Section 12: Motor vehicle subject to lease or hire purchase agreement

12. Motor vehicle subject to lease or hire purchase agreement (1) Where an application for registration of a leased vehicle is made, the Commissioner shall, in addition to compliance with the provisions of section 8 (1), enter in the registration book and the register, the name of the lessor and the lessee and the existence of the agreement. (2) Any entry made under subsection (1) may, on notification made to the Commissioner, be cancelled by him on proof of the termination of the agreement by the parties concerned. (3) Where the lessor satisfies the Commissioner that— (a) he has taken possession of the vehicle owing to the default of the lessee under the provisions of such lease agreement; and (b) that the lessee refuses to deliver the registration book or has absconded, the Commissioner shall, by notice, require that lessee to show cause, within a delay specified by the Commissioner, why the registration should not be cancelled. (4) Where the lessee fails to show cause within the delay specified by the Commissioner under subsection (3), the Commissioner may, notwithstanding that the registration book is not produced before him— (a) cancel the registration; and (b) issue a registration book in the name of the lessor, upon payment of the prescribed fee. (5) Subject to subsection 17 (2), where a leased vehicle has been registered, the lessee shall, for the purposes of this Act, be deemed to be the owner of the leased vehicle and shall incur the liabilities and obligations imposed under this Act or under any other enactment, as if he were the owner of the vehicle. (6) On the change of ownership of a motor vehicle or trailer by reason of the motor vehicle or trailer being lawfully seized under a hire purchase agreement— (a) (i) the owner or his appointed agent shall, within 15 days of the seizure, deliver the motor vehicle or trailer licence and the registration book to the usher who has effected the seizure of the vehicle; and [Issue 1] R (A3) – 6 Revised Laws of Mauritius (ii) the usher shall, within 15 days of the seizure, inform the Commissioner in writing of the change of ownership; (b) the person on whose behalf the seizure has been effected shall, within 15 days of receiving the motor vehicle or trailer licence and the registration book, register the vehicle in his name. (7) Where an application for registration is made after the period mentioned in subsection (6) (b), the person applying for the registration of the vehicle shall be liable to a surcharge of 50 per cent, or any percentage as may be prescribed, of the registration fee prescribed in the Third Schedule. (8) On the registration of a new owner, the Commissioner shall charge the registration fee specified in the Third Schedule and issue a new registration book to him.