37 - Right to Retain Motor Vehicles and Vehicles Towed by Motor Vehicles

The Police, the Norwegian Public Roads Administration, and the Customs Authorities may retain a motor vehicle and vehicles towed by a motor vehicle if the owner has been, or is assumed to be, imposed a fine or penalty fee for violations of provisions stipulated in or pursuant to this Act. Equal to the owner is the person who has the right of disposal over the motor vehicle or the towed vehicle.

Retention may only be decided when it is necessary to ensure payment of the fine, penalty fee, and any associated costs related to the retention, and when such retention is proportionate. In assessing this, consideration shall be given to the size of the fine or penalty fee and the overall circumstances. The retention must cease when payment is made or when sufficient security for the claim is provided as mentioned in the Enforcement Act § 3-4.

If the retention is intended to secure payment of a fine, the vehicle may be retained until the prosecuting authority has decided whether to impose the fine. The prosecuting authority will then determine whether the retention should continue.

The retention may, if necessary, be enforced using mechanical or electronic devices.

Retained vehicles may be sold under the rules in § 37, fifth to eighth paragraphs, if the amount has not been paid within three months after a final decision or a penalty fee has been definitively determined. The provisions in § 38 apply correspondingly to the costs associated with the retention.