Section 64
Power to seize motor vehicle
When any person is found or is reasonably believed to be using a motor vehicle in contravention of this Act or any order or prohibition made, or in contravention of the terms of the licence for such motor vehicle, any police officer, any road transport officer
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authorized in writing in that behalf by the Director General, or the
Dato Bandar may, whenever it appears that such motor vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of the offence, take or cause to be taken or require the person in charge of a motor vehicle to take such motor vehicle to a place of safety, thereto be kept until released by order of a Magistrate, Chief Police Officer, a Director, a Deputy
Director authorized in writing in that behalf by the Director General, or the Dato Bandar, provided and subject to subsection (3), such motor vehicle shall not be detained longer than is necessary to ascertain the identity of the driver or to secure the discontinuance of the offence, and if any person refuses or neglects to comply with any such requirement, he shall be guilty of an offence.
(2)
Any unauthorized person removing or causing to be removed such motor vehicle from the place of safety shall be guilty of an offence.
(3)
Any vehicle which has been removed in accordance with subsection (1), may be detained in some suitable place and there to remain at the risk of the owner until any fees as may be prescribed under this Act for such removal and detention are paid.
(4)
When any motor vehicle is detained under this section, the police officer or road transport officer detaining the same shall as soon as reasonably practicable, give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him and if within three months from the date of its detention the motor vehicle is not claimed by its owner, that officer shall refer the matter to a Magistrate, who shall make such order as he thinks fit in respect of the forfeiture or disposal of the motor vehicle and its load (if any).
(5)
If a motor vehicle detained has perishable loads and the storage of such loads pending final forfeiture or disposal order under subsection (4) involves unreasonable expense and inconvenience, the
Director may direct that such loads be sold or disposed of at any time and the proceeds of sale held to abide by the result of any prosecution or claim under this section.
98 Laws of Malaysia ACT 333