CHAPTER III

REGISTRATION AND LICENSING OF MOTOR VEHICLES, AND REGISTRATION OF MANUFACTURERS, BUILDERS AND IMPORTERS AND MANUFACTURERS OF NUMBER PLATES

Part I

Registration and licensing of motor vehicles

Motor vehicle to be registered

3. Subject to the provisions of regulations 4 and 5, every motor vehicle in the Republic shall, whether or not it is operated on a public road, be registered by the title holder thereof, in accordance with the provisions of this Part, with the appropriate registering authority.

Motor vehicle deemed to be registered

4. (1) Subject to the provisions of subregulation (3), a motor vehicle which is registered and licensed in terms of any law of a prescribed territory and which was not permanently or ordinarily kept in the Republic when it was registered and licensed in terms of such law, shall be deemed to be registered in terms of this Part while being operated in the Republic by or on behalf of the person in whose name such vehicle is registered and licensed.

(2) Subject to the provisions of subregulation (3), a motor vehicle which is registered in accordance with a law of a Contracting State to the Convention and in accordance with the terms of the Convention, shall be deemed to be registered in terms of this Part while in the Republic--

  1. during a continuous period of 12 months calculated from the date on which such motor vehicle is brought into the Republic; or
  2. until the registration ceases to be of force and effect in terms of the Convention,

whichever event is the earlier, and such vehicle may, notwithstanding anything to the contrary contained in this Part, be operated on a public road while it complies with the provisions of the Convention.

(3) A motor vehicle referred to in subregulation (1) or (2) shall no longer be deemed to be registered if such vehicle does not comply with the provisions of the said subregulations while in the Republic.

Motor vehicle exempt from registration

5. (1) A motor vehicle--

  1. propelled by electrical power derived from overhead wires;
  2. which has crawler tracks;
  3. which is not--
  1. self-propelled;
  2. a caravan;
  3. designed principally for the conveyance of persons or goods, or both; and
  4. operated on a public road;
  1. which by reason of its dimensions or the mass thereof or the mass of a part thereof may not be operated on a public road in terms of the Act, and which is not so operated;
  2. referred to in paragraph (c) and which is drawn by a tractor whether or not it is operated on a public road;
  3. of which the Department of Defence is the title holder and owner;
  4. which is designed exclusively for racing, and includes a micro midget car or cart and a go-cart, if such motor vehicle is not operated on a public road; or
  5. which is a self-propelled lawnmower,

shall not be required to be registered in accordance with the provisions of this Part: Provided that if the ownership of a motor vehicle is to be transferred from the Department of Defence to another person, such Department shall register such motor vehicle prior to such transfer.

(2) For the purposes of subregulation (1)(c), the words "operated on a public road" shall not be so construed to include the presence of such motor vehicle on a public road for the purpose of--

  1. being driven to the premises of the owner in order to take delivery thereof;
  2. crossing a public road from the one premises of the owner to another over a distance of not more than one kilometre; or
  3. proceeding to or from a place where repairs are to be or have been effected to such motor vehicle.

(3) If a motor vehicle exempt in terms of subregulation (1)(c) is operated on a public road contrary to the provisions of subregulation (2), the title holder of such motor vehicle shall be liable for the registration thereof on the date referred to in regulation 7(1)(a)(vii).

Date on which registration of motor vehicle becomes null and void

6. (1) The registration of a motor vehicle becomes null and void on the date--

  1. of change of title holder or owner of such motor vehicle, which includes for the purposes of this paragraph every branch of a business or body of persons referred to in paragraph (a)(ii), (iii) and (iv) of the definition of "appropriate registering authority" in regulation 1, but if the title holder or owner of a motor vehicle is a partnership and a change of title holder or owner of such motor vehicle occurs by reason of one of the partners dying or ceasing to be a partner of such partnership or a new partner being admitted thereto, the registering authority concerned may, upon written application by or on behalf of such partnership, determine that no change of title holder or owner shall be deemed to have occurred in respect of such motor vehicle under the Act;

  2. on which a deregistration certificate in respect of the motor vehicle concerned is issued in terms of regulation 17(3)(c), 54(4)(c) or 55(3)(d);

  3. if the motor vehicle is subject to an instalment sale transaction, or leasing transaction as defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980), 31 days from the date of repossession of the motor vehicle concerned by the title holder (credit grantor): Provided that the registration of a motor vehicle of which the owner fulfills his or her obligation in terms of section 12 of the Credit Agreements Act, 1980 (Act No.75 of 1980), does not become null and void;

  4. on which the motor vehicle is acquired or the estate is wound up, whichever date is the earlier, if the motor vehicle is acquired from the estate of a deceased person;

  5. determined by the MEC concerned in any circumstances not contemplated in this regulation.

(2) The words "change of title holder or owner" excludes for the purposes of this regulation a change--

  1. of name in terms of sections 24 to 26 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), in terms of section 56(1) of the Banks Act, 1990 (Act No. 94 of 1990), in terms of sections 19 to 20 of the Close Corporations Act, 1984 (Act No. 69 of 1984) or in terms of section 44 of the Companies Act, 1973 (Act No. 61 of 1973);
  2. of address; or
  3. of proxy or representative.

Date and conditions on which motor vehicle to be registered

7. (1) Subject to the provisions of subregulation (2), liability for the registration of a motor vehicle shall arise--

  1. in the case of a motor vehicle to be registered for the first time in the Republic--
  1. if the motor vehicle was manufactured, on the date of completion of manufacture of such motor vehicle;
  2. if the motor vehicle was built by a builder who is required to register as such under these regulations, on the date of completion of the building of such motor vehicle;
  3. if the motor vehicle was built up from parts by a builder who is not required to register as such under these regulations, on the date of completion of the building of such motor vehicle;
  4. if the motor vehicle was imported by an importer, on the date of arrival of such vehicle in the Republic or on the date on which such motor vehicle is cleared in terms of the provisions of the customs and excise legislation, if applicable;
  5. subject to the provisions of regulation 4, if the motor vehicle was acquired outside the Republic, on the date on which such motor vehicle is brought into the Republic or on the date on which such motor vehicle is cleared in terms of the customs and excise legislation, if applicable;
  6. if it is a motor vehicle which is deemed to be registered in terms of regulation 4, on the date it ceases to be so deemed;
  7. if it is a motor vehicle which is exempt from registration in terms of regulation 5 and such exemption is withdrawn or is no longer applicable, on the date of such withdrawal or when such exemption no longer applies;
  8. if it is a motor vehicle that has been forfeited to the State or other authority, the date on which the motor vehicle is so forfeited;
  1. in the case of a motor vehicle which was previously registered in the Republic--
  1. on the date on which the registration of such vehicle becomes null and void, in terms of regulation 6(1)(a), (c) or (d) or, if applicable, regulation 6(1)(e)
  2. which was stolen and deregistered in terms of regulation 54(4) and is recovered, on the date of release of such motor vehicle by the South African Police Service; or
  1. in the circumstances not contemplated in the foregoing provisions of this subregulation, on the date determined by the MEC concerned.

(2) Notwithstanding anything to the contrary contained in this Part, a motor vehicle referred to in subregulation (1)(b) may be operated on a public road for a period of 21 days after the date of liability referred to in this regulation in order to register such vehicle while the licence number allocated thereto and the licence disc issued in respect thereof are displayed in the manner contemplated in regulations 35 and 36 respectively.

(3) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, in the absence of evidence to the contrary, be deemed to be the date referred to in the said subregulation.

Manner of application for registration of motor vehicle

8. (1) An application for the registration of a motor vehicle, other than a motor vehicle referred to in regulation 15, shall, subject to subregulations (3) and (4), be made by the title holder within 21 days after the date of liability referred to in regulation 7, to the appropriate registering authority on form MVR1A or RLV, or where the title holder is a manufacturer, builder or importer, on form MVR1-MIB as shown in Schedule 2.

(2) An application referred to in subregulation (1) shall be accompanied by--

  1. the acceptable identification of the title holder of the motor vehicle and, in the case of a body of persons, that of its proxy and representative and a letter of proxy;
  2. the acceptable identification of the owner of the motor vehicle and, in the case of a body of persons, that of its proxy and representative and a letter of proxy;
  3. the appropriate registration fees as determined by the MEC of the province concerned, and, if applicable, any penalties and arrear fees as referred to in regulations 57 and 59;
  4. if the motor vehicle is registered, the registration certificate concerned: Provided that the provisions of this paragraph shall not apply to an applicant--
  1. if the motor vehicle concerned has been repossessed and the person who obtained the registration certificate under road traffic laws previously applicable, refuses to hand over the registration certificate to the applicant, and the provisions of regulation 11 have been complied with;

  2. if the registration certificate is lost and the applicant can prove that a notification of change of title holder or change of owner, indicating that the applicant is the new title holder or owner, was given in terms of regulation 53(3) or (4), and such applicant submits a South African Police Service clearance of the motor vehicle as well as an affidavit explaining the circumstances under which the registration certificate was lost;

  3. if the title holder cannot be traced and no notice of change of title holder was given as contemplated in regulation 53(3), and the applicant concerned submits a South African Police Service clearance of the motor vehicle as well as an affidavit explaining the circumstances under which the registration certificate cannot be submitted;

  1. in the case of a motor vehicle which is being registered for the first time a certificate issued by the manufacturer, builder or importer of such motor vehicle on the official documentation of such manufacturer, builder or importer containing--
  1. the chassis number as contemplated in regulation 56(2) expressed in not more than 17 alpha-numerical characters;
  2. if applicable, the engine number expressed in not more than 20 alpha-numerical characters;
  3. the make expressed in not more than 30 alpha-numerical characters;
  4. the model name expressed in not more than 20 alpha-numerical characters and the model-derivative expressed in not more than 20 alpha-numerical characters, neither of which, for the purpose of this subregulation shall include the year of manufacture;
  5. other than in the case of a motor cycle, motor tricycle or motor quadrucycle, the tare in kilograms expressed in not more than five figures;
  6. if applicable, the engine capacity in cubic centimetres expressed in not more than five figures;
  7. in the case of a mini-bus, bus or goods vehicle, the gross vehicle mass in kilograms expressed in not more than six figures;
  8. if applicable, the nett engine power to the nearest kilowatt expressed in not more than three figures;
  9. the main colour; and
  10. the model number referred to in regulation 41(a)(ii) or a letter of authority as contemplated in regulation 43,

of the motor vehicle concerned;

  1. if the tare has changed due to any reason, a mass measuring certificate obtained in the manner prescribed in regulation 66;
  2. in the case of a vehicle to which standard specification SABS 1398 "Road tank vehicles for petroleum based flammable liquids" or standard specification SABS 1518 "Transportation of dangerous goods - design requirements for road tankers" applies, a certificate of compliance with the provisions of such codes of practice, issued by the manufacturer, the manufacturer's agent duly appointed as such, or an approved authority;
  3. a South African Police Service clearance of the motor vehicle as contemplated in paragraph (d) and regulations 9(c), 12(c), 12A and 43(3);
  4. certification of roadworthiness in the case of a motor vehicle referred to in regulation 43(3);
  5. if required by the registering authority--
  1. proof of the right to be registered as title holder of the motor vehicle concerned;
  2. proof of compliance with the provisions of the customs and excise legislation;
  3. where doubt exists regarding the tare of the motor vehicle concerned, a mass measuring certificate obtained in the manner prescribed in regulation 66;
  4. any other documentation required by the MEC concerned.

