(1) If the owner of a vehicle or boat does not, within 28 days of:
(a) the service on the owner of a notice under by-law 38(1); or
(b) the date of publication of the second of the notices mentioned in by-law 38(2);
whichever is the later, pay to the Commission all expenses incurred by it in connection with the removal, custody and maintenance of the vehicle or boat, and of service or advertisement of the notice, and take possession of the vehicle or boat, the Commission may, subject to clause (2) and by-law 40(1), sell the vehicle or boat by auction.
(2) If a vehicle or boat:
(a) is immobile and cannot be repaired at a cost which does not exceed its value; and
(b) has no identification marks; and
(c) in the opinion of the Commission has a value of less than $200;
the Commission may dispose of the vehicle or boat in such manner as it thinks fit.