Removal of derelict vehicles

(1) Where a derelict vehicle is left or caused to be left in a public place, the competent authority may give notice to the owner or the person so leaving or causing the same to be left requiring him within forty-eight hours of such notice to remove the derelict vehicle. (2) A notice under subsection (1) of this section may be given by affixing it to the windshield or some other conspicuous part of the derelict vehicle. (3) A person who fails to comply with the requirements of a notice under subsection (1) of this section, is guilty of an offence and is liable on summary conviction to a fine not exceeding five hundred dollars and to a further fine not exceeding one hundred dollars for every day during which the failure is continued after conviction, and the competent authority may, without prejudice to any further proceedings for a fine in respect of such failure, remove the derelict vehicle so left or caused to be left and may recover the expenses reasonably incurred in so doing from the person in default summarily as a civil debt. (4) Without prejudice to subsection (3) of this section, if a vehicle is not removed within the specified time in compliance with a notice given under subsection (1), then, subject to subsections (8) and (9) of this section, such vehicle shall be deemed to have been abandoned and forfeited to the Crown. (5) Without prejudice to the power of the competent authority to remove a derelict vehicle upon failure to comply with a notice issued under subsection (1) above, the competent authority may at any time without giving such notice remove any derelict vehicle found in a public place. (6) Every person who intentionally and without lawful cause removes or defaces or causes it to be removed or defaced a notice affixed to a vehicle in accordance with subsection (2) of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars. (7) Subject to subsection (8) of this section, where any vehicle has been deemed to have been abandoned and forfeited to the Crown in pursuance of subsection (4) of this section, such vehicle shall be disposed of in such manner as the Minister of Finance may direct, Provided that where the competent authority is a local authority, such vehicle may be disposed of by the local authority and the sale proceeds credited to the account of such authority. (8) If, before a derelict vehicle is disposed of by the competent authority in pursuance of subsection (7) of this section, the derelict vehicle is claimed by a person who satisfies the competent authority that he is its owner and pays the competent authority any expenses incurred in respect of its removal and storage, the competent authority shall permit him to remove the derelict vehicle from its custody during such period as may be specified by the competent authority. (9) Where the competent authority disposes of a derelict vehicle by selling it and before the expiration of three months from the date of sale any person satisfies the competent authority that at the time of such sale he was the owner of the derelict vehicle, the competent authority shall pay over to him any sum by which the proceeds of sale exceed the aggregate of the expenses incurred in respect of the removal, storage and disposal of the derelict vehicle. 31 (10) Where any derelict vehicle is removed or disposed of in pursuance of the provisions of this section, no action, suit or other cause shall lie against the competent authority or the Government, or their agents or servants, unless it is shown that such removal or disposal was motivated by malice or fraud.