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Can the police detain a motor vehicle willy-nilly?

Jul 01, 2013 Letters

 

Dear Editor,
A few days ago, it was published in one of the dailies that a motor car was ordered into the Cove and John Police compound after the passenger with her suitcases was ordered out of the vehicle when it was stopped to purchase cane juice from a roadside stand and she was left stranded on the Public Road. Is this one of the Clause of the Motor Vehicles and Road Traffic Regulations whereby the Police can detain a Motor Vehicle willy-nilly for minor infractions if any? I was of the impression that the Police can detain any vessel, aircraft or vehicle under the following circumstances:-
a. If it is suspected that anything is/was stolen or suspected to be stolen is conveyed therein.
b. If it was used in the commission of any crime.
c. If the driver is under the influence of drink or drug so as to be incapable of controlling that vehicle.
It must be noted that Traffic Offences are not criminal offences, only in Motor manslaughter or driving under the influence of drink or drug.
It was also my impression that a Motor Vehicle can only be detained by a Certifying Officer and before doing so he must give you a Notice to present the vehicle to be examined at a time and date at a particular place.
If my comments have any merit, I hope the Legal Fraternity take note and there is an urgent reply by the Police Public Relations Officer to clear any misconceptions.
Walter D. Chand

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