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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.