(3) If liability for the registration of a motor vehicle arises due to the sale of such motor vehicle by a motor dealer to a bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990), so that such bank may sell or lease such motor vehicle to a client of it and if the appropriate registering authority of the title holder of such motor vehicle, is the same authority as that of such motor dealer, the motor dealer concerned shall submit the application referred to in subregulation (1) to the appropriate registering authority and shall complete and sign such application on behalf of the bank if so authorised by way of a letter of authorisation.

(4) Notwithstanding these regulations, if the title holder of the motor vehicle concerned does not permanently reside or carry on business in the Republic, the owner of such motor vehicle shall submit the application for registration of such motor vehicle to the appropriate registering authority.

(5) A manufacturer, builder or importer, as the case may be, shall, when disposing of a motor vehicle manufactured, built, modified or imported by him or her, furnish the new title holder of such motor vehicle with the certificate referred to in subregulation (2)(e) or the registration certificate referred to in regulation 16.

Additional requirements for registration of motor vehicle built up from parts

9. An application for the registration of a motor vehicle built up from parts by a builder who is not required to register as such under these regulations shall, in addition to the requirements and documents referred to in regulation 8, be accompanied by--

  1. an affidavit on form SOA as shown in Schedule 2, stating the parts used, the person from whom such parts were acquired and, attached to such form, the receipts of the purchase or donation of such parts;
  2. if such motor vehicle has been built up from a motor vehicle which has become permanently unfit for use as a motor vehicle and has been deregistered in terms of regulation 55(3), the deregistration certificate in respect of such motor vehicle, or an affidavit containing evidence of the fact that the motor vehicle was previously permanently unfit for use; and
  3. a South African Police Service clearance of the motor vehicle.

Additional requirements for registration of deregistered motor vehicle

9A. An application for the registration of a motor vehicle referred to in regulation 6(b) shall, in addition to the requirements and documents referred to in regulation 8, be accompanied by the deregistration certificate issued in respect of such vehicle.

Additional requirements for registration of motor vehicle acquired from the estate of deceased person

10. An application for the registration of a motor vehicle which has been acquired from the estate of a deceased person referred to in regulation 6(1)(d) shall, in addition to the requirements and documents referred to in regulation 8, be accompanied by a document substantiating the circumstances under which such motor vehicle was acquired.

Additional requirements for registration of repossessed motor vehicle

11. An application for the registration of a motor vehicle which has been repossessed by the title holder referred to in regulation 6(1)(c) shall, in addition to the requirements and documents referred to in regulation 8, be accompanied by a certified copy of--

  1. the court order; or
  2. the voluntary surrender documentation: Provided that an affidavit made by the title holder of that motor vehicle stating the circumstances under which the vehicle was repossessed may be submitted in the case where the voluntary surrender documentation cannot be obtained,

as proof of the right of the title holder to repossess such motor vehicle.

Additional requirements for registration of motor vehicle acquired outside borders of Republic

12. An application for the registration of a motor vehicle acquired outside the borders of the Republic referred to in regulation 7(1)(a)(iv) or (v), shall, in addition to the requirements and documents referred to in regulation 8, be accompanied by--

  1. written proof of compliance with the provisions of customs and excise legislation;
  2. if such motor vehicle is registered outside the Republic, the documents relating to the registration and licensing of the motor vehicle concerned issued in the country where such motor vehicle is registered; and
  3. a South African Police Service clearance of the motor vehicle.

Additional requirements for registration of motor vehicle previously reported as stolen

12A. An application for the registration of a motor vehicle previously reported as stolen shall, in addition to the requirements and documents referred to in regulation 8, be accompanied by--

  1. the deregistration certificate issued in terms of regulation 54(4) in respect of such motor vehicle, or an affidavit containing evidence of the fact that the motor vehicle was previously reported as stolen; and
  2. a South African Police Service clearance of the motor vehicle.

Manner of registration of motor vehicle

13. (1) On receipt of the application for registration the registering authority may, and if the applicant so requires shall, issue an assessment showing the penalties and fees referred to in regulation 8(2)(c), for the registration of the motor vehicle concerned.

(2) The registering authority shall, subject to the provisions of regulation 59(2), upon payment of the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order--

  1. register the motor vehicle concerned;
  2. record in the register of motor vehicles the particulars in relation to the--
  1. motor vehicle concerned; and
  2. title holder and owner of such motor vehicle; and
  1. issue a registration certificate on form RC1 as shown in Schedule 2 to the title holder, who shall be responsible for its safe-keeping.

(3) The title holder shall upon registration of the motor vehicle concerned, forthwith notify the owner of such registration.

(4) A motor vehicle shall be recorded as "built-up" in the register of motor vehicles if--

  1. it is being registered for the first time and it has been manufactured, built, modified or imported by a manufacturer, builder or importer--
  1. which has not been registered as such;
  2. which is not required to be registered as such; or
  3. has been registered as such in terms of regulation 40(2) subject to the condition or conditions referred to in regulation 41(b)(ii) or (iii),

and in respect of which no certification of roadworthiness referred to in regulation 141(2) was issued;

  1. the vehicle was deregistered in terms of regulation 55; or
  2. the motor vehicle was previously registered as "built-up".

(5) A motor vehicle shall be recorded as "used" in the register of motor vehicles if such vehicle was deregistered in terms of regulation 54(4) and was recorded as "new" or "used" prior to such deregistration, or if such vehicle was exempt from registration in terms of regulation 5 and such exemption was withdrawn or no longer applies.

(6) A motor vehicle shall be recorded as "allowed to convey dangerous goods" in the register of motor vehicles if standard specification SABS 1398 "Road tank vehicles for petroleum based flammable liquids" or standard specification SABS 1518 "Transportation of dangerous goods - design requirements for road tankers" applies to such vehicle.

(7) A chassis or a cab and chassis shall be recorded as "under construction" in the register of motor vehicles.

Application by and appointment of manufacturer or importer as agent of registering authority

14. (1) A registered manufacturer or registered importer may for the purposes of section 5(5) of the Act apply to the registering authority in whose area of jurisdiction such manufacturer or importer is engaged in the business of selling motor vehicles, to be appointed an agent of such registering authority with the powers, functions and duties contemplated in regulation 15.

(2) The said registering authority may upon application appoint any registered manufacturer or importer as its agent.

Introduction of motor vehicles by manufacturer or importer appointed as agent

15. (1) A manufacturer or importer who is an agent of a registering authority, shall, within 7 days from the date of liability referred to in regulation 7(1) introduce the motor vehicle manufactured or imported by such manufacturer or importer, as the case may be, by recording the particulars in relation to--

  1. the motor vehicle concerned; and
  2. the title holder and owner of such motor vehicle,

in the register of motor vehicles and such introduction shall be deemed to be registration of the vehicle for the purposes of section 5(5) of the Act.

(2) The said manufacturer or importer shall record in the register of motor vehicles any change of title holder or owner in respect of every motor vehicle manufactured or imported by him or her, as the case may be, until such time as a registration certificate referred to in regulation 16, has been issued in respect of such motor vehicle.

(3) The said manufacturer or importer shall not be liable for payment of the registration fees referred to in regulation 8(2)(c) in respect of motor vehicles introduced by such manufacturer or importer in the manner contemplated in subregulation (1).

Application for registration certificate in respect of motor vehicle introduced by manufacturer or importer

16. (1) The title holder or owner of a motor vehicle referred to in regulation 15(1), may prior to the registration of such motor vehicle, apply on form MVR1A or CDV as shown in Schedule 2 to his or her appropriate registering authority for the registration certificate in respect of that motor vehicle.

(2) An application referred to in subregulation (1) shall be accompanied by--

  1. the acceptable identification of the title holder or owner of the motor vehicle, whatever the case may be, and in the case of a body of persons, that of its proxy and representative and a letter of proxy;
  2. the appropriate fees as determined by the MEC of the province concerned;
  3. the certificate from the manufacturer, builder or importer of such motor vehicle referred to in regulation 8(2)(e);
  4. any other document required by the MEC concerned.

(3) On receipt of the said application, the registering authority shall, if satisfied that the application is in order, issue the registration certificate to the title holder or owner, whatever the case may be, on form RC1 as shown in Schedule 2.

Deregistration of registered motor vehicle which becomes exempt from registration

17. (1) If a registered motor vehicle becomes exempt from registration in terms of regulation 5, the title holder of such motor vehicle shall apply for the deregistration of such motor vehicle on form MVR1A or ADV, as shown in Schedule 2, to the appropriate registering authority.

(2) The application referred to in subregulation (1) shall be accompanied by--

  1. the acceptable identification of the title holder and, if the title holder is a body of persons, that of its proxy and representative and a letter of proxy; and
  2. the registration certificate of the motor vehicle concerned.

(3) On receipt of the application referred to in subregulation (1), the registering authority shall--

  1. satisfy itself that the application is in order;
  2. update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles; and
  3. issue a deregistration certificate on form VDC as shown in Schedule 2, to the title holder of the motor vehicle concerned.

