39 - Right of Lien and Enforcement

Overdue fees pursuant to § 31, cf. § 31 a, and § 36 a are secured by a lien in the relevant vehicle. The same applies to fines imposed or levied under road traffic legislation when the driver and owner are the same person. This lien takes precedence over all other rights in the vehicle but ceases if the vehicle is transferred to a new owner who neither knew nor should have known about the lien. However, the lien is subordinate to claims for taxes and fees to the state and municipality secured by a lien in the vehicle if the enforcement proceedings were registered before the fees or fines accrued.

Fees pursuant to § 31 constitute grounds for enforcement against the debtor and against the person who was registered as the owner of the vehicle at the time of the violation unless the vehicle had been unlawfully taken from them due to a criminal act. Fees pursuant to § 36 a constitute grounds for enforcement against the person who was the owner or registered owner of the vehicle at the time of the overloading.

In cases of municipal enforcement pursuant to § 31 a, second paragraph, the municipality may collect the fees according to the rules applicable to taxes, cf. the Tax Payment Act, Chapter 13, and §§ 14-2 to 14-5. Claims mentioned in this section are collected by the Norwegian National Collection Agency unless the Ministry decides otherwise.