37 Effect of detention

37  Effect of detention

(1)     This section applies if a transporter is detained under section 36 [section 36(1)].

(2)     The person to whom the penalty notice was addressed, or the owner or any other person claiming an interest in the transporter, [whose interests may be affected by detention of the transporter,] may apply to the court for the transporter to be released.

(3)     The court may release the transporter if it considers that—

(a)     satisfactory security has been tendered in place of the transporter for the payment of the penalty alleged to be due and connected expenses;

(b)     there is no significant risk that the penalty (or one or more of the

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