Motor vehicle to be licensed

18. Subject to the provisions of regulations 19 and 20, every motor vehicle in the Republic shall, whether or not it is operated on a public road, be licensed by the owner of such motor vehicle, in accordance with the provisions of this Part, with the appropriate registering authority.

Motor vehicle deemed to be licensed

19. (1) A motor vehicle which is deemed to be registered in terms of regulation 4 shall be deemed to be licensed in terms of this Part.

(2) A motor vehicle owned by a motor dealer for the purposes of sale or exchange in the course of his or her business as a motor dealer and if such motor vehicle is not operated on a public road, except under a motor trade number, shall be deemed to be licensed in terms of this Part.

(3) A motor vehicle which is in a manufacturer's or importer's possession for the purpose of selling or exchanging it in the course of his or her business of selling motor vehicles, which motor vehicle--

  1. is introduced in the manner contemplated in regulation 15(1) by such manufacturer or importer; and
  2. is not operated on a public road, except under a motor trade number,

shall be deemed to be licensed in tezrms of this Part.

(4) A motor vehicle referred to in subregulation (1), shall no longer be deemed to be licensed, with effect from the date referred to in regulation 4(3), and the owner of such motor vehicle shall be liable to licence such motor vehicle in terms of this Part.

Motor vehicle exempt from licensing

20. A motor vehicle which is exempt from registration in terms of regulation 5, shall not be required to be licensed in terms of this Part.

Special classification of motor vehicle in relation to motor vehicle licence fees

21. (1) A motor vehicle, other than a breakdown vehicle--

  1. (i)  which is a trailer, other than a semi-trailer; or
  2. which is a self-propelled tractor, water boring machine, threshing machine, harvester, harrow, mower, baler, scraper, leveller, spraying machine, crane, plough or similar vehicle,

the owner of which is a bona fide farmer, and which is used solely in connection with such farmer's own farming activities;

  1. to which is permanently fitted, machinery designed for the purpose of--
  1. road-making;
  2. road-sweeping;
  3. earthmoving;
  4. excavation;
  5. pipe-laying;
  6. construction;
  7. water-boring;
  8. loading;
  9. lifting;
  10. internal handling;
  11. drilling; or
  12. any like purpose determined by the MEC,

which is not designed principally for the conveyance of goods or persons or both;

  1. which is a trailer for pre-mix purposes;
  2. which is a mobile hammer;
  3. which is commonly known as a stock-car, racing car or a racing motor cycle--
  1. used solely for racing purposes;
  2. certified as a vehicle used solely for racing purposes by the secretary of the racing club of which the owner of the motor vehicle is a member; and
  3. is not operated on a public road;
  1. which is in the opinion of the MEC over 40 years of age, and which is used solely--
  1. in any race or sport referred to in regulation 317;
  2. in an event organized by a properly constituted motor club; or
  3. for exhibition purposes; or
  1. which is designed or adapted solely or principally for fighting fires and which is registered as a fire-fighting vehicle,
  2. which may only be operated on a public road under an exemption in terms of the Act,

may upon application for the licensing of the motor vehicle concerned make a declaration on form ELF1 as shown in Schedule 2, to the effect that the motor vehicle concerned is a vehicle as contemplated in this subregulation, upon which such vehicle is specially classified in relation to the payment of motor vehicle licence fees.

(2) For the purposes of this regulation, the words "operated on a public road" shall not be construed to include the presence of such motor vehicle on a public road for the purpose of--

  1. being driven to the premises of the owner in order to take delivery thereof;
  2. crossing a public road from the premises of the owner to another over a distance of not more than one kilometre; or
  3. proceeding to or from a place where repairs are to be or have been effected to such motor vehicle.

(3) If a motor vehicle has been specially classified under this regulation is operated contrary to the conditions of its classification, such motor vehicle shall no longer be so specially classified and the owner of such motor vehicle shall be liable for the licensing thereof with effect from the date upon which it is so operated.

(4) (a) The owner of a motor vehicle, other than a motor vehicle conveying persons or goods for reward, who--

  1. receives a pension in terms of the Military Pensions Act, 1976 (Act No. 84 of 1976);
  2. suffers from a pensionable disability which has been determined at not less than 50 per cent in terms of that Act; and
  3. by reason of such disability requires the use of such motor vehicle to enable him or her to earn his or her livelihood,

may apply to the MEC on form ELF1 as shown in Schedule 2, to specially classify such motor vehicle, in relation to the payment of motor vehicle licence fees, and such application shall be accompanied by--

  1. the acceptable identification of the owner; and
  2. any additional information or documents as may be required by the MEC concerned.
  1. On receipt of the application referred to in paragraph (a), the MEC concerned shall--
  1. consider such application;
  2. notify the applicant concerned and the appropriate registering authority accordingly; and
  3. if the application is granted,
  1. issue a certificate of classification on form ELF 3 as shown in Schedule 2; and
  2. record such classification on the register of motor vehicles.
  1. On receipt of the certificate of classification referred to in paragraph (b)(iii)(aa), the owner shall submit such certificate to the appropriate registering authority when applying for the licensing of the motor vehicle in terms of regulation 24 or 30.
  2. The MEC may at any time, repeal a classification referred to in paragraph (b).

Date on which motor vehicle licence and licence disc of a motor vehicle becomes null and void

22. (1) The motor vehicle licence and licence disc of a motor vehicle shall become null and void on the date--

  1. referred to in regulation 25(5) or 31(1);
  2. on which a new licence number is allocated as referred to in regulation 29;
  3. on which a personalised licence number is allocated under regulation 28(5);
  4. of issue of an acknowledgement of receipt in terms of regulation 54(4)(d) or 55(3)(c) in respect of the motor vehicle concerned;
  5. of deregistration in terms of this Chapter;
  6. of change of owner of such motor vehicle, which includes for the purposes of this paragraph every branch of a business or body of persons referred to in paragraph (a)(ii), (iii) and (iv) of the definition of "appropriate registering authority" in regulation 1, but if the owner of a motor vehicle is a partnership and a change of owner of such motor vehicle occurs by reason of one of the partners dying or ceasing to be a partner of such partnership or a new partner being admitted thereto, the registering authority concerned may, upon written application by or on behalf of such partnership, determine that no change of owner shall be deemed to have occurred in respect of such motor vehicle;
  7. on which the motor vehicle is acquired or the estate is wound up, whichever date is the earlier, if the motor vehicle concerned is acquired from the estate of a deceased person;
  8. if the motor vehicle is subject to an instalment sale transaction or leasing transaction as defined in the Credit Agreements Act, 1980 (Act No.75 of 1980), 31 days from the date of repossession of the motor vehicle concerned by the title holder (credit grantor): Provided that the motor vehicle licence and licence disc of a motor vehicle of which the owner fulfills his or her obligation in terms of section 12 of the Credit Agreements Act, 1980, does not become null and void;
  9. determined by the MEC concerned in any circumstances not contemplated in this regulation;
  10. the operator card in respect of such motor vehicle expires or is no longer applicable to such motor vehicle.

(2) The words "change of owner" excludes for the purposes of this regulation a change--

  1. of name in terms of sections 24 to 26 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), in terms of section 56(1) of the Banks Act, 1990 (Act No. 94 of 1990), in terms of sections 19 to 20 of the Close Corporations Act, 1984 (Act No. 69 of 1984) or in terms of section 44 of the Companies Act, 1973 (Act No. 61 of 1973);
  2. of address; or
  3. of proxy or representative.

Date on which motor vehicle to be licensed

23. (1) Subject to the provisions of subregulation (3), liability for the licensing of a motor vehicle shall arise on the date--

  1. on which liability for the registration of such motor vehicle arises in terms of regulation 7;
  2. on which a new licence number is allocated as referred to in regulation 29;
  3. on which a personalised licence number is allocated under regulation 28(5);
  4. referred to in regulation 31(1);
  5. of expiry of the licence of such motor vehicle in terms of regulation 26;
  6. of release by the South African Police Service, if it is a motor vehicle which has been stolen and has not been deregistered in terms of regulation 54(4), and has been recovered;
  7. a new operator card is required for such motor vehicle in terms of regulations 267 or 270;
  8. determined by the MEC concerned in any circumstances not contemplated in the foregoing provisions.

(2) The date of liability referred to in subregulation (1)(e) shall be construed to arise on the first day of the month following the date of expiry of the existing licence.

(3) Notwithstanding anything to the contrary contained in this Part, a motor vehicle referred to in subregulation (1), may, during a period of 21 days after the date referred to in that subregulation, be operated on a public road while the licence number allocated to such motor vehicle and the licence disc issued in respect of such motor vehicle prior to the date on which the motor vehicle licence and licence disc became null and void, are displayed in the manner contemplated in regulations 35 and 36.

(4) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred to in subregulation (1), the date alleged to be the date referred to in subregulation (1), shall, in the absence of evidence to the contrary, be deemed to be the date referred to in the said subregulation.

Manner of application for licensing of motor vehicle

24. (1) An application for the licensing of a motor vehicle, shall be made by the owner of such motor vehicle, within 21 days after the date of liability referred to in regulation 23, on form MVR1A, RLV or ALV as shown in Schedule 2, to the appropriate registering authority but the owner may licence his or her motor vehicle on any date prior to the date of liability referred to in regulation 23 for a further period of 12 months and the provisions of subregulation (3) are applicable to such transaction.

(2) An application referred to in subregulation (1) shall be accompanied by--

  1. acceptable identification of the owner of the motor vehicle and, if the owner is a body of persons, acceptable identification of its proxy and representative and a letter of proxy;
  2. the appropriate motor vehicle licence fees as determined by the MEC of the province concerned;
  3. if applicable, the penalties and arrear licence fees referred to in regulations 57 and 59;
  4. if required in terms of regulation 138(1), a certification of roadworthiness issued under regulation 141(2);
  5. if applicable, a certificate of classification or a declaration in respect of the motor vehicle in relation to motor vehicle licence fees, as contemplated in regulation 21(1) and (4)(b);
  6. if the motor vehicle concerned is owned by the South African Police Service, a licence number referred to in regulation 27(5)(b) allocated by the South African Police Service;
  7. if applicable, the motor vehicle licence; and
  8. if required, a South African Police Service clearance of the motor vehicle as contemplated in regulations 31(2) and 54(6).

