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Conditions under which cops can seize vehicles
A wrecker tows an illegally parked vehicle to the pound<strong> (Phillip Lemonte)</strong>
News
December 7, 2016

Conditions under which cops can seize vehicles

KINGSTON, Jamaica (JIS) — The Jamaica Constabulary Force (JCF) is reminding the public of the conditions under which a motor vehicle can be seized.

Speaking at a recent JIS ‘Think Tank’, head of the JCF Corporate Communications Unit (CCU), Superintendent Stephanie Lindsay, said if the vehicle is not licensed, the police can lawfully seize the unit.

“The law makes provision for a 30-day grace period, and after this time, the police have the authority to seize all unregistered motor vehicles,” she said.

“Your vehicle can also be seized under the Road Traffic Act if you do not have a registration plate affixed to the car, or if the plate is obscured, preventing the officer from seeing what is on it,” Superintendent Lindsay added.

Other reasons that can lead to seizure are drivers functioning in contravention of the provisions of their licence, or if a vehicle is found to be carrying drugs. This seizure can be done under the Dangerous Drugs Act. She highlighted that section 24 of the Act allows for the officer to confiscate the suspected car carrying the drugs and make an arrest.

“If the police have reason to believe that an automobile was a part of any criminal activity, it will be seized and the owners charged and held accountable, even if they were not the ones driving at the time,” she added.

Superintendent Lindsay also noted that parking in non-designated parking spots, close to fire hydrants, or in disabled spots without approval is also grounds to have the vehicle towed.

She is urging citizens to get acquainted with the law in order to understand the extent of the power the police have to seize a motor vehicle.

“The police have to seize a vehicle within the remit of the law. They are not allowed to prosecute you if they do not have the authority to do so. Drivers must always enquire about the reason for seizure,” Superintendent Lindsay said.

Superintendent Lindsay emphasised that the police should not seize the vehicle if the driver forgot his or her licence. or does not have it in their possession.

She pointed out that the police can, however, seize a motor vehicle “if someone who was never issued a valid national driver’s licence is caught driving”.

The superintendent further explained that in addition to the car being seized, the police are required to prosecute the driver who does not have a driver’s licence and the owner of the vehicle who allowed the person to drive their car without the national authorisation.

“We will take custody of the vehicle until the owner or someone with a valid driver’s licence or authorisation retrieves it,” she noted.

She pointed out that the police should not seize a vehicle that does not have insurance coverage or an expired registration of fitness. “These are ticketable offences,” she said.

Superintendent Lindsay is urging motorists to abide by the Road Traffic laws of the country, adding that seized motor vehicles will not be returned until the breaches have been corrected.

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