MOTOR TRAFFIC ACT

Arrangement of Sections

1. Short title.

PART I

REGISTRATION, POSSESSION AND USE OF MOTOR VEHICLES.

2. Motor vehicles not to be possessed or used without registration.

2A. Motor vehicle fabricated unlawfully not to be used.

3. Motor vehicles not to be registered unless they comply with certain requirements.

4. Prohibition of registration of motor coaches and owners thereof except in certain cases.

5. Description of motor vehicles upon registration.

6. Register of motor vehicles.

7. Application for registration.

8. Registration fee.

9. Distinctive number and certificate of registration.

10. Information to Commissioner.

11. Amendments in register.

11A. Transfer to be on specified forms.

12. Procedure on change of possession of motor vehicles.

13. Application for registration of new owner.

14. Registration of new owner.

14A. Power to change the distinctive number of a motor vehicle in certain circumstances.

15. Provision for absence of registered owner from Sri Lanka.

16. Registered owner to be deemed to be owner.

17. Evidence.

18. Cancellation of registration of a motor vehicle.

18A. Use of a motor vehicle pending registration for the first time.

18B. Penalty for fraudulently using or mutilating etc. of certificate of registration.

PART II

CONSTRUCTION AND EQUIPMENT OF MOTOR VEHICLES

19. Regulations as to construction of motor vehicles.

19A. No person to fabricate, manufacture motor vehicle except with permission of Commissioner-General.

19B. Prohibition on assembly of motor vehicles except with branded new parts.

19C. Prohibition on importation of certain vehicles.

20. Regulations as to mascots.

21. Identification.

22. Shape of identification plates.

23. Identification plates.

24. Possession of identification plates.

24A. Penalty for contravention of sections 21, 22, 23 and 24.

PART III

REVENUE LICENCES

25. Motor vehicles not to be repossessed or used without revenue license.

26. Classes or descriptions of revenue licences.

27. Production of certificate of registration and certificate of insurance security.

28. Licences for omnibuses and private coaches to be issued only to holders of operational permits.

29. Revenue licences for motor vehicles.

30. Application for revenue licence.

30A. Minister may by notification alter date before which applications for revenue licences shall be made.

31. Licence fee.

32. Form and duration of revenue licenses.

33. Limitation of duration of certain licences.

34. Power to insert conditions in revenue licence.

35. Maximum number of persons and passengers to be specified in revenue licences for private coaches.

36. Maximum load to be specified on revenue licences for lorries and motor tricycle vans.

37. Notice of period of non-user.

38. Revenue licence to be carried on motor vehicles and produced when required.

39. Circumstances in which revenue licence become void.

40. Surrender, cancellation and alteration of revenue licence.

41. Refund of licence fee.

42. Dealer's certificate and licence.

43. Use of motor vehicle under dealer's licence.

44. Visitor's temporary licence.

45. Restrictions on use of motor vehicle in contravention of revenue licence.

PART IV

PASSENGER CARRIAGE PERMITS

OMNIBUS SERVICES

46. Repealed.

47. Repealed.

48. Repealed.

49. Repealed.

50. Repealed.

51. Repealed.

52. Repealed.

53. Repealed.

54. Repealed.

55. Repealed.

56. Repealed.

57. Repealed.

58. Repealed.

59. Repealed.

60. Repealed.

60A. Repealed

61. Repealed.

62. Repealed.

63. Repealed.

64. Repealed.

65. Repealed.

66. Repealed.

67. Repealed.

68. Repealed.

69. Repealed.

70. Repealed.

71. Repealed.

72. Repealed.

HIRING CAR SERVICES

73. Repealed.

73A. Repealed.

PRIVATE COACH PERMITS

74. Permits required for private coaches.

75. Authorised carriage under private coach permit.

76. Specification of private coach in permit.

77. Eligibility for private coach permits.

78. Regulations as to private coach permits.

PART V

GOODS CARRIAGE PERMIT

79. Repealed.

80. Repealed.

81. Repealed.

82. Repealed.

83. Repealed.

84. Repealed.

85. Repealed.

86. Repealed.

87. Repealed.

88. Repealed.

89. Repealed.

90. Repealed.

91. Repealed.

92. Repealed.

93. Repealed.

94. Repealed.

95. Repealed.

96. Repealed.

97. Repealed.

98. Repealed.

PART VI

INSURANCE AGAINST THIRD-PARTY RISKS

99. Users of motor vehicles to be insured or secured against or third-party risks.

100. Requirements as to policies of insurance.

101. Requirements as to securities.

102. Certain conditions in policies or securities to be of no effect.

103. Production of certificate of insurance or certificate of security on application for revenue licence.

104. Requirements as to production of certificate of insurance or of security.

105. Duty of insurers to satisfy decree against persons insured in respect of third-party risks.

106. Liability of insurer in respect of any decree.

107. Non-liability of insurer where policy is cancelled before event.

108. Declaration of non-liability for misreport sensation.

109. Declaration of non-liability for breach of condition.

110. Recovery of excess amount pay by insurer.

111. Further rights of third parties and effect of death on certain causes of action.

112. Rights of third Parties against insurers on insolvency of the insured.

112A. Transfer of Certificate of Insurance.

