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Transport Act (Northern Ireland) 1967
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Changes over time for: Section 39
Version Superseded: 01/07/2012
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- 01/01/2006- Amendment
- 01/01/2006
Point in time - 01/07/2012- Amendment
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39 F1Power to seize certain articles.N.I.
(1)If an inspector appointed under this Part has reasonable cause to believe that a document produced to him in pursuance of this Part is a document in relation to which an offence has been committed under section 34 or 35, he may seize the document.
(2)Where a document is seized under subsection (1), the person from whom it was seized shall, unless the document has been previously returned to him or he has been previously charged with an offence in relation thereto under either of the sections referred to in subsection (1), be summoned before a court of summary jurisdiction to account for his possession of the document and the court shall make such order respecting the disposal of the said document and award such costs as the justice of the case may require.
(3)If an inspector appointed under this Part has reasonable cause to believe that a document or mark carried on a motor vehicle, or by the driver thereof, is a document or mark in respect of which an offence has been committed under—
(a)section 34, in relation to any notice or distinguishing mark prescribed under section 26; or
(b)section 34 or 35, in relation to a vehicle licence;
he may seize the document or mark, and for the purposes of this subsection the power to seize shall include the power to detach from a vehicle.
(4)Where a document or mark is seized under subsection (3), either the owner or driver of the vehicle shall, if the document or mark is still detained and neither of them has been charged with an offence in relation thereto under either of the sections referred to in subsection (3), be summoned before a court of summary jurisdiction to account for his possession of, or the presence on the vehicle of, the said document or mark, and the court shall make such order respecting the disposal of the said document or mark and award such costs as the justice of the case may require.
F1mod. by SR 1987/187, 383
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