We've all either had our vehicle get wrecked or seen someone's vehicle get wrecked at one time or another. But what exactly are our rights when police attempt to wreck our vehicle?
.When wrecking a vehicle a duty is placed on the relevant police officer to:
“(i) make brief enquiries in the immediate vicinity in effort to locate the driver;
(ii) if he is not found, remove the vehicle;
(iii) if the driver is found, prefer the relevant charge(s) against him for the offence committed and request him to remove the vehicle. However, if he refuses, impound the vehicle.”
Source: TTPS Standing Order No. 44 15(b) (i), (ii) and (iii)
Additionally, “where a vehicle has been hooked up or is in the actual process of being hooked up to a wrecker, but the vehicle has not been removed from where it was parked and the driver or person in control of the vehicle simultaneously appears and claims the vehicle, he shall-
(i) Release the vehicle to the driver or person claiming the vehicle;
(ii) Issue a ticket(s) for the offence(s) committed; or
(iii) Prosecute the driver or person in charge of the vehicle for non-ticketed offence(s) committed.”
Source: TTPS Standing Order No. 44 15(c) (i), (ii) and (iii)
Important Notice: This post does not constitute or provide legal advice. Always consult with a suitably qualified attorney-at-law on any legal problem or issue.
Law For All is managed by the Aurora Chambers Legal Practice.
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