Section 22: Application for licence

22. Application for licence (1) An application for the licensing of a motor vehicle or trailer shall be made in such form and manner as may be prescribed. (2) On applying for a licence under this Part, the applicant shall— (a) make such declaration and furnish such particulars with respect to the motor vehicle or trailer as may be prescribed; and (b) produce to the Commissioner such evidence as may be prescribed that— (i) on the date when the licence comes into operation there will be in force during the period for which the licence is R27 – 27 [Issue 1] Road Traffic Act issued the policy of insurance or the security required by this Act in relation to the use of the motor vehicle or trailer by the applicant or by other persons on his order or with his permission; or (ii) the motor vehicle or trailer is a vehicle to which section 55 (3) does not apply where it is driven by its owner or by any of his servants in the course of his employment or who is otherwise subject to the control of the owner. (3) (a) Subject to the provisions of this Act relating to motor vehicle dealer’s licences, every licence shall be issued in respect of the motor vehicle or trailer specified in the application for the licence and shall not enable the person to whom it is issued to use any other motor vehicle or trailer under that licence. (b) The Commissioner shall not issue a licence for which application is made unless he is satisfied that— (i) the licence applied for is the proper licence for the motor vehicle or trailer specified in the application; (ii) in the case of a public service vehicle and a goods vehicle, the motor vehicle has been licensed under Part VI for a period not less than that during which the licence applied for will have effect; and (iii) in the case of an application for a licence for a motor vehicle or trailer purporting to be the first application for a licence in respect of that vehicle or trailer, a licence has not previously been issued in respect of that vehicle or trailer. (4) (a) Every person who becomes the owner of a motor vehicle or trailer in respect of which no licence under this Part is in force shall, if he does not intend to take out a licence in respect of that motor vehicle or trailer, within 7 days of the date on which he becomes its owner, give notice by registered letter to the Commissioner of his intention not to take out a licence and furnish him with the address and particulars of the premises on which the motor vehicle or trailer is kept. (b) Every owner or actual owner of a motor vehicle or trailer in respect of which a licence under this Part is in force shall, if he does not intend to renew the licence at the date of its expiry, on or before that date, give notice by registered letter to the Commissioner of his intention not to have the licence renewed and furnish him with the address and particulars of any premises on which the motor vehicle or trailer is intended to be kept after that date. (c) A notice shall, where forwarded under— (i) paragraph (a), be valid as from the first day of the month on which the person giving the notice became the owner of the motor vehicle or trailer; and (ii) paragraph (b), be valid as from the date of the expiry of the licence. [Issue 1] R27 – 28 Revised Laws of Mauritius (d) The onus of proving that a notice under this subsection has been given shall lie on the owner or the actual owner, as the case may be. (5) (a) The Commissioner, or a police officer authorised by the Commi orwarded under— (i) paragraph (a), be valid as from the first day of the month on which the person giving the notice became the owner of the motor vehicle or trailer; and (ii) paragraph (b), be valid as from the date of the expiry of the licence. [Issue 1] R27 – 28 Revised Laws of Mauritius (d) The onus of proving that a notice under this subsection has been given shall lie on the owner or the actual owner, as the case may be. (5) (a) The Commissioner, or a police officer authorised by the Commissioner of Police, may cause seals to be affixed to a motor vehicle or trailer referred to in a notice forwarded under subsection (4) (a) or (b) in such a way that the vehicle or trailer is incapable of being used without the seals affixed to it being broken. (b (i) Where an unlicensed vehicle, other than a vehicle covered by a motor vehicle dealer’s licence, has to be removed from the premises where it is kept to other premises, the owner shall apply in the prescribed form, to the Commissioner for permission to remove the vehicle. (ii) The Commissioner may, subject to such conditions as he thinks fit to impose, issue the permission, in the prescribed form, on payment of the prescribed fee. (6) Subject to subsection (10), where a person does not give notice under subsection (4) (a) or (b), as the case may be, and fails— (a) within 15 days of the day on which he becomes the owner of a motor vehicle or trailer, to take out a licence in respect of the motor vehicle or trailer; or (b) within 15 days of the day of the expiry of a licence issued in respect of a motor vehicle or trailer of which he is the owner or actual owner, to renew the licence, he shall commit an offence. (7) Any person whose unlicensed motor vehicle or trailer is— (a) not found on the premises specified with respect to it in any notice referred to in subsection (4) (a) or (b); or (b) found with the seals referred to in subsection (5) (a) broken or removed from it, shall commit an offence. (8) A person who commits an offence under this section shall, on conviction, be liable to a fine which shall not be less than twice nor more than 3 times the amount of tax payable in respect of the vehicle. (9) Proceedings for an offence under this section may be brought at any time within a period of 12 months from the date on which the offence was committed. (10) (a) Any person who— (i) becomes the owner of a motor vehicle or trailer in respect of which no licence under this Part is in force, and fails to give the notice under subsection (4) (a); or (ii) being or becoming the owner or actual owner of a motor vehicle or trailer in respect of which a licence under section 23 is in R27 – 29 [Issue 1] Road Traffic Act force, fails to give a notice under subsection (4) (b) and fails to renew the licence within 15 days of the date of its expiry, shall be liable on the issue or renewal of the licence, as the case may be, to a surcharge of 50 per cent on the amount of the tax prescribed for that vehicle or trailer unless proceedings have, prior to the issue or renewal, been instituted against that person under section 21 or this section. (b) No proceedings shall be instituted where a licence is issued or renewed, as the case may be, after payment of a surcharge. (11) In this section, “renew”, when used in relation to a licence, means take out a licence in respect of a vehicle which has at any time been licensed under Part III. [S. 22 amended by s. 6 of Act 46 of 2002 w.e.f. 15 May 2003.] er unless proceedings have, prior to the issue or renewal, been instituted against that person under section 21 or this section. (b) No proceedings shall be instituted where a licence is issued or renewed, as the case may be, after payment of a surcharge. (11) In this section, “renew”, when used in relation to a licence, means take out a licence in respect of a vehicle which has at any time been licensed under Part III. [S. 22 amended by s. 6 of Act 46 of 2002 w.e.f. 15 May 2003.]