National Land Transport Act, 2009 (Act No. 5 of 2009)

Chapter 7 : Law Enforcement

Purchase

(1)

An authorized officer who is satisfied on reasonable grounds that a motor vehicle is being used by any person for the operation of public transport without the necessary operating licence or permit or contrary to the conditions thereof, may impound the vehicle pending the investigation and prosecution of that person for an offence mentioned in section 90(1)(a) or (b).

(2)	A vehicle impounded under subsection (1) must be delivered to the head of the depot contemplated in subsection (4), who must retain the vehicle in the depot and release it to the person concerned only—

(a)	when the criminal charges against the person have been withdrawn or the person has been acquitted of the offence charged; or

(b)	in the case where the person is convicted of the offence charged, and unless the court has ordered otherwise, on payment to the head of the depot of the amount determined by the MEC, which is an impoundment fee.

(3)	The impoundment fee must be increased accordingly, for the second or subsequent impoundment of a vehicle.

(4)	The MEC or municipality may, by notice in the Provincial Gazette, designate any suitable place denned in the notice to be a depot.

(5)	The MEC or municipality may amend or withdraw such notice, as it deems fit.

(6)	The MEC or municipality must appoint an authorized person as the head of the depot.