(3) If an application is made in terms of subregulation (1) and the owner of the motor vehicle submits a motor vehicle licence of which the period of validity has not yet expired, the fees payable for the licence so applied for, shall be reduced by one twelfth per month or part thereof for every month such licence is still valid: Provided that the motor vehicle licence fees payable for the licence in respect of a motor vehicle referred to in regulations 17, 54(1)(c) and 55(1)(b), shall not be so reduced.

Manner of licensing of motor vehicle

25. (1) On receipt of the application for licensing of a motor vehicle, the registering authority may, and if the applicant so requires, shall issue an assessment showing the appropriate motor vehicle licence fees as determined by the MEC of the province concerned and the arrear fees and penalties referred to in regulations 57 and 59, for the licensing of the motor vehicle concerned.

(2) The registering authority shall, subject to the provisions of regulation 59(2), upon payment of the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order--

  1. licence the motor vehicle concerned;
  2. allocate a licence number to the motor vehicle concerned, if applicable;
  3. update the particulars pertaining to such motor vehicle in the register of motor vehicles;
  4. issue a motor vehicle licence on form MVL1 or MVL1-M as shown in Schedule 2 to the owner of such motor vehicle;
  5. subject to the provisions of subregulation (5), issue a licence disc on form MVL1, MVL1-M or LCO as shown in Schedule 2, which serves as proof that the motor vehicle is licensed; and
  6. issue a confirmation on form CNP as shown in Schedule 2, if applicable.

(3) (a) If a licence number referred to in subregulation (2)(b) has been erroneously allocated to a motor vehicle, the registering authority concerned shall request the owner of such motor vehicle in writing to deliver to it within a period of 21 days after the date of such request, all documents pertaining to the licensing of such vehicle.

  1. On the expiry of the period referred to in paragraph (a), the licensing, as well as all documents mentioned in that paragraph shall become null and void.
  2. On receipt of the documents referred to in paragraph (a), the registering authority shall issue a licence as from the date on which the original application was made for the vehicle concerned, on which the newly allocated licence number shall appear.

(4) The licence disc referred to in subregulation (2)(e) shall be completed in black non-fading ink.

(5) If a certification of roadworthiness is required in terms of regulation 138 and the application referred to in regulation 24 is not accompanied by a certification of roadworthiness issued under regulation 141(2), the registering authority shall not issue a licence disc, until the owner of such motor vehicle submits such certification of roadworthiness: Provided that if such certification of roadworthiness is submitted after the month in which such motor vehicle is licensed, the licence of such motor vehicle shall become null and void on the day such certification of roadworthiness is submitted and on such date the owner shall become liable for the licensing of such vehicle.

(6) When the owner of the motor vehicle referred to in subregulation (5) obtains a certification of roadworthiness, he or she shall--

  1. submit such certification to the appropriate registering authority; and
  2. apply on form MVR1A or RLV as shown in Schedule 2, for a licence disc in respect of the motor vehicle concerned.

Period of validity of motor vehicle licence and licence disc

26. (1) Subject to subregulation (2), a motor vehicle licence and licence disc shall be valid for a period of 12 months from the first day of the month in which such licence and licence disc were issued and the date of expiry of such licence shall be shown on the motor vehicle licence and licence disc.

(2) In the case where the owner applies for a licence as contemplated in regulation 30(2) before the expiry date of such licence and licence disc, the period of validity of the new licence and licence disc so applied for shall be calculated from the first day of the month which follows on the expiry date of the current licence and licence disc.

Licence mark and licence number system

27. (1) The MEC of each province shall, subject to subregulation (2), by notice in the Provincial Gazette, determine a licence mark for the province concerned.

(2) (a) The MEC of a province shall by notice in the Provincial Gazette--

  1. allocate a licence mark to every registering authority in the province concerned, which licence mark shall consist of a combination of letters; or
  2. establish a licence number system for the province concerned which licence number system shall consist of three letters, three figures, and the licence mark of the province concerned, referred to in subregulation (1): Provided that vowels and the letter 'Q' shall not be used and the first letter shall not be the letter "G".
  1. The MEC concerned may, subject to regulation 35, by notice in the Provincial Gazette determine a logo or landscape, a letter type, a colour for the letters and figures, and the colour of the retro-reflective surface to be displayed on a number plate, denoting the province concerned.

(3) Every motor vehicle licensed in a province shall be allocated with a licence number and such licence number shall consist of the licence mark referred to in subregulation (2)(a)(i) and figures, or the letters and figures allocated from the licence number system referred to in subregulation (2)(a)(ii).

(4) The MEC may, by way of notice in the Provincial Gazette, allocate a new licence mark to any registering authority or establish a new licence number system for the province concerned.

(5) The licence number of a motor vehicle--

  1. the owner of which is a department of State, may consist of--
  1. the licence number allocated to the vehicle upon licensing thereof;
  2. the letter G followed by two letters, three figures, and the letter G; or
  3. any other licence number determined by the chief executive officer by notice in the Gazette;
  1. the owner of which is the South African Police Service, may consist of three letters, three figures, followed by the letter B;
  2. set aside for use by the King of the Zulu Nation, shall consist of the letters ZK followed by figures.
  3. the owner of which is--
  1. a foreign government, diplomat representing a foreign government, an international or inter-governmental organisation;
  2. a member of staff or suite of such government or organisation; or
  3. any other person or class of person determined by the Minister of Foreign Affairs,

shall consist of such letters and figures as are determined by the Director-General: Department of Foreign Affairs but shall end in the letter "D".

Personalised licence number system

28. (1) The MEC may by notice in the Provincial Gazette establish a personalised licence number system for the province concerned.

(2) The provisions of the Act which are applicable to licence numbers shall mutatis mutandis be applicable to personalised licence numbers.

(3) Personalised licence numbers shall, notwithstanding anything to the contrary contained in these regulations be issued to a person upon application and subject to such conditions and upon payment of such fees or charges as are determined by the MEC concerned.

(4) The MEC concerned may, subject to regulation 35, by notice in the Provincial Gazette determine a logo or landscape, a letter type, a colour for the letters and figures, and the colour of the retro-reflective surface to be displayed on a number plate denoting the personalised licence numbers of the province concerned.

(5) The person referred to in subregulation (3) may apply to the appropriate registering authority for the allocation of the personalised licence number issued under subregulation (3), to a motor vehicle of which he or she is the owner.

MEC may change allocated licence number

29. (1) The MEC concerned may, upon the conditions he or she determines change the licence number allocated to a motor vehicle.

(2) The MEC concerned may, subject to such conditions as he or she may determine, on application and upon payment of such fees or charges as he or she may determine, change the licence number allocated to a motor vehicle.

Motor vehicle licence assessment

30. (1) (a) If the MEC concerned deems it expedient, he or she may forward a motor vehicle licence assessment to the residential or postal address of the owner of the motor vehicle, on form MVL2 as shown in Schedule 2, for the licensing of such motor vehicle.

  1. In the event that the MEC deems it expedient to forward a motor vehicle licence assessment and such assessment is not received by the owner of the vehicle, that owner shall in any event be liable for the timeous licensing of the motor vehicle concerned.

(2) The owner may submit the assessment referred to in subregulation (1) to the appropriate registering authority, and such submission shall serve as an application for the licensing of the motor vehicle concerned.

(3) The application referred to in subregulation (2) shall be accompanied by--

  1. the appropriate motor vehicle licence fees as determined by the MEC of the Province concerned;
  2. if applicable, the penalties and arrear licence fees referred to in regulations 57 and 59; and
  3. if required in terms of regulation 138(1), certification of roadworthiness.

(4) If the owner did not receive the motor vehicle licence assessment referred to in subregulation (1), such owner shall apply for the licensing of the motor vehicle in the manner referred to in regulation 24.

(5) On receipt of an application referred to in subregulation (2), the registering authority shall licence the motor vehicle in the manner contemplated in regulation 25(2).

(6) If a motor vehicle is required to be licensed in terms of this Part, and an application for such licence is not received, the registering authority may, within three months from the date of liability for licensing of the motor vehicle, referred to in regulation 23, forward a notice of the failure to apply for the licensing of such motor vehicle, on form NRL, NR or NL as shown in Schedule 2, to the owner of such motor vehicle and a copy thereof to the title holder of such motor vehicle, and such notice may again be forwarded within six months after the first notice.

Additional requirements for application for licensing in the case of alteration or reconstruction of registered motor vehicle

31. (1) When a motor vehicle is altered or reconstructed in such a manner and to such an extent that the motor vehicle licence or licence disc issued in respect of such motor vehicle no longer correctly describes such vehicle, such licence and licence disc shall become null and void on the date of the completion of such alteration or reconstruction and liability for the licensing of such motor vehicle shall arise on that date.

(2) An application for the licensing of a motor vehicle referred to in subregulation (1), shall be made in terms of regulation 24, and in addition to the requirements and documents referred to in that regulation, be accompanied by--

  1. certification of roadworthiness;
  2. a mass measuring certificate obtained in the manner referred to in regulation 66;
  3. if required by the MEC concerned, a South African Police Service Clearance of the motor vehicle concerned.

(3) The registering authority shall notify the title holder of a motor vehicle of any reconstruction or alteration of such motor vehicle on form ARN as shown in Schedule 2.

Procedure on change of appropriate registering authority due to owner moving

32. If the address of the owner of a motor vehicle changes and the registering authority at whose office such motor vehicle is licensed, is no longer the appropriate registering authority due to such change, such owner shall be liable to apply for the licensing of such motor vehicle in the manner referred to in regulation 24 to the new appropriate registering authority on the date of expiry of the licence of such motor vehicle as contemplated in regulation 26.

Procedure on re-defining of area of registering authority

33. If a registering authority becomes the new registering authority of an area previously under the jurisdiction of another registering authority, every owner of a licensed motor vehicle for whom such new registering authority becomes the appropriate registering authority, shall, if such motor vehicle is not licensed with such new registering authority, be liable to apply to the new registering authority for the licensing of such motor vehicle in the manner referred to in regulation 24, and on the date referred to in regulation 23(1)(e).

