Traffic Regulatlon (Encumbran« Remoul ) Regulatlons, 1991

L.N. 20 of I~I

TRAHIC REG ULATION ORlllNANCE

(C AP. 65)

Traffic Regulatlon (Encumbran« Remoul ) Regulatlons, 1991

IN exercise o f th e powers conferred by section 17 of the Traffic

Regulation Ordinance. Ihe Commissioner of Police with the advice of

the Traffic Control Board and the conCurrence uf the Minister of

Finance. h"" made the following regulations:-

These regulations shall be cited as the Traffic Regulation a .. ,ion.

(Nuisance Removal) Regulations, 1991.

In Ihese regul ations. unless the conlext otherwise requires the !"'«p","",ion.

phrase-

"encum brance object" means any motor vehicle. seacraft or

any other thing obstruct in g or otherwise causing any nuisance or

inconvenience in any st reet, road, quay, wharf or other public

place.

The Commissioner of Police may re move. sto re and dispose of

any cncumbering object which is parked, benhed or placed for more

I!>an t!>Tee days in a space which is not lawfull y pcnnilled to be used for

such purpose.

The Commissioner of Police shall be held exempt from any

liabil it y for damages arising in con nection with th e removal. storage and

dis~1 of encumbering objects ill acoordance with regulation 3 of these

regulations

Provided that no person who acts with malice or is guilty of gross

negligence in the performance of his duties d urin g such removal,

storage or disposal. shall be exonerated from liability for damages

caused.

(I) The Commissioner of Police shall publi:;h a notice in th e

Gazelle within one week from such removal. describing the

encumbering object removed and indicating the exact local ity from

where it had been remo~ed .

(2) The Commissioner of Police shall also indicate in the

same notice the place where the encumbering object is being stored.

(I) The Commissioner of Police may order the sale of a Di>poo.a! of

encumbering object if il would still not have been retrieved by its lawfu l 0""",'.

owner within onc month from the publication of a Notice uf Disposal by

the sa id Com missioner in the Ga1ette and three other local newspapers.

calling on such owner!O retrieve such object after producing sufficient

proof of his entitlement thereto or such guarantee which the

Commissioner may deem su fficien t. indemnifying him aga inst any claim

,n connection with the return of such ubject to its lawful owner.

(2) Th e Com missioner of Po lice shall uti lize th e proceeds

from the sale first 10 compensate any outstanding removal o r 510rage

fees due 10 him. and subsequently 10 refund any remaini ng balance in

favour of the persons who would have been entitled \0 retrieve the

objects.

(3) Any sale made in terms of paragraph ( I) of this

regulation shall be made either by public a uction or after a call for

tenders.

(4) llle Commissioner of Pol ice may. in his dIscre tion

dispose of thO:se e ncumbering objects wh ich have no t been re turned or

50Id by public auction or after a call fo r tenders. after having given al

lellst o ne month's notice \0 the Mini ste r of Fi nance .

There shall be payable \0 the Commis.o;ioner of Police the

following fecs:-

(a) for the re moval of the encumbrancc

1.m45.00,O

object . ... ... . ...... ..... ..... .. .... .

(b) for the storage o f the encumbrance

objt!ct, per week o r pan th ereof ... ... ........

Lm20.00 ,O

(c) fo r the auction o r other disposal of the

encumbrance object ...... ... ... .. ..... .. ... ... .... ... ...

Lm20.00,O

l'rovided that when 3dditional expenscs in excess o f each panieular

fee in paragraphs (a), (b) and (c) above have bee n incurred , the

Commissionerof Police shall also have the rigtll torollect such expenses

and subseq uent ly to detract them from the proceeds of any sale or

disposal of the object and to exact paymen t the reof bcforesurrendcring

any object either to its lawful owner or to the purch ase r in the event of a

sale by auction .

Every measure take n by t he Police under these regula tions

shall not prej udice a ny criminal or civi l action .

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