Section 9: Proof of transfer of ownership

9. Proof of transfer of ownership (1) The transfer of ownership of a motor vehicle or trailer shall be established— (a) by the production of the deed, or electronic deed registered in the RDDS, witnessing the transfer of the vehicle; or [Issue 7] R27 – 18 Revised Laws of Mauritius (b) where there is no deed, by a declaration, or an electronic declaration registered in the RDDS, signed by the owner of the vehicle. (2) The deed or declaration shall be drawn up on paper of A4 size and of not less than 90 grammes, and shall state— (a) (i) the price or consideration for which the transfer of the vehicle was effected; or (ii) where the transfer has been effected without consideration, the actual value of the vehicle; and (b) the make, model, engine number and capacity, chassis number and registration mark of the vehicle; and (c) the name and address, including the postcode, of the transferor and that of the transferee. (2A) The deed or declaration may be— (a) prepared, concluded and saved in the RDDS; or (b) scanned and saved in the RDDS. (2B) Any deed or declaration submitted to the Registrar-General and registered in the RDDS shall be considered to be the original. (2C) Any deed scanned for the purpose of the RDDS shall be scanned in— (a) Portable Document Format (PDF); (b) 300 dots per inch (DPI) Image Resolution; and (c) text-searchable format by applying Optical Character Recognition (OCR). (3) — (4) The deed, declaration, or electronic deed or declaration registered in the RDDS shall be registered with the Registrar-General and registration duty shall be paid in accordance with Part VI of the First Schedule to the Registration Duty Act. (5) Every person to whom the ownership of a motor vehicle or trailer has been transferred shall, within 14 days of the transfer— (a) present to the Registrar-General for registration the deed, declaration, or electronic deed or declaration registered in the RDDS referred to in subsection (2), together with— (i) in the case of a motor vehicle or trailer registered in Mauritius, the registration book delivered under section 5 (5); and (ii) in any other case, the original of a registration document or a certified copy issued by the relevant authority of the country where the motor vehicle or trailer is registered and the paid customs bill of entry; and (b) pay to the Registrar-General the duty provided under subsection (4). R27 – 19 [Issue 7] Road Traffic Act (6) Where a person fails to comply with subsection (4), there shall be levied on the registration of the deed or declaration, in addition to the duty provided under subsection (3), a penalty at the rate specified in the Sixth Schedule to the Registration Duty Act. (7) No deed, declaration, or electronic deed or declaration registered in the RDDS regarding the transfer of a motor vehicle or trailer shall be registered unless it complies with this section. (8) — (9) The deed, declaration, or electronic deed or declaration registered in the RDDS referred to in subsection (5) (a) shall be returned to the transferee and an electronic version of the deed or declaration shall be registered and saved for a period of not less than 5 years in the MIPD. (10) The return of a duly registered electronic deed or declaration under subsection (9) shall be effected electronically through the RDDS. [S. 9 amended by s. 3 of Act 23 of 1985 w.e.f. 1 May 1985; s. 8 of Act 15 of 1988 w.e.f. 1 July 1998; s. 8 (1) of Act 37 of 1990 w.e.f. 1 January 1991; s. 13 of Act 25 of 1994 ection (5) (a) shall be returned to the transferee and an electronic version of the deed or declaration shall be registered and saved for a period of not less than 5 years in the MIPD. (10) The return of a duly registered electronic deed or declaration under subsection (9) shall be effected electronically through the RDDS. [S. 9 amended by s. 3 of Act 23 of 1985 w.e.f. 1 May 1985; s. 8 of Act 15 of 1988 w.e.f. 1 July 1998; s. 8 (1) of Act 37 of 1990 w.e.f. 1 January 1991; s. 13 of Act 25 of 1994 w.e.f. 27 July 1994; s. 5 (b) of Act 20 of 2003 w.e.f. 23 July 2003; s. 25 of Act 38 of 2011 w.e.f. 15 December 2011; s. 21 (b) of Act 26 of 2013 w.e.f. 19 May 2014; s. 45 (c) of Act 9 of 2015 w.e.f. 2 July 2015.]