Road Traffic Management and Penalty Act Article 85-3

With respect to the removal and detention specified in Paragraph 1 and 4 of Article 12, Article 35, Paragraph 1 and 2 of Article 35-1, Paragraph 4 of Article 56,Paragraph 2 of Article 57, Paragraph 6 of Article 62, Paragraph 2 and 3 of Article 71-1, Paragraph 1 of 72-2, Paragraph 2 and 3 of Article 73, and the first paragraph of the preceding Article, a traffic police officer or an officer who is ordered to perform traffic inspection duties may directly transfer or detain a vehicle, and a traffic assistant may directly carry out the transfer under Paragraph 4 of Article 56. The said removal or detention may be handled by private tow trucks by contract.The owner of the vehicle may be charged a removal fee and a storage fee for the removal or detention of the vehicle. If the vehicle owner fails to pay the fees, he/she shall be required to pay them.If the owner of the vehicle mentioned in the first paragraph has been notified of the transfer, custody or detention of the vehicle and the vehicle has not been claimed by the deadline or the owner cannot be identified, and if the vehicle has been posted for three months but still has not been claimed, the vehicle shall be sold by the custodian agency of the vehicle at an auction. The proceeds of the auction shall be deposited in accordance with the law after deduction of fines, transfer fees, storage fees, and other necessary expenses incurred in violation of the Act.The unclaimed vehicles announced in the preceding paragraph shall be removed in accordance with the provisions of the Waste Disposal Act and its related regulations if they meet the criteria for identification of abandoned vehicles.Vehicles or other objects subject to forfeiture under the Act may be auctioned, destroyed, or removed in accordance with the Waste Disposal Act and its related regulations, as determined by a judgement or adjudicator.The methods of removal and storage, collection of fees, public auction, and transfer for disposal in the preceding five paragraphs shall be determined by the MOTC and the MOI at the central level, and by the municipal and county (city) governments under the direct jurisdiction of the local government in accordance with their respective powers and responsibilities.