Motor Traffic (Amendment) Act 2009

if he has reason to believe —

that it has been manufactured, assembled, fabricated, innovated, adapted, modified, or its construction changed, illegally or otherwise than in conformity with the prototype approved by the

that it has been assembled otherwise than with branded new parts or without the permission of the manufacturer of those parts;

that it is mechanically defective;

that it fails to comply with prescribed standards of safety;

that it is stolen ;

that the identity of the vehicle is false or in doubt;

that the chassis number has been tampered with;

that the applicant for registration of the vehicle has failed to furnish particulars of a previous registration, if any;

that the applicant has furnished inaccurate particulars in the application for registration of the vehicle; or

that the vehicle has been imported with forged documents or that the application for registration contains a forged signature or is accompanied by forged documents;

where the motor vehicle comprises features which —

are not in accordance with the particulars contained in the application;

are not in his opinion roadworthy or are by reason of its design, construction or any condition thereof or any equipment thereof are not in compliance with the provisions of this Act;

require the prior written approval of the

have been manufactured, assembled, fabricated, adapted, modified or the construction of which has been changed in any manner, without the prior written approval of the Commissioner-General.

The decision of the Commissioner-General not to register a motor vehicle by reason of his findings under paragraphs (a) or (b) shall be final.

Any person who submits an application for registration, which contains a forged signature or is accompanied by forged documents shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not exceeding fifteen thousand rupees. ”.

forthwith inform the Commissioner General in the specified form, of any circumstance or event which affects the accuracy of any entry in the registers relating to the motor vehicle and shall at the same time forward or deliver to the Commissioner-General the Certificate of Registration of such motor vehicle accompanied by the prescribed fee ; and

where he intends to effect such alteration in a motor vehicle as will change the class, overall measurements, external appearance , wheel base or seating capacity as specified in the

The registered owner of a motor vehicle who contravenes or fails to comply with any of the provisions of the preceding subsections shall be guilty of an offence and shall, on conviction be liable to a fine not less than ten thousand rupees and not exceeding twenty thousand rupees.”.

the registered owner shall, within fourteen days after such change of possession —

transmit direct to the Commissioner

shall deliver to the new owner the duly perfected prescribed Forms B, B1, C and C1, the Certificate of Registration relating to the motor vehicle or a duplicate thereof, and the revenue licence of that motor vehicle, and shall retain the duly perfected prescribed

such motor vehicle shall not be used at any time after fourteen days of such change of

(a) A registered owner who fails to inform the Commissioner-General of the change of possession within fourteen days shall be guilty of an offence and shall on conviction be liable to a fine not less than three thousand rupees and not exceeding six thousand rupees.

The new owner of a motor vehicle who fails to apply within fourteen days after change of possession to be registered as the new owner shall be guilty of an offence and shall on conviction be liable to a fine not less than one hundred rupees for each day after the fourteenth day up to the forty fourth day of such failure.

The new owner of a motor vehicle who fails to apply within forty four days after change of possession to be registered as the new owner shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not exceeding ten thousand rupees.

A registered owner or a new owner who submits any document which is forged or which contains a forged signature shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees, and not exceeding fifteen thousand rupees.

A police officer may detain a motor vehicle, the possession of which has changed and which is in use on a road for such period as may reasonably be necessary for the purpose of verification of ownership and shall release it to the new owner—

on confirmation by the Commissioner-General that such vehicle has been registered in the name of the new owner thereof; and

on production of the Certificate of

by the substitution in paragraph (a) thereof, for the words “within seven days” of the words, “within fourteen days” ;

by the substitution in paragraph (b) thereof for the words “within fourteen days”, of the words “within sixteen days”;

by the repeal of paragraph (e) of that subsection and the substitution therefor of the following paragraph :—

be made to the Commissioner General substantially in the prescribed Forms Band C;

shall set out all particulars relating to that motor vehicle in respect of such of the matters specified in that form as may be applicable to that motor vehicle ;

