MOTOR VEHICLES ACT 1959 - SECT 55A
MOTOR VEHICLES ACT 1959 - SECT 55A
55A—Suspension and cancellation of registration by Registrar
(1) Subject to this
section, the Registrar may suspend or cancel the registration of a
motor vehicle if—
(a)
the Registrar reasonably believes that—
(i)
any information disclosed in the application for
registration of the vehicle, or, if the registration has been transferred, in
the application for transfer of the registration, is or may be inaccurate,
incomplete or misleading; or
(ii)
any evidence provided by the applicant in response to a
requirement of the Registrar under this Act is or may be inaccurate,
incomplete or misleading; or
(b) the
vehicle—
(i)
does not comply with an Act or law that regulates the
design, construction or maintenance of such a vehicle; or
(ii)
would, if driven on a road, put the safety of persons
using the road at risk; or
(c) in
the case of a vehicle in relation to which notice is required to be given to
the Registrar under section 44—
(i)
notice is not given as required by that section; or
(ii)
a requirement of the Registrar under that section to
provide evidence to verify any information disclosed in a notice given under
that section is not complied with; or
(iii)
the Registrar reasonably believes that any information
disclosed in a notice given under that section is or may be inaccurate,
incomplete or misleading; or
(iv)
the Registrar reasonably believes that any evidence
provided in response to a requirement of the Registrar under that section is
or may be inaccurate, incomplete or misleading; or
(d)
the Registrar reasonably believes that information recorded in the register of
motor vehicles in relation to the vehicle is or may be inaccurate, incomplete
or misleading; or
(e) in
the case of a vehicle in relation to which the Registrar has, under
section 138, required evidence to be provided relevant to the
continuation of the registration of the vehicle—
(i)
evidence is not provided as required by that section; or
(ii)
the Registrar reasonably believes that any evidence
provided under that section is or may be inaccurate, incomplete or misleading;
or
(f) the
vehicle has been destroyed or damaged beyond repair; or
(g) the
vehicle was registered in error.
(2) The Registrar may,
after cancelling the registration of a motor vehicle under this section, at
the Registrar's discretion, refund such part of the amount paid in respect of
the registration of the vehicle as the Registrar thinks just.
(3) If the Registrar
decides to suspend the registration of a motor vehicle, the Registrar must
give the registered owner or the registered operator of the vehicle notice in
writing of—
(a) the
reasons for the suspension; and
(b) the
date on which the registration is to be suspended; and
(c) the
action required to be taken to avoid the suspension or have the suspension
removed.
(4) The Registrar must
not cancel the registration of a motor vehicle under this section unless
the Registrar—
(a) has
suspended the registration and believes that the reason for the suspension
still exists; and
(b) has
given notice in writing to the registered owner or the registered
operator—
(i)
advising that the Registrar has decided to cancel the
registration of the vehicle and giving the reasons for the decision; and
(ii)
specifying any action required to be taken to have the
suspension removed and to avoid the cancellation; and
(iii)
stating that, if that action is not taken within 14 days
after the date specified in the notice for that purpose, the cancellation will
then take effect; and
(iv)
advising of the right to apply for review of the
decision.
(5) The Registrar may
remove the suspension of the registration of a motor vehicle if the Registrar
thinks fit and must do so if satisfied that the action required to be taken to
have the suspension removed has in fact been taken.
(6) If the action
stated in a notice under subsection (4) is not taken within the period
specified in the notice, the registration of the motor vehicle is cancelled at
the end of the period.