The Jamaica Constabulary Force (JCF) has overhauled its policy relating to the seizure of motor vehicles with the rank of the officer authorising the seizure raised from sergeant to inspector.
The change is outlined in the JCF’s Force Orders and, according to the explanation given, is intended to increase accountability, reduce misuse of authority, and ensure that the actions taken are justified and based on careful review of all circumstances.
The entry in the Force Orders notes that there are currently many instances where motor vehicles are seized by the police without due care for the risk to persons and property. It also highlighted that the seizure of vehicles under the Road Traffic Act is not mandatory.
According to Section 13 of the Road Traffic Act (2018), vehicles are liable to be seized for being unlicensed, having no decal, having no registration plates affixed, where registration plates are obscured, and operating a motor vehicle without the requisite licence.
Significantly, the Force Orders said the issue of traffic tickets for these breaches is sufficient. It is in this regard that the JCF has charged ranks authorising seizures with examining each case on its own merit and exercising discretion accordingly.
Where a decision is made for seizure, the exposure of persons, property and businesses to serious harm/loss must be considered. Also to be taken into consideration are circumstances where;
A vehicle is seized for being unlicensed when young children and babies are aboard
The seized vehicle is filled with perishable goods for not having a commercial licence
The vehicle is seized for being unlicensed during a weekend or before midday on a Monday, when persons are heading to work and intend to have their vehicles licensed
-A commercial vehicle is seized for obscured registration plates, especially in circumstances where entities and their contractors are providing critical services including lighting and cable.
According to the Force Orders, whenever vehicles are being seized, only approved wrecking companies must be engaged through the Police Emergency Communication Centre at the rates approved by the Transport Authority.
The wrecker rates are as follows:
Tow (within a 5km radius)
Motor Car $12,000.00
Coasters & Hiace Buses $22,500.00
Tow (over 5km radius)
Motor Car $600.00 p/km
Coasters & Hiace Buses $800.00 p/km
No-key Towing
Motor Car $4,500.00
Coasters & Hiace Buses $6,000.00