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BDifficulty 2/5

A driver commits the offence leading to a vehicle being immobilised by the authority, without theft or use against the owner’s wishes. Under article 104.6, who initially bears the immobilisation costs?

Correct answer

The driver who committed the offence.

The driver who committed the offence. Failing that, they fall on the habitual driver or lessee and, in their absence, the owner. The Act provides an exception for duly justified theft or use against the owner’s wishes. These costs differ from a fine and from removal and storage costs under article 105. Rights of appeal and recourse against the responsible person remain available.

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  • Nobody, because immobilisation never incurs costs.

  • The driver who committed the offence.

  • The traffic officers.

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