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--
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--
- self-propelled;
- a caravan;
- designed principally for the conveyance of persons or goods, or both; and
- operated on a public road;
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--
(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--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;
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);
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;
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;
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--
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--
- if the motor vehicle was manufactured, on the date of completion of manufacture of such motor vehicle;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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)
- 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
(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--
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;
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;
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;
- the chassis number as contemplated in regulation 56(2) expressed in not more than 17 alpha-numerical characters;
- if applicable, the engine number expressed in not more than 20 alpha-numerical characters;
- the make expressed in not more than 30 alpha-numerical characters;
- 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;
- 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;
- if applicable, the engine capacity in cubic centimetres expressed in not more than five figures;
- in the case of a mini-bus, bus or goods vehicle, the gross vehicle mass in kilograms expressed in not more than six figures;
- if applicable, the nett engine power to the nearest kilowatt expressed in not more than three figures;
- the main colour; and
- 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;
- proof of the right to be registered as title holder of the motor vehicle concerned;
- proof of compliance with the provisions of the customs and excise legislation;
- where doubt exists regarding the tare of the motor vehicle concerned, a mass measuring certificate obtained in the manner prescribed in regulation 66;
- 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--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--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--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--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--
- motor vehicle concerned; and
- title holder and owner of such motor vehicle; and
(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--
- which has not been registered as such;
- which is not required to be registered as such; or
- 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;
(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--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--
(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--
(3) On receipt of the application referred to in subregulation (1), the registering authority shall--
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--
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--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;
- road-making;
- road-sweeping;
- earthmoving;
- excavation;
- pipe-laying;
- construction;
- water-boring;
- loading;
- lifting;
- internal handling;
- drilling; or
- any like purpose determined by the MEC,
which is not designed principally for the conveyance of goods or persons or both;
- used solely for racing purposes;
- 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
- is not operated on a public road;
- in any race or sport referred to in regulation 317;
- in an event organized by a properly constituted motor club; or
- for exhibition purposes; or
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--
(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--
- receives a pension in terms of the Military Pensions Act, 1976 (Act No. 84 of 1976);
- suffers from a pensionable disability which has been determined at not less than 50 per cent in terms of that Act; and
- 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--
- the acceptable identification of the owner; and
- any additional information or documents as may be required by the MEC concerned.
- consider such application;
- notify the applicant concerned and the appropriate registering authority accordingly; and
- if the application is granted,
- issue a certificate of classification on form ELF 3 as shown in Schedule 2; and
- record such classification on the register of motor vehicles.
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--(2) The words "change of owner" excludes for the purposes of this regulation a change--
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--(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--
(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--
(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.
(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--
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--
- allocate a licence mark to every registering authority in the province concerned, which licence mark shall consist of a combination of letters; or
- 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".
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--
- the licence number allocated to the vehicle upon licensing thereof;
- the letter G followed by two letters, three figures, and the letter G; or
- any other licence number determined by the chief executive officer by notice in the Gazette;
- a foreign government, diplomat representing a foreign government, an international or inter-governmental organisation;
- a member of staff or suite of such government or organisation; or
- 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.
- 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--
(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--
(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)--
(3) The letters and figures on a number plate shall be arranged--
- the figures and letters;
- the letters and letters; or
- 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--
- any design appears on the number plate or if such plate is fitted to a number plate holder, on such holder; and
- 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;
(7) A number plate shall be affixed--
(8) A number plate shall, in the case of--
(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--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;
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
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--
Procedure for refund of motor vehicle licence fees
37.
(1) The owner of a motor vehicle which has--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--
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--
- 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
- submit a recommendation in respect of the registration of the applicant;
(2) If the chief executive officer is satisfied that the applicant may be registered as a manufacturer, builder or importer, he or she shall--
(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--
- 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
- 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;
- 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;
- 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
- 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--
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--
- the suitability of such manufacturer, builder or importer to be registered; and
- the conditions upon which such manufacturer, builder or importer should be registered;
(2) A person employed by, or who acts on behalf of, the inspectorate of manufacturers, builders or importers, may at any reasonable time--
- enter the premises of any manufacturer, builder or importer;
- inspect any records of such manufacturer, builder or importer; and
- 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--
(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--
(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--
(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--(2) Manufacturers of number plates shall keep a register of number plates manufactured, which register shall contain--
(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--
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--
(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--
(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--
- such motor vehicle, if required to be registered and licensed in terms of this Chapter, is so registered and licensed; and
- the registration certificate, and if the motor vehicle is required to be licensed, the motor vehicle licence, accompanies the motor vehicle concerned;
(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--
(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--
(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--(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--
(3) The title holder of the motor vehicle referred to in subregulation (1) shall--
(4) On receipt of the notification referred to in subregulation (1)(c) or (3)(a), the registering authority shall--
(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--
(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--(2) The title holder of a motor vehicle referred to in subregulation (1) shall--
(3) On receipt of a notification referred in subregulation (1)(b) or (2)(a), the registering authority shall--
(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:
(3) The title holder of a motor vehicle--
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--
(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--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--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;
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;
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;
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;
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--
(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--
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.
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