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After section 36 insert— Detention in default of payment (36A) (1) This section applies where a person to whom a penalty notice has been issued under section 35 fails to pay the penalty before the date specified in accordance with section 35(2)(c). (2) The Secretary of State may make arrangements for the detention of any vehicle, small ship, small aircraft or rail freight wagon which the person to whom the penalty notice was issued uses in the course of a business. (3) A vehicle, ship, aircraft or wagon may be detained under subsection (2) whether or not the person to whom the penalty notice was issued owns it. (4) But a vehicle may be detained under subsection (2) only if the person to whom the penalty notice was issued— (a) is the owner or hirer of the vehicle, or (b) was an employee of the owner or hirer of the vehicle when the penalty notice was issued. (5) The power under subsection (2) may not be exercised while an appeal against the penalty under section 35A is pending or could be brought (ignoring the possibility of an appeal out of time with permission). (6) The Secretary of State shall arrange for the release of a vehicle, ship, aircraft or wagon detained under this section if the person to whom the penalty notice was issued pays— (a) the penalty, and (b) expenses reasonably incurred in connection with the detention.