S.L. 65.13 ст. 8Disposal of encumbering objects.

(1) The Commissioner or the Authority or the

Council or the Agency shall order the sale of an encumbering object or an abandoned vehicle, when it is not retrieved by its lawful owner, in the case of an encumbering object, or by the holder of the registration certificate in the case of an abandoned vehicle, within seven (7) days from the date when a notice of removal is affixed on the encumbering object or abandoned vehicle or from the date when a notice of removal is published in the Gazette or on the website of the entity which has removed the encumbering object or abandoned vehicle, whichever is the latest, calling on such owner, in the case of an object, or the holder of the registration certificate, in the case of an abandoned vehicle, to retrieve such object or abandoned vehicle after producing evidence that he is the owner of the object or the holder of the registration certificate of such abandoned vehicle:

Provided that with regard to derelict vehicles the Commissioner or the Authority or the Council or the Agency shall have the right to proceed to destroy the said motor vehicle in accordance with the procedures established in the Waste Management (End of Life Vehicles) Regulations instead of ordering the sale thereof:

Provided further that with regard to vehicles, whether abandoned or derelict, which have been sold under a hire purchase agreement, the Commissioner or the Authority or the Council or the Agency, prior to proceeding with the sale by auction or destruction thereof, as the case may be, shall first send a written notice by registered letter to the seller of the said vehicle under the hire purchase agreement informing him that the vehicle is being held in the custody of such entity and shall be sold by auction or destroyed, as the case may be, unless he proceeds to retrieve the vehicle in question by not later than fifteen (15) days from the date of notification of such notice upon paying in full and final settlement all amounts due to the Authority and, or any other public entity with regard to the said vehicle.

(2) The Commissioner or the Authority, or the Council or the Agency, shall utilise the proceeds of the sale first to settle any outstanding removal or storage fees due to them, as well as the payment of any registration tax, administrative fines, administrative fees, any fines imposed by a court order or judgment or an order or judgment given by a tribunal, any arrears of circulation licence fees and all other amounts due to the Authority; and subsequently to refund any remaining balance in favour of the persons who would have been entitled to retrieve the encumbering object or motor vehicle.

(3) Any sale made in terms of sub-regulation (1) shall be made either by public auction or after a call for tenders.

(4) The Commissioner or the Authority or the Council or the Agency may, in their discretion, dispose of those encumbering objects or motor vehicles which have not been returned or sold by public auction or after a call for tenders.

(5) Where the encumbering object removed is a sea-going vessel which is less than twenty-four metres in length, the Commissioner or Council, as the case may be, shall notify the Maritime Officer in writing within eight days of the removal about the registration particulars of such sea-going vessel and the manner and circumstances in which such vessel came in his possession.