VETOES

(a) The following shall be subject to forfeiture and no
property right shall exist in them:

(4) All conveyances including aircraft, vehicles or
vessels, which are used, or intended for use, to transport, or in
any manner to facilitate the transportation, sale, receipt,
possession, or concealment of property described in paragraph (1)
or (2) of this subsection, except that:

(i) No conveyance used by any person as a
common carrier or vehicle for hire in the transaction of business
as a common carrier or vehicle for hire shall be seized or
forfeited under this subheading unless it appears that the owner
or other person in charge of the conveyance was a consenting
party or privy to a violation of this subheading;

(ii) No conveyance shall be forfeited under the
provisions of this section by reason of any act or omission
established by the owner thereof to have been committed or
omitted by any person other than such owner while such conveyance
was unlawfully in the possession of a person other than the owner
in violation of the criminal laws of the United States, or of any
state; [and]

(iii) No conveyance shall be forfeited under
the provisions of this section to the extent of the interest of
any owner of the conveyance who neither knew nor should have
known that the conveyance was used or was to be used in violation
of this subtitle; AND

(IV) NO CONVEYANCE SHALL BE FORFEITED UNDER THE
PROVISIONS OF THIS SECTION UNLESS THE STANDARDS FOR SEIZURE OF A
MOTOR VEHICLE REQUIRED UNDER SUBSECTION (F)(1) OF THIS SECTION
ARE ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE IN A
FORFEITURE PROCEEDING UNDER SUBSECTION (H) OF THIS SECTION;

(f) In exercising the authority to seize motor vehicles
pursuant to this section the following standards shall be
utilized:

(1) A motor vehicle used in violation of this section
shall be seized and forfeiture recommended to the State's
Attorney when:

(i) Controlled dangerous substances in any
quantity are sold or attempted to be sold in violation of this
subtitle;

(ii) Although the violator has not sold or
attempted to sell controlled dangerous substances in violation of
this subtitle, an amount of such substances or paraphernalia is
located which would reasonably indicate that sale is contemplated
by the violator;

- 5212 -