Procedure on change of licence mark of registering authority or licence number system of province

34. (1) If the MEC of a province allocates a new licence mark to a registering authority or establishes a licence number system for a province, in terms of regulation 27(4), the owner of a motor vehicle licensed at such registering authority shall be liable to apply in the manner referred to in regulation 24 for the licensing of such motor vehicle to such registering authority on the date referred to in regulation 23(1)(e).

(2) The MEC concerned may by notice in the Provincial Gazette extend the date referred to in subregulation (1).

Display of licence number

35. (1) The licence number of a motor vehicle shall be displayed on a plate, to be referred to as a number plate and which complies with the standard specification SABS 1116: "Retro-reflective Registration Plates for Motor Vehicles", Part 2: "Registration plates (metal)" and Part 4: "Registration plates (plastics)".

(2) The number plate referred to in subregulation (1)--

  1. shall bear a certification mark as shown in the Standard Specifications referred to in subregulation (1);
  2. shall have a yellow or white retro-reflective surface;
  3. shall have black, dark blue, dark red, dark brown or dark green letters and figures, but shall have only black letters and figures in the case of a yellow retro-reflective surface;
  4. may have a logo or landscape if it appears on a white retro-reflective surface; and
  5. shall be clearly legible and visible.

(3) The letters and figures on a number plate shall be arranged--

  1. with all the letters and figures in one line; or
  2. with the letters preceding the figures in one line and immediately thereunder, the figures and, if applicable, the last letter in one line;
  3. with all the letters and figures and the logo or landscape in one line; or
  4. with the letters or the figures and the logo or landscape in one line, and immediately thereunder--
  1. the figures and letters;
  2. the letters and letters; or
  3. the letters and figures,

and, if applicable, immediately thereunder, the letters in one line.

(4) Subject to the Standard Specifications referred to in subregulation (1), the MEC concerned may, on application in writing and upon payment of the applicable fee, if any, approve the display of number plates with letters and figures of 60 millimetres on the rear of motor vehicles which has illuminated space at the rear which is too small to permit the attachment of number plates with letter or figures of 75 millimetres.

(5) The owner of a motor vehicle shall cause the number plate of such motor vehicle to be affixed thereto, from the date of licensing of such motor vehicle, in the manner referred to in subregulation (7), whether or not such motor vehicle is operated on a public road: Provided that the provisions of this subregulation shall not apply in respect of a number plate which is removed from such motor vehicle for the purpose of effecting repairs to such motor vehicle or number plate, and while such motor vehicle is not operated on a public road.

(6) No person shall operate on a public road a motor vehicle--

  1. on which a licence number or anything purporting to be a licence number, which is not applicable to such vehicle, is displayed;
  2. of which the licence number is in any way obscured or has become illegible, except if such licence number is temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor vehicle;
  3. while, subject to subregulation (2)--
  1. any design appears on the number plate or if such plate is fitted to a number plate holder, on such holder; and
  2. there appears within 150 millimetres of the licence number applicable to such motor vehicle, a design, ornamentation, figure or letter which is not a component part of the standard equipment or construction of that motor vehicle:

Provided that the provisions of this paragraph shall not apply to a distinguishing sign of the country of registration affixed in terms of the Convention, or to a logo or landscape determined by the MEC concerned;

  1. which, if such motor vehicle is deemed to be registered and licensed by reason of it being registered or licensed in a prescribed territory, does not comply with the legislation of that prescribed territory relating to the registration and licensing of motor vehicles and matters in connection therewith;
  2. which is registered in a prescribed territory, other than the Republic of Namibia, without displaying the distinguishing sign of the country of registration allocated in terms of the Convention;
  3. if such vehicle is registered in the Republic and displays thereon a distinguishing sign other than the distinguishing sign allocated to the Republic in terms of the Convention, or other than a logo or landscape determined by the MEC concerned;
  4. in or on which a number plate is carried on which a licence number appears which is not applicable to such motor vehicle or anything purporting to be a licence number, unless he or she provides evidence that such plate was not carried with criminal intent; or
  5. registered in the Republic, if each number plate, which complies with subregulations (1), (2) and (3), displayed on the motor vehicle does not display the same licence number, letter type, colours, and logo or landscape.

(7) A number plate shall be affixed--

  1. in such a manner that it is not easily detachable;
  2. in an upright position or within 15 degrees of such position;
  3. in such a manner that each letter and figure thereon is clearly legible;
  4. in such a manner that the whole number plate is clearly visible;
  5. to the back of a motor cycle, motor tricycle, motor quadrucycle or trailer; and
  6. one to the back and one to the front of all other motor vehicles.

(8) A number plate shall, in the case of--

  1. a double-deck bus of which the engine is at the rear, be affixed not higher than one comma nine metres from ground level; or
  2. any other motor vehicle, be affixed not higher than one comma five metres from ground level.

(9) The provisions of subregulation (7) in relation to legibility and visibility of a number plate which is affixed to the back of a motor vehicle, shall not apply to a motor vehicle which is towing another vehicle.

Display of licence disc or licence and roadworthy certificate disc

36. (1) The owner of a motor vehicle shall display a licence disc or licence and roadworthy certificate disc, whichever the case may be, issued in respect of such motor vehicle--

  1. if the motor vehicle is fitted with a transparent windscreen, by affixing it on the lower left hand corner in such a manner that the print on the face of the licence disc or licence and roadworthy certificate disc, whichever the case may be, is clearly legible from the outside to a person standing in front or to the left front of such vehicle;

  2. if the motor vehicle is not fitted with a transparent windscreen, by affixing it in a conspicuous position on the left front side of such motor vehicle in such a manner that the print on the face of such a licence disc or licence and roadworthy certificate disc, whichever the case may be, is clearly legible from that side; or

  3. if such licence disc or licence and roadworthy certificate disc, whichever the case may be, is required to be displayed on a motor vehicle in a position where it is exposed to the weather, be protected by affixing such licence disc or licence and roadworthy certificate disc, whichever the case may be, on the inside of the transparent front of a durable watertight holder.

(2) No person shall operate on a public road a motor vehicle on which is displayed a licence disc or a licence and roadworthy certificate disc, whichever the case may be, or anything purporting to be a licence disc or licence and roadworthy certificate disc--

  1. which is not applicable to such motor vehicle;
  2. which is in any way obscured or has become illegible, except if such licence disc or licence and roadworthy certificate disc, whichever the case may be, is temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor vehicle.

Procedure for refund of motor vehicle licence fees

37. (1) The owner of a motor vehicle which has--

  1. been reported stolen as referred to in regulation 54(1)(c);
  2. been reported permanently unfit for use as a motor vehicle as referred to in regulation 55(1)(b); or
  3. been deregistered in terms of regulation 17,

may apply for a refund of an amount calculated at one twelfth of the motor vehicle licence fees paid in respect of such motor vehicle in terms of regulation 25(2) for every month for which the motor vehicle licence remains valid, on the day immediately preceding the day on which the owner becomes exempt from liability for licensing of the motor vehicle concerned in terms of regulation 54(5) or 55(4) or is deregistered in terms of regulation 17.

(2) The owner of the motor vehicle referred to in subregulation (1) shall, within a period not exceeding three months after the date of notification in terms of regulation 54(1) or 55(1) or the date of deregistration, apply to the MEC of the province to which such owner has paid the motor vehicle licence fees referred to in subregulation (1), for a refund of the motor vehicle licence fees, on a form similar to form RLF or on form RLF, as shown in Schedule 2.

(3) On receipt of the application referred to in subregulation (2), the MEC concerned may refund the owner of the motor vehicle referred to in subregulation (1), with the amount referred to in subregulation (1) but an amount of less than R30 shall not be refunded.

Part II

Registration of manufacturers, builders, importers and manufacturers of number plates

Certain manufacturers, builders and importers to register

38. Any manufacturer, builder or importer who manufactures, builds, modifies or imports motor vehicles for the purpose of his or her business of selling motor vehicles or modifications of motor vehicles, shall register as a manufacturer, builder or importer.

Manner of application for registration as manufacturer, builder or importer

39. (1) An application for registration as a manufacturer, builder or importer in terms of section 5 of the Act shall be made on form MIB as shown in Schedule 2.

(2) An application referred to in subregulation (1) shall be accompanied by--

  1. the acceptable identification of the applicant and, if such applicant is a body of persons, that of its proxy and representative and a letter of proxy;
  2. the appropriate fees as determined by the MEC of the province concerned;
  3. in the case of an importer of motor vehicles, the Customs Code Number of the applicant as issued by the South African Revenue Service in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964); and
  4. any other additional information or documents as may be required by the chief executive officer.

Manner of registration of manufacturer, builder or importer

40. (1) On receipt of an application for registration as manufacturer, builder or importer, the chief executive officer shall--

  1. ensure that such application is in order;
  2. require the inspectorate of manufacturers, builders and importers to--
  1. evaluate the applicant in respect of compliance of the vehicles manufactured, built, modified or imported by such applicant with the relevant legislation, standards, specifications and codes of practice applicable in respect of motor vehicles in force in the Republic; and
  2. submit a recommendation in respect of the registration of the applicant;
  1. require the official in charge of the Vehicle Theft Unit of the South African Police Service to submit a report, in respect of the applicant, and such report may contain any prior convictions recorded against the applicant and the nature of such convictions, and any such official is hereby authorised to report accordingly; and
  2. with due regard to the evaluation and recommendations of the inspectorate of manufacturers, builders and importers and the South African Police Service, satisfy himself or herself that the applicant is suitable to be registered.

(2) If the chief executive officer is satisfied that the applicant may be registered as a manufacturer, builder or importer, he or she shall--

  1. register the applicant subject to any or all of the conditions as are prescribed in regulation 41 and, if he or she deems fit, such conditions as are determined by him or her;
  2. record the particulars pertaining to such applicant on the register of manufacturers, builders and importers; and
  3. issue to such applicant a certificate of registration on form MCR as shown in Schedule 2, which shall reflect the conditions referred to in paragraph (a).

