Section 146: Unauthorised sale of vehicles

146. Unauthorised sale of vehicles (1) Subject to this section, no person shall sell, supply or offer to sell or supply a motor vehicle or trailer for delivery in such a condition that— (a) its use on a road in that condition would be unlawful by virtue of any provision of this Act relating to— (i) its construction, weight and equipment; or (ii) its brakes, steering gear, or tyres; or (b) with regard to its lighting equipment, reflectors, or their maintenance, it is not capable of being used on a road during lightingup time without contravening the law relating to obligatory lamps or reflectors. (2) Where a motor vehicle or trailer is sold, supplied or offered in contravention of this section, the person who— (a) sells, supplies or offers it; or (b) causes or permits it to be sold, supplied or offered, shall commit an offence. (3) A person shall not commit an offence under this section in respect of the sale, supply or offer of a motor vehicle or trailer if he proves that he had reasonable cause to believe that the motor vehicle or trailer would not be used on a road— (a) until it had been put into a condition in which it might lawfully be used; or (b) where the sale, supply or offer of a vehicle or trailer is alleged to be unlawful by reason of its condition with regard to its lighting equipment or reflectors or their maintenance, during lighting-up time until it had been put into a condition in which it might be so used during that time without contravening the law relating to obligatory lamps or reflectors. (4) This section shall not affect the validity of a contract or any rights arising under a contract. (5) In this section, “obligatory lamps or reflectors” means, in relation to a motor vehicle or trailer, the lamps or reflectors required by law to be carried on the motor vehicle or trailer while it is on a road during lighting-up time. [Issue 9] R27 – 120 Revised Laws of Mauritius (6) (a) This section shall not apply to a motor vehicle or trailer— (i) sold or supplied; or (ii) offered for sale or supply, where it is intended that its subsequent use shall be solely for the purpose of taking it to a place where it is— (A) to be broken up; or (B) put into a condition in which its use would not be unlawful. (b) In the case of a motor vehicle, the subsequent use under paragraph (a) shall not include use under the vehicle’s own power.