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MOTOR VEHICLE DEALERS ACT 1973 - SECT 29

MOTOR VEHICLE DEALERS ACT 1973 - SECT 29

29 .         Unroadworthy vehicles, restrictions on sale of

        (1)         Except where he has reasonable grounds for believing that the vehicle is being acquired for the purpose of being broken up (the proof whereof shall lie upon him), a dealer shall not sell, and a yard manager or salesperson shall not assist in the sale of, a second-hand vehicle in respect of which an order is in force under section 28.

        (2)         A person shall not, by a representation that a second-hand vehicle is being acquired for the purpose of being broken up, induce another to sell the vehicle if the sale would, but for that representation, be prohibited by subsection (1) .

        (3)         A dealer selling a second-hand vehicle that he is led to believe is being acquired for the purpose of being broken up shall, before yielding up possession of it, remove from the vehicle any number plates attached to it and shall, forthwith, return them to the nearest licensing or registering authority, with the advice that the vehicle in respect of which they were issued is to be broken up.

        (4)         The provisions of subsection (3) apply, mutatis mutandis , to a dealer acquiring a second-hand vehicle, from a person who is not a dealer for the purpose of breaking it up.

        (5)         A dealer shall not break up a motor vehicle, or cause it to be broken up, unless and until it has been in his possession for 7 days.

        Penalty applicable to subsections (1), (2), (3) and (5): $5 000.

        [Section 29 amended: No. 49 of 1979 s. 11; No. 4 of 2002 s. 31(1), 42 and 69.]

        [Heading inserted: No. 73 of 2003 s. 18.]