Vehicles detained, seized, impounded or taken into custody
197(1)Except as otherwise provided in this Act, a vehicle detained, seized, impounded or taken into custody of law under this Act, shall be stored in such place as the Minister or the Registrar may direct and the owner of such vehicle at the time of such detention, seizure, impounding or taking into custody shall be liable for the costs and charges for the storage and moving thereof.
197(2)The Minister has a lien upon a vehicle detained, seized, impounded, moved or taken into custody of law under this Act for the costs and charges incident to the moving and storage of that vehicle and also and in addition thereto for the amount of any fine imposed upon the owner of such vehicle under this Act in respect to the operation of such vehicle.
197(3)If the costs and charges referred to in subsection (2) incident to the moving and storage of such vehicle, or if the fine therein referred to or any part thereof remained unpaid for a period of three months after the date of such detention and seizure, and if it has been found impossible to enforce the term of imprisonment to which the person so convicted of an offence under this Act is liable, in default of payment of such fine the Minister shall have the right in addition to all other remedies provided by law, to sell such vehicle by public auction.
197(4)Whenever a vehicle registered under this Act is seized upon process of law by any authority, the registration of the vehicle shall terminate and the registration plate and the certificate of registration respecting the vehicle shall be returned to the Registrar at the central office of the Division at Fredericton within ten days from the date of the seizure, but the Minister may in his discretion release the certificate of registration and registration plate.
197(5)In the event of the Minister proceeding to sell the vehicle at public auction under subsection (3) notice of such sale shall be published in
The Royal Gazette, and in a newspaper having a general circulation in the county in which the sale will take place for at least two issues prior to such sale; the notice shall set out the name of the registered owner of the vehicle, the total amount covered by the lien thereon, a description of the vehicle, the time and place of the sale, and the name of the auctioneer, and in addition to the publication, a like notice in writing shall be left at the latest known place of residence of such registered owner, if a resident of this Province, at least two weeks prior to the sale.
197(6)The Minister shall apply the proceeds of the sale in payment of the costs and charges of storage and the fine, damages to property or persons if any, and the costs of advertising and sale; and, upon application, the Minister shall pay over any surplus then remaining to the registered owner of such vehicle.
197(7)Notwithstanding subsection (6), where any person, other than the registered owner thereof, claims to be the owner of such vehicle or to have an interest therein by reason of a lien or otherwise, the Minister upon receiving notice of such claim or claims shall pay over the surplus to the Registrar of The Court of King’s Bench of New Brunswick, there to be disposed of as between the registered owner and claimant or claimants as a judge of the Court may by order direct.
197(8)Notwithstanding anything hereinbefore contained in this section, when within seven days after a vehicle has been detained, seized, impounded or taken into custody of law under this Act, the registered owner cannot be found after enquiry or no one notifies the Registrar that he is the owner of such vehicle, and the Registrar ascertains that the vehicle has a market value that does not exceed the amount prescribed by regulation, the Registrar may
(a)
with the authorization of the Minister, and
(b)
upon notice in
The Royal Gazette specifying the name of the registered owner, if any, a short description of the vehicle, and giving notice of the day after which it is proposed to dispose of the vehicle,
dispose of the vehicle as he sees fit getting the best price possible therefor under the circumstances, and the proceeds therefrom, if any, shall be applied by the Minister in the manner provided for in subsections (6) and (7).
1955, c.13, s.177; 1956, c.19, s.15, 16; 1959, c.23, s.12; 1961-62, c.62, s.70; 1979, c.41, s.85; 1981, c.48, s.10; 1982, c.3, s.47; 2016, c.8, s.4; 2020, c.2, s.6; 2023, c.17, s.162