(3) If the chief executive officer is not satisfied that the applicant may be registered as a manufacturer, builder or importer, he or she shall notify such applicant accordingly.

(4) A registered manufacturer, builder or importer of motor vehicles shall, at any time, be subject to an evaluation by the inspectorate of manufacturers, builders and importers.

Conditions for registration of manufacturer, builder or importer

41. The chief executive officer--

  1. shall require as a condition of registration that--
  1. notice be given by the manufacturer, builder and importer concerned on form NVM as shown in Schedule 2 to the inspectorate of manufacturers, builders or importers of all models of motor vehicles being manufactured, built, modified or imported; and
  2. a model number referred to in regulation 44(1)(f) be obtained and held by manufacturers, builders or importers for each model of a motor vehicle being manufactured, built, modified or imported;
  1. may require as a condition of registration--
  1. that a motor vehicle manufactured, built, modified or imported by a manufacturer, builder or importer, shall be presented to the South African Police Service for clearance of such motor vehicle;
  2. that a certification of roadworthiness be obtained for every motor vehicle of such model as specified by the inspectorate of manufacturers, builders and importers in the recommendation contemplated in regulation 40(1)(b)(ii); or
  3. that both the conditions referred to in subparagraphs (i) and (ii) be complied with.

Manner of suspension or cancellation of registration of manufacturer, builder or importer

42. (1) If the chief executive officer intends to suspend or cancel the registration of a manufacturer, builder or importer in terms of section 5(4) of the Act he or she shall notify such manufacturer, builder or importer of such intention and the reason therefor.

(2) The manufacturer, builder or importer referred to in subregulation (1), may, within 21 days after receipt of the notification referred to in that subregulation, make a written representation to the chief executive officer.

(3) The chief executive officer shall after due consideration of any representation made in terms of subregulation (2), if any--

  1. cancel the registration of the manufacturer, builder or importer concerned, or suspend such registration for such period as he or she may deem fit; or
  2. not cancel or suspend the registration of the manufacturer, builder or importer concerned,

and notify the manufacturer, builder or importer accordingly.

(4) The manufacturer, builder or importer, of which the registration has been cancelled, shall within 14 days after having been notified of such cancellation, submit to the chief executive officer the certificate of registration.

Manufacturers, builders or importers not required to register must comply with conditions

43. (1) Any manufacturer, any builder who modifies motor vehicles, or any importer, who is not required to be registered in terms of these regulations, shall apply to the inspectorate of manufacturers, builders and importers for a letter of authority on form NVM as shown in Schedule 2, in respect of any motor vehicle design or any design of a motor vehicle modification, except in respect of a trailer with a gross vehicle mass not exceeding 750 kilograms.

(2) Notwithstanding anything to the contrary contained in these regulations, motor vehicles manufactured, built, modified or imported based on any design contemplated in subregulation (1), by any manufacturer, builder or importer referred to in subregulation (1), shall not be registered unless such manufacturer, builder or importer holds a letter of authority for such design.

(3) Any motor vehicle manufactured, modified or imported by a manufacturer, builder or importer referred to in subregulation (1) shall be presented to the South African Police Service for clearance of such motor vehicle and a certification of roadworthiness shall be obtained for every such a motor vehicle prior to registration.

Powers and duties of inspectorate of manufacturers, builders and importers

44. (1) The inspectorate of manufacturers, builders and importers--

  1. shall in terms of regulation 40(1)(b), evaluate a manufacturer, builder or importer and make a recommendation to the chief executive officer regarding--
  1. the suitability of such manufacturer, builder or importer to be registered; and
  2. the conditions upon which such manufacturer, builder or importer should be registered;
  1. shall, in respect of every registered manufacturer, builder or importer conduct inspections to monitor the compliance by such manufacturer, builder or importer with the relevant legislation, standards, specifications and codes of practice;
  2. may advise any registered manufacturer, builder or importer in writing on the improvement and maintenance of standards applied by the manufacturer, builder or importer concerned and submit a copy of such written advice to the chief executive officer;
  3. may advise any manufacturer, builder or importer in writing on the improvement of any motor vehicle design or any design of a motor vehicle modification being manufactured, modified or imported;
  4. shall, when necessary, recommend to the chief executive officer the suspension, cancellation or change in conditions of the registration of a manufacturer, builder or importer;
  5. if models of motor vehicles being manufactured, built, modified or imported by registered manufacturers, builders and importers comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic, shall issue such models of motor vehicles with a model number;
  6. may suspend or cancel the model number of models of motor vehicles in the event of such models not continuing to comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic.

(2) A person employed by, or who acts on behalf of, the inspectorate of manufacturers, builders or importers, may at any reasonable time--

  1. for the purposes of evaluating a manufacturer, builder or importer and making a recommendation as contemplated in regulation 40(1)(b)(i), inspect, examine or test any motor vehicle which is being manufactured, built, modified or imported by such manufacturer, builder or importer; and
  2. without prior notice--
  1. enter the premises of any manufacturer, builder or importer;
  2. inspect any records of such manufacturer, builder or importer; and
  3. question any person with regard to any matter relating to the operation of such manufacturer, builder or importer.

Fee to defray expenditure incurred by inspectorate of manufacturers, builders and importers

45. (1) A manufacturer, builder or importer shall upon being registered as such, pay a fee to the inspectorate of manufacturers, builders and importers in respect of inspections carried out by the said inspectorate, to be determined by the Minister by notice in the Gazette, and thereafter such fee shall be so payable yearly upon the anniversary of the date of registration.

(2) A manufacturer, builder or importer not required to be registered in terms of these regulations shall pay a fee per motor vehicle design or design of motor vehicle modification of which the inspectorate of manufacturers, builders and importers is notified in terms of regulation 43(1), to the said inspectorate in respect of inspections carried out by it, to be determined by the Minister by notice in the Gazette.

(3) The inspectorate of manufacturers, builders and importers shall not later than 1 June of each year, submit to the chief executive officer a statement of fees received and costs incurred by or on behalf of such inspectorate, for the period 1 April to 31 March.

Procedure for change of particulars of registered manufacturer, builder or importer

46. (1) If there is any change of name, street or postal address, proxy, representative or acceptable identification of a registered manufacturer, builder or importer, such manufacturer, builder or importer shall, within 21 days after the date of such change, notify the chief executive officer of such change on form MIB as shown in Schedule 2.

(2) On receipt of the notification referred to in subregulation (1), the chief executive officer shall update the particulars pertaining to such manufacturer, builder or importer in the register of manufacturers, builders and importers.

Manner of change of conditions upon which manufacturer, builder or importer is registered

47. (1) The chief executive officer shall notify a manufacturer, builder or importer of any intention to change the conditions upon which such manufacturer, builder or importer is registered, and of the extent of such change.

(2) Within 21 days after receipt of the notification referred to in subregulation (1), the manufacturer, builder or importer concerned may make a written representation to the chief executive officer.

(3) The chief executive officer shall consider any representation made in terms of subregulation (2), if any.

(4) When the conditions upon which a manufacturer, builder or importer is registered change--

  1. the chief executive officer shall notify the manufacturer, builder or importer concerned of such change; and
  2. the manufacturer, builder or importer concerned shall within 14 days after such change submit to the chief executive officer the certificate of registration issued to such manufacturer, builder or importer upon registration.

(5) On receipt of the certificate of registration, the chief executive officer shall issue to the manufacturer, builder or importer concerned a new certificate of registration on form MCR as shown in Schedule 2, which shall reflect the new conditions.

Manufacturers of number plates to register

48. No person shall manufacture or sell number plates unless such person is registered as a manufacturer of number plates in terms of these regulations.

Manner of application by and registration of manufacturers of number plates

49. (1) An application for registration as a manufacturer of number plates in terms of section 5 of the Act shall be made on form MNP as shown in Schedule 2.

(2) An application referred to in subregulation (1) shall be accompanied by--

  1. the acceptable identification of the applicant and, if such applicant is a body of persons, that of its proxy and representative and a letter of proxy;
  2. the appropriate fees as determined by the MEC of the province concerned;
  3. any other additional information or documents as may be required by the chief executive officer.

(3) On receipt of an application for registration as a manufacturer of number plates, the chief executive officer shall ensure that such application is in order.

(4) If the chief executive officer is satisfied that the applicant may be registered as a manufacturer of number plates he or she shall--

  1. register the applicant subject to the conditions prescribed in regulation 50, and if he or she deems fit, such conditions as are determined by him or her;
  2. record the particulars pertaining to such applicant in the register of manufacturers of number plates; and
  3. issue to such applicant a certificate of registration on form MCR as shown in Schedule 2, which shall reflect the conditions referred to in paragraph (a).

(5) If the chief executive officer is not satisfied that the applicant may be registered as a manufacturer of number plates, he or she shall notify such applicant accordingly.

Conditions for registration as manufacturer of number plates

50. (1) Number plates manufactured by a manufacturer of number plates shall comply with the requirements of--

  1. standard specification SABS 1116: "Retro-reflective Registration Plates for Motor Vehicles", Part 2: "Registration plates (metal)" and Part 4: "Registration plates (plastics)"; and
  2. regulation 35(2) and (3).

(2) Manufacturers of number plates shall keep a register of number plates manufactured, which register shall contain--

  1. the licence number brought onto the number plate concerned;
  2. the date of manufacture of the number plate;
  3. the chassis number of the vehicle to which the number plate concerned is fitted;
  4. the acceptable identification of the person to whom the number plate concerned is sold; and
  5. such additional information as required by the chief executive officer.

(3) Manufacturers of number plates shall only use such materials and processes in the manufacture of number plates as are approved by the South African Bureau of Standards and for which test reports are held on the premises of such manufacturer of number plates.

(4) The registration certificate of a manufacturer of number plates shall be displayed in a conspicuous position on the premises of such manufacturer of number plates in such a manner that it is visible to members of the public.

Manner of suspension or cancellation of registration of manufacturer of number plates

51. (1) If the chief executive officer intends to suspend or cancel the registration of a manufacturer of number plates in terms of section 5(4) of the Act he or she shall notify such manufacturer of such intention and the reason therefor.

(2) The manufacturer of number plates referred to in subregulation (1), may, within 21 days after receipt of the notification referred to in that subregulation, make a written representation to the chief executive officer.

