11. Amendment of section 12 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 12 of the principal enactment is hereby amended as follows :—

(1)

by the repeal of subsections (2) and (3) of that section and the substitution therefor of the following subsections :—

“(2) On the change of possession of a motor vehicle upon a voluntary transfer made by the registered owner —

(a)

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

(i)

transmit direct to the Commissioner

General either by registered post or personal delivery, the duly perfected prescribed Form A ; and

(ii)

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

Form A1 as proof of change of possession ;

(b)

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

“Transfer to be on specified forms.

possession unless the new owner has applied for registration as the new owner thereof :

Provided that this subsection shall not apply in any case where the change of possession of a motor vehicle is consequent on a contract of hiring where the period of hiring does not exceed three months.

(3)

(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.

(b)

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.

(c)

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.

(d)

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.

(e)

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—

(i)

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

(ii)

on production of the Certificate of

Registration thereof.”;

(2)

in subsection (4) of that section—

(a)

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

(b)

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

(c)

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

“(e)

the provisions of subsection (2)(b) shall apply to that motor vehicle in like manner as they would apply, if there was a change of possession of that vehicle consequent upon a voluntary transfer made by the registered owner .”.

Read on from s 12