Section 20N: Examination of vehicles

20N. Examination of vehicles (1) Where the Commissioner, or a police officer, has reason to believe that a motor vehicle or trailer— (a) is not in a fit and proper state of repair; (b) does not conform with this Act or regulations made under this Act relating to construction, equipment and vehicle emission; (c) may constitute a danger to road users or any person conveyed in it, he may require its owner to produce the vehicle for examination, by a vehicle examiner, at a specified time, date and place. (2) Where any owner of a motor vehicle or trailer fails to submit his vehicle for examination when so required under subsection (1), the Commissioner may— (a) prohibit the use of the vehicle; and R (A3) – 17 [Issue 1] Road Traffic (Amendment No. 2) Act 2006 (b) cause seals to be affixed to it until such time as its owner satisfies the Commissioner that he has taken steps to cause the vehicle to be produced for examination by a vehicle examiner at such time and place as the Commissioner may determine. (3) Where any person uses, causes or permits to be used a motor vehicle or trailer in breach of the prohibition referred to in subsection (2), he shall commit an offence. (4) (a) examining a motor vehicle or trailer sent to him under section 11 or subsection (1), a vehicle examiner— (i) shall supply to the owner of the motor vehicle or trailer a list of all defects that have to be remedied; (ii) shall notify the owner of the date on which the vehicle must be produced for re-examination; (iii) may, if he thinks necessary in the interests of public safety, forthwith prohibit the use of the motor vehicle or trailer until the defects have been remedied. (b) Where the defects have been remedied to his satisfaction, the vehicle examiner shall report the fact to the Commissioner who— (i) if the examination was made under section 11, may then register the motor vehicle or trailer; (ii) if the examination was made under subsection (1) may authorise the use of the motor vehicle or trailer; (5) (a) The owner of the vehicle shall pay the prescribed fee in respect of any— (i) examination of his vehicle which resulted in the issue by the vehicle examiner of a list of defects to be remedied; and (ii) subsequent examination of the vehicle for the purpose of verifying whether the defects have been remedied. (b) In the case of an examination, other than one for the purpose of ensuring that the defects have been remedied, no fee shall be payable if the vehicle produced for examination under subsection (1) is found to be without defect and to conform with this Act relating to construction, equipment and vehicle emission. [Issue 1] R (A3) – 18 Revised Laws of Mauritius (6) (a) Where the owner of a motor vehicle or trailer is aggrieved by a decision of a vehicle examiner, he may, within 15 days of the communication of the decision to him, appeal to the Commissioner. (b) The Commissioner may, on appeal, vary or cancel the requirements of the vehicle examiner or order them to be enforced. (7) A person who— (a) obstructs the Commissioner, a vehicle examiner or a police officer acting under this section; (b) fails to comply with any requirement under section 11 or subsection (1); (c) uses a motor vehicle or trailer after a vehicle examiner has prohibited its use under subsection (4) (a), shall commit an offence.