned must, as soon as practicable, give notice of the seizure and the grounds of doing so to the owner of the vehicle or component (if known) except that the notice is not required to be given where the seizure is made in the presence of the owner or the owner’s agent.

(4) A person who, without reasonable excuse, refuses or neglects to comply with any requirement under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.

—(1) Where an authorised officer has reason to believe that a small motorised vehicle or vehicle component is a vehicle or component in connection with which an offence under section 5 or 8 has been or is being committed, the authorised officer may, without warrant —(a)

seize the vehicle or vehicle component and take it to a holding yard; or

(b)

require the owner or person in charge of the vehicle or vehicle component to take the vehicle or component (as the case may be) to and surrender it at a specified holding yard.

(2) The power conferred on an authorised officer under subsection (1)(a) may be exercised whether or not the owner or person in charge of the vehicle or vehicle component is present at the time of its seizure.

(3) When a vehicle or vehicle component is seized under this section by an authorised officer, the authorised officer concerned must, as soon as practicable, give notice of the seizure and the grounds of doing so to the owner of the vehicle or component (if known) except that the notice is not required to be given where the seizure is made in the presence of the owner or the owner’s agent.

(4) A person who, without reasonable excuse, refuses or neglects to comply with any requirement under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.