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MOTOR VEHICLES AND ROAD TRAFFIC ACT
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109.   Power of traffic officer to detain or immobilize motor vehicle or trailer

Revised Laws of Saint Lucia (2021)

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109.   Power of traffic officer to detain or immobilize motor vehicle or trailer

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    (1)   A traffic officer in uniform or with proper identification may detain or immobilize or cause to be detained or immobilised a motor vehicle or trailer if the traffic officer believes that — (Amended by Act 10 of 2006)

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      (a)     a person operated a motor vehicle or trailer on a road and —

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        (i)     the motor vehicle or trailer is not registered under this Act,

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        (ii)     the motor vehicle or trailer is loaded in violation of the maximum weight in breach of the conditions of registration,

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        (iii)     the motor vehicle or trailer is in an unroadworthy condition,

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        (iv)     the person has no valid driver's licence or visitor's permit issued under this Act, or

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        (v)     the person is disqualified from driving at the time,

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        (vi)     the person is driving whilst intoxicated;

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      (b)     the motor vehicle or trailer is parked in such a way that it presents a danger to other users of the road or obstructs traffic and the traffic officer considers that it is necessary that the motor vehicle or trailer be removed but the registered owner or driver is absent or refuses to remove it; (Amended by Act 10 of 2006)

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      (c)     the person is operating industrial machinery on a road contrary to this Act;

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      (d)     the person plied a Public Omnibus Route without a valid public omnibus route permit authorising the person to ply that route;

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      (e)     the motor vehicle or trailer is being used on a road under the authority of a Motor Dealer's Licence contrary to section 35(6).

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    (2)   The traffic officer shall arrange for transportation of the occupants of the motor vehicle or trailer to the nearest safe area where they can summon an alternative form of transportation if the traffic officer is satisfied that the detention of a motor vehicle or trailer under subsection (1) would —

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      (a)     jeopardize the safety of the occupants of the motor vehicle or trailer; or

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      (b)     leave the occupants stranded.

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    (3)   Personal property present in a motor vehicle or trailer that has been detained under subsection (1), other than personal property attached to or used in connection with the operation of the motor vehicle or trailer, shall be removed by the occupants at the time of the detention of the motor vehicle or trailer.

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    (4)   Despite subsection (1), if, at any time before a review is conducted under this Act, the Commissioner is satisfied that a motor vehicle or trailer detained or immobilized under subsection (1) is stolen property, the Commissioner shall order the person who has custody of the motor vehicle or trailer to release the motor vehicle or trailer to the owner, or to a person authorised by the owner, if the owner completes a statutory declaration in the prescribed form and pays all costs in relation to the detention.

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    (5)   The Commissioner shall order the person who has custody of the motor vehicle or trailer under detention or immobilization to release the motor vehicle or trailer to the owner, or a person authorised by the owner, if —

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      (a)     the motor vehicle or trailer is detained or immobilized under subsection (1)(a) or (d) and the defect for which the motor vehicle was detained is cured; and

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      (b)     the owner or the driver pays the police detention fees. (Substituted by Act 10 of 2006)

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