(1) The Commissioner may sell, in accordance with subsection (2), a motor vehicle or trailer detained or immobilized under this Act, if after the expiration of 30 days after the period of detention —
(a) the release of the vehicle has not been secured; and
(b) no application for review has been made under section 121 or no other application in relation to the motor vehicle or trailer is pending before a court; and
(c) the Commissioner applies for a charge in respect of a police detention fee to be endorsed on the Register under section 8 and the charge is endorsed and has not been settled.
(2) The Commissioner may sell a motor vehicle or trailer detained or immobilized under this section —
(a) by private agreement, if —
(i) the value of the police detention fees on the motor vehicle exceeds the estimated value of the motor vehicle or trailer, and
(ii) the Commissioner gives to the registered owner, at the registered address, and to any registered creditor, 14 days notice of his or her intention to dispose of the motor vehicle if the police detention fees are not paid; or
(b) subject to section 115, by public auction.
(Substituted by Act 10 of 2006)