(3) The chief executive officer shall after due consideration of any representation made in terms of subregulation (2), if any--

  1. cancel the registration of the manufacturer of number plates concerned, or suspend such registration for such period as he or she may deem fit; or
  2. not cancel or suspend the registration of the manufacturer of number plates concerned,

and notify the manufacturer of number plates accordingly.

(4) The manufacturer of number plates whose registration has been cancelled, shall within 14 days after having been notified of such cancellation, submit to the chief executive officer the certificate of registration.

Part III

General

Procedure for change of particulars of title holder or owner of registered motor vehicle

52. (1) If the postal or street address, proxy or representative of the title holder or owner of a motor vehicle which is registered in terms of these regulations, changes, such title holder or owner shall, within a period of 21 days after such change, notify the appropriate registering authority of such change on form NCP, MVR1A or RLV as shown in Schedule 2.

(2) If the name or identification number as reflected in the acceptable identification of the title holder or owner of a motor vehicle registered in terms of these regulation changes, such title holder or owner shall within a period of 21 days after such change--

  1. notify the appropriate registering authority of such change on form MVR1A or RLV as shown in Schedule 2; and
  2. submit the new acceptable identification.

(3) Where a change referred to in subregulation (2) occurs in respect of a title holder, such title holder shall submit every registration certificate issued to him or her, together with the notification referred to in subregulation (2)(a), to the appropriate registering authority.

(4) In the case of a change referred to in subregulation (1) in respect of the proxy or representative of a body of persons, the notification referred to in that subregulation shall be accompanied by the acceptable identification of the new proxy or representative, as the case may be and, if applicable, a letter of proxy.

(5) On receipt of the notification referred to in subregulation (1) or (2), the registering authority shall--

  1. ensure that such notification is in order;
  2. update the particulars pertaining to the person or body of persons concerned in the register of motor vehicles;
  3. issue an acknowledgement of receipt of the notification on form NCP1 or NCP2 as shown in Schedule 2; and
  4. in the case of a notification referred to in subregulation (2) in respect of a change in the name or identification number as reflected in the acceptable identification of the title holder of a motor vehicle, issue a new registration certificate to the title holder concerned, upon payment of the appropriate fees for the issue of a duplicate document as determined by the MEC of the province concerned.

(6) The owner of a motor vehicle shall notify the title holder of such motor vehicle of any change of address or particulars of the owner as referred to in subregulations (1) and (2).

Duty of title holder and owner of motor vehicle where such title holder or owner changes

53. (1) No person shall, either for himself or herself, the State or on behalf of another person--

  1. dispose of or deliver or trade with a motor vehicle in terms of an instalment sale transaction or leasing transaction unless--
  1. such motor vehicle, if required to be registered and licensed in terms of this Chapter, is so registered and licensed; and
  2. the registration certificate, and if the motor vehicle is required to be licensed, the motor vehicle licence, accompanies the motor vehicle concerned;
  1. acquire or take delivery of a motor vehicle if the motor vehicle may not be disposed of or delivered or traded with in terms of paragraph (a).

(2) If a motor vehicle forms part of the estate of a deceased person, the executor or executrix of the estate shall ensure that the motor vehicle is registered and licensed if required to be registered and licensed in terms of this Chapter, and that the registration certificate, and if the motor vehicle is required to be licensed, the motor vehicle licence, accompanies the motor vehicle concerned.

(3) If there is a change of title holder of a motor vehicle, the current title holder of such motor vehicle shall--

  1. complete the relevant portion of form MVR1A or NCT as shown in Schedule 2;
  2. ensure that the new title holder completes the relevant portion of such form;
  3. forward the form referred to in paragraph (a) to the appropriate registering authority forthwith; and
  4. hand over the registration certificate concerned to the new title holder, but where the owner is in possession of such certificate, that owner shall hand over that certificate to the new title holder.

(4) If there is a change of owner of a motor vehicle, the current owner of such motor vehicle shall notify the registering authority where such motor vehicle is licensed of such change, on form NCP or MVR1A or RLV as shown in Schedule 2.

(5) On receipt of a notification referred to in subregulation (3) or (4), the registering authority--

  1. shall ensure that such notification is in order;
  2. shall update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles; and
  3. may acknowledge receipt of such notice on form ARN as shown in Schedule 2.

(6) For the purposes of this regulation, every branch of a business or body of persons referred to in paragraph (a)(ii), (iii) and (iv) of the definition of "appropriate registering authority" in regulation 1, shall be deemed to be a title holder or owner, as the case may be.

Procedure if motor vehicle is stolen

54. (1) If a motor vehicle is stolen, the owner of such motor vehicle shall--

  1. report the theft to the South African Police Service, within 24 hours after he or she has become aware of such theft;
  2. notify the title holder forthwith of the theft;
  3. within seven days after the date upon which he or she has become aware of the theft, if the motor vehicle concerned has not been recovered during such period, notify the appropriate registering authority of such theft by forwarding form CNP or MVR1A as shown in Schedule 2, to such registering authority; and
  4. submit the registration certificate of the motor vehicle concerned to the registering authority concerned, if such certificate is in such owner's possession.

(2) A change of title holder or owner of a motor vehicle reported stolen shall not be recorded in the register of motor vehicles unless such change results from--

  1. an agreement of indemnity against the theft of such motor vehicle; or
  2. an agreement between the owner and the title holder of such motor vehicle.

(3) The title holder of the motor vehicle referred to in subregulation (1) shall--

  1. within three months after the date on which he or she was notified of the theft, notify the appropriate registering authority of such theft on form MVR1A as shown in Schedule 2; and
  2. if the registration certificate of such motor vehicle has not been submitted by the owner under subregulation (1)(d), submit such certificate and the notification referred to in paragraph (a) to the appropriate registering authority.

(4) On receipt of the notification referred to in subregulation (1)(c) or (3)(a), the registering authority shall--

  1. ensure that such notification is in order;
  2. update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles;
  3. in the case of the notification referred to in subregulation (3)(a), issue a deregistration certificate on form VDC as shown in Schedule 2, to the title holder of the motor vehicle concerned; and
  4. issue an acknowledgement of receipt of the notification referred to in subregulation (1)(c) on form ARN as shown in Schedule 2.

(5) If a registering authority has in terms of subregulation (4)(d) acknowledged receipt of the notification referred to in subregulation (1)(c), the owner of the motor vehicle concerned is exempt from liability for the licensing of such motor vehicle, with effect from the first day of the month following the month in which such acknowledgement was issued: Provided that a period during which the owner of such motor vehicle was unable to notify the appropriate registering authority due to circumstances beyond his or her control, shall be disregarded.

(6) If the motor vehicle referred to in subregulation (1) is recovered after an acknowledgement of receipt has been issued as contemplated in subregulation (4)(d) and prior to the issue of a deregistration certificate as contemplated in subregulation (4)(c), the owner of such motor vehicle shall--

  1. within 24 hours after such recovery, notify the South African Police Service thereof;
  2. notify the title holder and the appropriate registering authority forthwith of such recovery; and
  3. apply for the licensing of such motor vehicle as referred to in regulation 24, which application shall be accompanied by a South African Police Service clearance of the motor vehicle, and written confirmation by the South African Police Service that the licence number has been cleared for further use.

(7) If the application for licensing referred to in subregulation (6)(c) is not accompanied by the written confirmation by the South African Police Service that the licence number has been cleared for further use, the registering authority shall allocate a new licence number to the motor vehicle concerned and the owner is liable for any costs incurred in this regard.

Procedure if motor vehicle becomes permanently unfit for use as motor vehicle

55. (1) If a motor vehicle becomes permanently unfit for use as a motor vehicle, the owner of such motor vehicle shall--

  1. notify the title holder forthwith thereof;
  2. within three months after the date on which such motor vehicle has become so unfit notify the appropriate registering authority, on form CNP or MVR1A as shown in Schedule 2, that such motor vehicle is permanently unfit for use as a motor vehicle; and
  3. submit the registration certificate of the motor vehicle concerned, if such certificate is in such owner's possession.

(2) The title holder of a motor vehicle referred to in subregulation (1) shall--

  1. within three months after the date on which such motor vehicle has become permanently unfit for use, notify the appropriate registering authority, on form CNP or MVR1A as shown in Schedule 2, that such motor vehicle is permanently unfit for use; and
  2. if the registration certificate of such motor vehicle has not been submitted by the owner under subregulation (1)(c), submit such certificate and the notification referred to in paragraph (a) to the appropriate registering authority.

(3) On receipt of a notification referred in subregulation (1)(b) or (2)(a), the registering authority shall--

  1. ensure that the notification is in order;
  2. update the particulars pertaining to the motor vehicle in the register of motor vehicles;
  3. issue an acknowledgement of receipt of the notification referred to in subregulation (1)(b), on form ARN as shown in Schedule 2 to the owner; and
  4. in the case of the notification referred to in subregulation (2)(a) issue a deregistration certificate on form VDC as shown in Schedule 2 to the title holder of the motor vehicle concerned.

(4) If a registering authority has in terms of subregulation (3)(c), acknowledged receipt of the notice referred to in subregulation (1)(b), the owner of the motor vehicle concerned is exempt from liability for the licensing of such motor vehicle, with effect from the first day of the month following the month in which such acknowledgement was issued: Provided that a period during which the owner of such motor vehicle was unable to notify the appropriate registering authority due to circumstances beyond his or her control, shall be disregarded.

Number to be affixed to motor vehicle

56. (1) Every motor vehicle shall have a chassis number of not more than 17 alpha-numerical characters which shall be cut, stamped, embossed on or permanently affixed to such motor vehicle and, if applicable, an engine number of not more than 20 alpha-numerical characters which shall be cut, stamped, embossed on or permanently affixed to the engine of such motor vehicle.

(2) The chassis number of every motor car, mini-bus, bus or goods vehicle registered for the first time on or after 1 January 1996, shall comply with the following standard specifications:

  1. SABS/ISO 3779: "Road vehicles - Vehicle identification number (VIN) - Content and structure";
  2. SABS/ISO 4030: "Road vehicles - Vehicle identification number (VIN) - Location and attachment";
  3. SABS/ISO 3780: "Road vehicles - World Manufacturer identifier (WMI) code".

