MOTOR VEHICLE DEALERS ACT 1973 - SECT 15
MOTOR VEHICLE DEALERS ACT 1973 - SECT 15
15 . Vehicle dealer’s licence, application for and grant of
(1) Subject to this
Act, a person, not being a body corporate, who applies to the Commissioner in
the approved form for a vehicle dealer’s licence of a particular
category and pays to the Commissioner the prescribed fee therefor shall be
granted such a licence upon satisfying the Commissioner —
(a) that
he is of or over the age of 18 years; and
(b) that
he is a person of good character and repute and a fit and proper person to
hold such a licence; and
(c) that
he has —
(i)
sufficient resources; and
(ii)
sufficient knowledge of this Act.
(2) Subject to this
Act, 2 or more persons constituting a firm who apply to the Commissioner in
the approved form for a vehicle dealer’s licence of a particular
category and pay to the Commissioner the prescribed fee therefor shall be
granted such a licence upon satisfying the Commissioner —
(a) that
all of the natural persons (if any) by whom the firm is constituted and all of
the persons concerned in the management or conduct of any body corporate by
which the firm is constituted are persons of good character and repute and are
persons fit to be concerned in the management or control of the business of
buying or selling vehicles; and
(b) that
the persons constituting the firm have sufficient resources; and
(c) that
at least one of the natural persons referred to in paragraph (a) has
sufficient knowledge of this Act.
(2a) If there is a
corporate member of a firm to which a licence is granted under subsection (2),
the licence ceases to have effect if —
(a) a
change occurs in the person or persons concerned in the management or conduct
of the corporate member; and
(b) the
Commissioner refuses to approve of the change under section 23(3); and
(c) the
Commissioner does not approve of a further change under subsection (2b).
(2b) The licence
ceases to have effect 14 days after the dealer is notified of the refusal
under section 23(5), unless, within that period or such further time as the
Commissioner may by notice in writing allow, the change of which the
Commissioner has refused to approve has been altered or revoked, and the
Commissioner has approved of the change as so altered or revoked.
(3) Subject to this
Act, a body corporate which applies to the Commissioner in the approved form
for a vehicle dealer’s licence of a particular category and pays to the
Commissioner the prescribed fee therefor shall be granted such a licence upon
satisfying the Commissioner —
(a) that
all of the persons concerned in the management or conduct of the body
corporate are persons of good character and repute and are persons fit to be
concerned in the management or control of the business of buying or selling
vehicles; and
(b) that
it has sufficient resources; and
(c) that
at least one of the natural persons referred to in paragraph (a) has
sufficient knowledge of this Act.
(4) A licence granted
under subsection (3) ceases to have effect if —
(a) a
change occurs in the persons concerned in the management or conduct of the
body corporate that holds the licence; and
(b) the
Commissioner has refused to approve of the change under section 23(3); and
(c) the
Commissioner does not approve of a further change under subsection (5).
(5) The licence ceases
to have effect 14 days after the dealer is notified of the refusal under
section 23(5), unless, within that period or such further time as the
Commissioner may by notice in writing allow, the change of which the
Commissioner has refused to approve has been altered or revoked, and the
Commissioner has approved of the change as so altered or revoked.
(6) In this section
—
sufficient knowledge of this Act means a full
understanding of the duties and obligations imposed by this Act on dealers,
yard managers and salespersons, but only so far as those duties and
obligations are relevant to the category of licence applied for;
sufficient resources means sufficient material and
financial resources available to the person or persons to enable the
requirements of this Act to be complied with, but only so far as those
requirements are relevant to the category of licence applied for.
[Section 15 amended: No. 56 of 1995 s. 37; No. 4
of 2002 s. 6; No. 58 of 2010 s. 50; No. 7 of 2022 s. 36.]