Vehicle as security, forfeiture, sale, interest in vehicle
30(1)Repealed: 1990, c.22, s.2
30(2)Where a person has been arrested under section 119 of the
Provincial Offences Procedure Act for an offence under this Act and is brought before a judge under section 125 of the
Provincial Offences Procedure Act, the judge may, when proceeding under subsection 128(3) of the
Provincial Offences Procedure Act accept the deposit of the off-road vehicle involved in the alleged offence as security.
30(3)If a defendant fails to appear at the time and place fixed by the judge under subsection (2), the surrendered vehicle shall be forfeited to the Crown in right of the Province.
30(4)Where a vehicle is forfeited to the Crown under subsection (3), the Registrar, after the expiry of sixty days from the date of such forfeiture, may arrange for the sale of the vehicle, by auction or otherwise.
30(5)Where any person, other than the defendant, claims to own or to have a partial interest in a vehicle forfeited to the Crown under subsection (3), such person may apply to The Court of King's Bench of New Brunswick for an order declaring
(a)
that such person is the owner of the vehicle, or
(b)
that such person holds a partial interest in the vehicle, and the extent of such interest,
and that such person was not involved in the alleged violation.
30(6)Where a person who has obtained an order under subsection (5) presents the order to the Registrar, the Registrar shall,
(a)
where the person has been declared the owner of the vehicle,
(i)
if the vehicle has not been sold under subsection (4), restore the vehicle to the owner, or
(ii)
if the vehicle has been sold, deliver the proceeds of the sale to the owner, less any costs incurred in conducting the sale, or
(b)
where the person has been declared to hold a partial interest in the vehicle, proceed with a sale under subsection (4) and deliver to the person that percentage of the proceeds of the sale equivalent to the extent of the person’s interest in the vehicle, less a like percentage of the costs of the sale.
1990, c.22, s.2; 2003, c.7, s.27; 2023, c.17, s.180