if he has reason to believe—

that it has been manufactured, assembled, fabricated, innovated, adapted, modified, or its construction changed, illegally or otherwise than in conformity with the prototype approved by the Commissioner-General ;

that it has been assembled otherwise than with branded new parts or without the permission of the manufacturer of those parts;

that it is mechanically defective;

that it fails to comply with prescribed standards of safety;

that it is stolen ;

that the identity of the vehicle is false;

that the chassis number has been tampered with;

that the applicant for registration of the vehicle has failed to furnish particulars of a previous registration if any;

that the applicant has furnished inaccurate particulars in the application for registration of the vehicle; or

that the vehicle has been imported with forged documents or that the application for registration contains a forged signature or is accompanied by forged documents;

where the motor vehicle comprises features which—

are not in accordance with the particulars contained in the application;

are not in his opinion roadworthy or which by reason of its design, construction or any condition thereof or any equipment thereof, are not in compliance with the provisions of this

require the prior written approval of the Commissioner-General for the import thereof and has been imported without obtaining such approval;

have been manufactured, assembled, fabricated, adapted, modified or the construction of which has been changed in any manner, without the prior written approval of the

the registered owner thereof is dead, or cannot be found or that such vehicle has ceased to be a motor vehicle ; or

the registration of such motor vehicle has been obtained on the basis of documents which were , or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the Certificate of

The Commissioner - General shall, on receiving evidence or information to the effect that a motor vehicle has not been issued a revenue license for two consecutive years and has not been issued a Certificate of Non-user issued by the

The Commissioner - General may order the examination of any vehicle, and if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post to his address entered in the

Where the registration of a motor vehicle has been cancelled under paragraph (b) of subsection (2) or where the identity of the vehicle or the identity of the owner of such vehicle is in question, such vehicle may be considered for re-registration under this Part, provided that—

the owner complies with the provisions of this

the vehicle is inspected by an officer authorized for the purpose by the

Upon the cancellation of the registration of a motor vehicle, the registered owner shall cease to use such vehicle and shall return the identification plate to the Commissioner - General within seven days from the date of being notified of such cancellation.

(a) The Commissioner - General shall maintain a register of written off vehicles in accordance with the prescribed procedure, wherein information regarding motor vehicles that are written off, is entered. Such register shall be made available for inspection by the public during office hours.

Entries in the register of written off vehicles may be made, amended and removed only in accordance with regulations made hereunder.

For the purposes of subsections (7) and (8) a motor vehicle shall be written off only if, –

the vehicle has been damaged by collision, fire, flood, accident, trespass or other event or circumstances ; and

the insurer of the vehicle or, if there is no insurer, the registered owner of the vehicle makes a determination that the extent of the damage is such that the vehicle’s fair salvage value plus the cost of repairing it for use on a road or road related area would be more than its fair market value immediately before the event or circumstances that caused the damage.

An insurer of a vehicle referred to in sub-section (a) is taken to have made a determination under paragraph (b) of subsection (9) if the insurer—

allows a claim for the full insured value of the vehicle ; or

disposes of the vehicle to a third party.

A registered owner of a vehicle referred to in subsection (9) (b) is taken to have made a determination under that section if the registered owner disposes of the vehicle to a motor wrecker.

The Commissioner General shall ensure that a person who notifies the Commissioner General of a written-off vehicle, or who applies for an entry on the register of written-off vehicles to be amended or removed, is informed at the time of notification or application (as the case requires) that any information given or document submitted in connection with the notification or application, or a copy of such document, may be disclosed or used for investigation, law enforcement and allied purposes.

The Minister may make regulations regarding the disposal of written off vehicles, and the records to be kept in that regard.

Any person who contravenes any provision of this section shall on conviction be liable to a fine not less than ten thousand rupees and not exceeding twenty thousand rupees and on a second or subsequent conviction to a fine not less than twenty thousand rupees and not exceeding thirty thousand rupees.”.