(3) The title holder of a motor vehicle--

  1. which does not bear a chassis number;
  2. which, if it is a self-propelled vehicle, does not bear an engine number;
  3. which does not bear both the numbers referred to in paragraphs (a) and (b), if applicable;
  4. of which the number referred to in paragraph (a) or (b), appears on another motor vehicle
  5. of which the number referred to in paragraph (a) or (b) is altered, defaced or obliterated,

shall tender such motor vehicle to the South African Police Service.

(4) The South African Police Service shall, upon payment of the appropriate fees as determined by the MEC who is concerned with road traffic matters, in consultation with the MEC who is concerned with safety and security matters, issue a new chassis or engine number or a new chassis and engine number, whatever the case may be, in respect of the motor vehicle referred to in subregulation (3).

(5) The title holder of a motor vehicle referred to in subregulation (3) shall--

  1. cause the number issued by the South African Police Service as referred to in subregulation (4) to be cut, stamped, embossed on or permanently affixed to such motor vehicle; and
  2. obtain clearance from the South African Police Service in respect of the number referred to in paragraph (a).

(6) The number referred to in subregulation (5) shall be the chassis or engine number, or chassis and engine number, whatever the case may be, of the motor vehicle concerned.

(7) The title holder referred to in subregulation (5) shall furnish the registering authority with the clearance referred to in that subregulation and with the registration certificate of the motor vehicle concerned.

(8) The registering authority concerned shall issue a new registration certificate to the title holder upon payment of the appropriate fees for a duplicate document, as determined by the MEC of the province concerned, which reflects the number referred to in subregulation (5).

Penalties for late registration or licensing

57. (1) If an application for the registration or licensing of a motor vehicle or licensing of a motor trade number is not made within the period determined in this Chapter, the title holder, owner or holder, as the case may be, shall pay a penalty to the appropriate registering authority, calculated at one tenth of the appropriate fees as determined by the MEC of the province concerned, for every month or part of a month during which the fees remain unpaid: Provided that such penalty shall not exceed the total amount of the appropriate fees.

(2) The payment by the title holder or owner of a motor vehicle or holder of a motor trade number of the registration or licence fees or motor trade number licence fees, as the case may be, as well as the penalty referred to in subregulation (1), shall not relieve such title holder, owner or holder from prosecution for his or her failure to register or licence such motor vehicle or motor trade number timeously, nor shall such a prosecution relieve such title holder, owner or holder of the liability to pay the appropriate fees for registration or licensing, as well as the penalty referred to in subregulation (1).

(3) The title holder or owner of a motor vehicle or the holder of a motor trade number who submits an application on the appropriate form to the appropriate registering authority for the registration or licensing of a motor vehicle or motor trade number, as the case may be, together with the appropriate fees within the time allowed, but fails to furnish any relevant document or particulars which may be required by the registering authority, shall, notwithstanding anything to the contrary contained in this regulation, not be liable for any penalty if such registering authority is satisfied that such failure was due to circumstances beyond the control of such title holder, owner or holder.

(4) If the MEC concerned is satisfied that payment of registration or licence fees or motor trade number licence fees was delayed by a cause beyond the control or were not due to any fault on the part of the title holder or owner of a motor vehicle or holder of a motor trade number, he may direct that a penalty paid in respect of the registration or licensing, or so much thereof as the circumstances appear to him or her to justify, shall be refunded to such title holder, owner or holder.

(5) Penalties or fees payable in respect of the registration or licensing of a motor vehicle or motor trade number, as the case may be, in terms of this Chapter, shall be a debt due to the MEC concerned and may be recovered in a competent court by a registering authority on behalf of the MEC concerned.

Registration and licence fees not payable in respect of certain vehicles

58. Notwithstanding anything to the contrary contained in these regulations, registration and licence fees are not payable in respect of a motor vehicle--

  1. certified by the Chief of the South African Defence Force as owned by a friendly State and intended exclusively for military purposes in the Republic; or
  2. of which the owner is a foreign government, a diplomat representing a foreign country, an international or intergovernmental organization or any person or class of persons as the Minister of Foreign Affairs may determine.

Arrear fees for licensing of motor vehicle or motor trade number

59. (1) If application is made for the licensing of a motor vehicle or motor trade number in a month following the month in which liability for the licensing of such motor vehicle or motor trade number arose, arrear licence fees, calculated at one twelfth per month of the annual licence fees from the first day of the month in which liability for such licensing arose until the last day of the month preceding the month in which application is made, shall be payable.

(2) If a person who owes any penalties or fees in terms of the provisions of this Chapter to any registering authority, applies for any transaction, the registering authority to whom such application is made, may refuse to effect the transaction applied for, until such penalties and fees have been paid, and may apply any amount tendered in settlement of such penalties and fees due.

Period of grace

60. Where, in terms of the provisions of this Chapter, provision is made for a period within which an application shall be made, such period shall be construed as a period of grace allowed to the applicant during which he may make such application without being liable for a penalty referred to in regulation 57 or prosecution for not making such application timeously.

Procedure when cheque is dishonoured

61. (1) If any penalties or fees payable for a transaction in terms of the provisions of this Chapter are paid by cheque and such cheque is dishonoured on presentation, the registering authority concerned may notify the person concerned thereof in writing and unless the person concerned honours such cheque within the period allowed by the authority concerned, the registering authority shall record a levy as determined by the MEC of the province concerned on the account of the applicant concerned, and--

  1. in the case of the licencing of a motor vehicle where a change of title holder or owner has not taken place, amend the register of motor vehicles by replacing the date of expiry of the motor vehicle licence with which the person concerned was issued upon payment of the dishonoured cheque (hereafter referred to as the "new licence") with the date of expiry of the motor vehicle licence which the person held before he or she was issued with the new licence, upon which the new licence shall be deemed to be invalid;

  2. in the case of the licencing of a motor vehicle where a change of title holder or owner has taken place, or in the case of the registration of a motor vehicle, record the outstanding amount on the account of the applicant concerned in the register of motor vehicles;

  3. in the case of the licencing of a motor trade number where a change of the holder of a motor trade number has not taken place, amend the register of motor trade numbers by replacing the date of expiry of the motor trade number licence with which the person concerned was issued upon payment of the dishonoured cheque (hereafter referred to as the "new motor trade number licence") with the date of expiry of the motor trade number licence which the person held prior to being issued with the new motor trade number licence, upon which the new motor trade number licence shall be deemed to be invalid;

  4. in the case of the licencing of a motor trade number where a change of holder of a motor trade number has taken place, or in the case of the issue of a motor trade number, record the outstanding amount on the account of the applicant concerned in the register of motor trade numbers;

  5. in the case of all other transactions, record the outstanding amount on the account of the applicant concerned.

(2) The amount and the levy referred to in subregulation (1), shall be recovered by the registering authority in a manner determined by the MEC concerned.

(3) The MEC concerned may record in the register of motor vehicles or in the register of motor trade numbers, that any future payments by way of a cheque by the applicant concerned shall be refused.

Duty to furnish information

62. (1) Any person requested by the Director-General: Provincial Administration concerned, a traffic officer, an inspector of licences, an examiner of vehicles, or the chief executive officer to furnish information regarding a motor vehicle or a motor vehicle body which is or may have been at any time in his or her possession, shall furnish such information.

(2) A person shall furnish such information as may be required by the Director-General: Provincial Administration concerned, a traffic officer, an inspector of licences, an examiner of vehicles or the chief executive officer regarding any matter in respect of which such person has responsibility in terms of the Act.

Duty of registering authority in respect of records

63. (1) A registering authority shall keep a file for every motor vehicle it registers or licenses, and for every motor trade number such registering authority issues and licenses.

(2) The registering authority shall record all the transactions such registering authority effects in the applicable register and keep record of such transactions.

Confirmation of information in respect of motor vehicle

64. (1) A person may apply to a registering authority, other than the registering authority of the South African Police Service, on form MVR1A as shown in Schedule 2, for a confirmation certificate in respect of a motor vehicle.

(2) The application referred to in subregulation (1) shall be accompanied by--

  1. the acceptable identification of the applicant and, in the case of a body of persons, that of its proxy and representative and a letter of proxy; and
  2. the appropriate fees as determined by the MEC of the province concerned.

(3) On receipt of the application referred to in subregulation (1), the registering authority shall, if satisfied that the application is in order, issue a confirmation certificate on form MVI as shown in Schedule 2.

Exporting of motor vehicle

65. (1) If the owner of a motor vehicle, other than a manufacturer or a builder of a new motor vehicle, intends to export such motor vehicle, such owner shall notify the appropriate registering authority thereof on form MVR1A or CNP as shown in Schedule 2, as the case may be.

(2) On receipt of a notification referred to in subregulation (1), the registering authority shall--

  1. update the particulars pertaining to such motor vehicle in the register of motor vehicles; and
  2. acknowledge receipt of such notification on form ARN as shown in Schedule 2.

Manner in which mass measuring certificate to be obtained

66. (1) A mass measuring certificate on which the licence number, chassis number, tare, and such other particulars as required by the registering authority concerned, are reflected, shall be obtained by the applicant therefor at his or her own expense from a person in charge of a mass measuring apparatus approved by a registering authority.

(2) The tare of a motor vehicle referred to in subregulation (1), shall be determined in the presence of a person nominated by the registering authority concerned.

Manufacturer, builder or importer to provide certificate

67. A manufacturer, builder or importer, as the case may be, shall, when disposing of a motor vehicle manufactured, built or imported by him or her, furnish the new title holder of such motor vehicle with the certificate referred to in regulation 8(2)(e).

Registration certificate to be submitted by owner and title holder under certain circumstances

68. (1) Notwithstanding the provisions of regulation 52(3), the owner of a motor vehicle shall, if in possession of a registration certificate issued under road traffic legislation previously applicable, hand over such certificate to the appropriate registering authority or new title holder, as the case may be.

(2) Notwithstanding the provisions of regulations 54(3)(b) and 55(2)(b), if the owner is in possession of the registration certificate concerned issued under road traffic legislation previously applicable, he or she shall submit such certificate to the title holder.

Contents Page Chapter 4