Offences relating to vehicles and vessels

(1) Every person who, without lawful authority or excuse (the burden of proof whereof shall be on such person), acquires possession or control of an uncustomed vehicle or vessel commits an offence and is liable on summary conviction to the penalties prescribed in sub-sections (3) and (4) and section 112. (2) For the purpose of this section, possession may be real or constructive, temporary or transient. (3) In any prosecution for an offence under sub-section (1)– (a) it shall not be necessary for the prosecution to prove that the accused person had knowledge that the vehicle or vessel was uncustomed; and (b) it shall not be a defence for the accused person to prove that he or she had no such knowledge. (4) Whoever forges, alters or otherwise tampers with the vehicle identification number (VIN), licence plate or other identification mark of a vehicle or hull mark or other marks of a vessel with intent to conceal its true identity, or whoever knowingly or recklessly acquires possession of any such vehicle or vessel, commits an offence and shall, without prejudice to any other provision of this Act, be liable on summary conviction to a fine not exceeding two thousand dollars, or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment. (5) In this Act, the term “vehicle” includes a motor vehicle, trailer, container, wagon, cart, bicycle, tricycle, van, hand cart, truck, barrow and all other machines or things for the portage of goods or persons on any road.