The threat of vehicle seizureand the process to regain it can be frustrating to motorists.

Despite this, some motorists seem to always fall into the predicament, even claiming the act is unlawful. Towing becomes even more prevalent at Christmastime, as more motorists search desperately for limited parking spots and often end up leaving their vehicles where they are not allowed to.

Some motorists believe that law enforcers and wrecking companies alike abuse their authority and conduct unlawful towing to make a quick penny.

“Problem is dat there have been cases of persons parked legally, and hustler wreckers tek up di car dem same way suh dem can ‘eat a food’,” a source on the wheelsjamaica.com chat forum stated.

But what circumstance warrants a ticket, as opposed to towing? A

Jamaica Observer probe found that there are specific circumstances within which a vehicle can be impounded — some even without the driver’s knowledge.

“An individual should be issued a ticket rather than have the vehicle towed in the following circumstances: not wearing a seat belt, speeding, disobeying stop sign or traffic lights. If it is a passenger vehicle, the driver may be issued a ticket for picking up passengers at a place that’s not a legal bus stop, or for having too many passengers,” Pearnel Charles Jr told the

Sunday Observer.

He said that a vehicle should only be towed “if the vehicle is not licensed or registered; if the registration plate or licence is obscured or not easily distinguishable; if they found drugs or any illegal firearm; if it’s stolen; or if any PPV (public passenger vehicle) is operating without a road licence or carrier licence”.

Charles and another attorney, Keith Bishop, confirmed that it is lawful for traffic authorities to permit towing of an individual’s vehicles even without the person being present.

“But it depends on the circumstances. For example, if a vehicle is parked illegally and the owner is not around, the authorities can legally seize it (the vehicle),” Charles said adding, “the Road Traffic Act supports this.”

“Section 116 of the Road Traffic Act (The Principal Act), when read in conjunction with the Road Traffic Act (Removal of vehicles) Regulation, 1961, would suggest that under certain circumstances this can be done,” Bishop stated when asked whether a vehicle can be lawfully towed without the owner’s knowledge.

The Road Traffic (removal of vehicles) Regulation states that a constable can order the removal of a vehicle if it has broken down in the road and is in a position to cause danger to other motorists, or it (the vehicle) appears to have been abandoned.

It further notes that the “constable may require the owner, driver or other person in control or in charge of any vehicle to move such vehicle or cause it to be moved”.

When the

Sunday Observer spoke with a wrecking company, the manager at the organisation who requested anonymity stated that a vehicle can also be towed on the highway at the operator’s request.

In cases where a vehicle owner arrives before the vehicle is placed on to the wrecker, the law permits that the driver can be issued a ticket by the police or traffic warden as opposed to being towed. But this isn’t always practised.

“I am not entirely clear on the position of the law, but in the case of a vehicle that is being towed (before being lifted to the wrecker) and the owner presents himself and is willing to remove the vehicle from the location, doesn’t the driver have the right to remove the vehicle (he/she may be given a ticket for his parking violation by the police officer or parking warden present)? I also ask this question because before the vehicle was lifted to the wrecker, a gentleman made himself present and offered to move the vehicle to avoid it being towed away. The men working on the wrecker refused to leave the vehicle and at no time did the parking warden even appear interested in leaving the cab of the wrecker to even hear the man’s plea,” a source in the online forum stated.

“As regards the issue of removing the vehicle, the KSAC’s rule is that the motorist should be ticketed if (s)he appears on the scene before the vehicle is hooked up. Once the vehicle is hooked up and is removed from its parked position, the discretion is out of the hands of the enforcement officer and the vehicle must be removed to the pound,” a KSAC representative stated in response to the query.

“The enforcement officer is also required to thoroughly inspect the motor vehicle before it is removed. This definitely requires the officer to alight from the tow truck in order to carry out this inspection. We do have a challenge, however, as sometimes persons who have no connection to the vehicle will present themselves to the warden in an effort to either frustrate the operation, or as a mark of empathy with the absent owner/operator of the vehicle,” the response continued.

According to Charles, vehicles seized under the Road Traffic Act are kept at the pound until the Act is complied with.

“However, if the vehicle is seized for operating contrary to the road licence, it must be released by the court. The driver must be summoned, not ticketed, before the court at the earliest possible date,” he explained.

He noted that only approved wrecker companies have the authority to tow vehicles. These companies act under the instruction of a police officer or a representative from the Transport Authority.

“The following are the authorised tow truck companies: Lloyd’s Troupe and Rebel T in Hanover; Richards Wrecking Co and Wallace Wrecking Co in Westmoreland; Watson Wrecking Co, Clarendon; High Performance Wrecking Co, Portland; Knife Wrecking Co and Chris Wrecking Co, St Ann; Breezy Towing and Martin Wrecking, St Mary; Al Wrecking Co and Ethiopian Wrecking, St James; Tyrone’s Wrecking Service, St Elizabeth; Walters Wrecking Service, Big Rat Auto, and George’s Garage, Manchester; National Recovery Limited, Kingston Eastern; Pryce Wrecking Service, Crooks Brothers Wrecking, Superior Wrecking Service, SEDD Wrecking, and Lamour’s Wrecking Service, St Andrew Central; Lindo’s Garage & Wrecking Service, St Andrew South; Brown’s Wrecking Service and Keith’s Wrecking Service, St Catherine North; Compak Auto Body Repair & Wrecking Service, Meally’s Wrecking Service, and Excellent Wrecking & Transportation Services Ltd, St Catherine South,” he informed.

“If the wrecker company towing the individual’s car is not on the approved list, that person should call 1-888-429-5523. This is the number for the Police Complaints Service,” he continued.

According to the manager at the wrecker company, it costs an owner approximately $5500 for a vehicle to be towed. This price he said increases depending on the distance travelled.