36 Power to detain vehicles etc in connection with penalties under section [31A or] 32

36  Power to detain vehicles etc in connection with penalties under section [31A or] 32

(1)     If a penalty notice has been given [issued] under section 35, a senior officer may detain any relevant—

(a)     vehicle,

(b)     small ship, . . .

(c)     small aircraft, [or

(d)     rail freight wagon,]

until all penalties to which the notice relates, and any expenses reasonably incurred by the Secretary of State in connection with the detention, have been paid.

(2)     That power—

(a)     may be exercised only if, in the opinion of the senior officer concerned, there is a significant risk that the penalty (or one or more of the penalties) will not be paid before the end of the prescribed period if the transporter is not detained; and

(b)     may not be exercised

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