113. Duty to give information as to insurance.

114. Settlement between insurers and insured persons.

115. Insolvency of insured person not to affect claims by third parties.

116. Application of sections 112, 113 and 114.

117. Duty to surrender certificate on cancellation of policy.

118. Duty of insurer to notify Commissioner or cancellation or suspension or suspension of the policy.

119. Application of this part to securities.

120. Application of deposits.

121. Regulations for the purposes of this Part.

PART VII

DRIVING LICENCES

122. Classification of driving licenses for motor vehicles.

122A. Classes of driving licenses.

123. Prohibition of driving without driving licenses.

124. Application for a Learners Permit and Regular Driving Licenses.

124A. Driving Licenses Fund.

124B. Motor Traffic Appeals Board.

124C. Medical Committee.

124D. Appeals to Medical Committee.

125. Issue of driving licenses.

126. Duration of driving license.

126A. Replacement of driving licenses.

126B. Renewal of driving licenses.

127. Refusal to issue driving communicated to applicant.

128. Validity of driving licenses.

128A. Emergency service vehicles and public service vehicles.

128B. Special purpose vehicles.

129. Special provisions affecting licenses to drive motor coaches, lorries and motor tricycle vans.

130. Licenses to drive specified vehicle of a specified weight or description.

131. Power to issue driving licenses without driving test to holder of driving licenses issued outside Sri Lanka.

132. Temporary driving licences.

132A. International Driving Permit.

132B. Recognition of international driving permit or certificate in Sri Lanka.

133. Cancellation of driving license in physical or mental disability.

133A. Demerit points.

134. Cancellation of driving licences.

135. Driving licence to be carried by driver and produced required.

136. Suspension or cancellation of driving licences and order disqualifying persons for obtaining licences.

137. Consequences of orders of suspension or cancellation.

138. Fraudulent application for driving licence.

138A. Commissioner General to be notified of change of residence.

139. Appeals from orders of suspension, cancellation or disqualification.

PART VIIA

139A. Licencing of driving schools and instructors.

139B. Application for instructor's licence.

139BB. Instructor's Licence and assistant instructor's licence.

139C. Duration of instructor's licence.

139D. Refusal to issue or renew instructor's licence to be communicated to applicant or holder.

139E. Cancellation or suspension of instructor's licence.

139F. Licensing of driving schools.

139G. Application for driving school licence.

139H. Duration of driving school licence.

139J. Refusal to issue or renew driving school licence to be communicated to applicant or holder.

139K. Cancellation of driving school licence.

139L. Appeal against refusal to issue or renew any licence under this Part.

139M. Regulations for the purposes of this Part.

139N. Interpretation.

139P. Transitional provisions.

PART VIII

USE OF MOTOR VEHICLES ON HIGHWAYS

(A) SPEED LIMITS AND RESTRICTION OF MOTOR TRAFFIC ON HIGHWAYS

140. Speed limits.

141. Regulations as to speed limits different from those set out in section 140.

142. Exemption from and relaxation of speed limits.

143. Regulations for restriction of motor traffic.

144. Restriction of motor traffic on highways outside Colombo.

145. Condition of motor vehicles.

146. Regulations as to lights on motor vehicle.

(B) PROVISIONS AS TO DRIVING AND HALTING OF MOTOR VEHICLES

147. Motor vehicles to be driven in accordance with section 148.

148. Rules of the road.

149. General duty of driver to accidents.

150. Declaration of main roads.

151. Driving after the consumption of alcohol or drugs and reckless or negligent driving.

152. Position of driver when driving motor vehicles.

153. Signals by drivers.

154. Reversing of motor vehicles.

155. Sound or light warnings.

155A. Emission in certain instances to be an offence.

156. Riding on running boards of motor vehicles.

156A. Riding in omnibuses.

157. Number of persons in front seats of motor cars.

157A. Use of seat belts.

158. Pillion riding.

159. Distribution of advertisements.

160. Noise.

160A. Warning signs to be displayed whenever road repair are being done.

161. Duty in case of accident.

162. Traffic directions and police officer to be obeyed.

163. Motor vehicles to be stopped on request of officers in command of troops.

164. Traffic signs and notices of police officer, local authority and the Department of Highways or a Department of a Director of Works.

165. Precautions to be taken when petrol is taken into tank.

166. Halting or parking of motor vehicles on highway.

167. Precautions to be taken when motor vehicle is halted or left unattended or disabled on a highway.

168. Regulations for the guidance of under of roads.

169. Hours of work.

170. Public stands for motor tricycle vans, omnibuses and lorries.

171. Repealed.

172. Repealed.

173. Prohibition against charging of excess fares for omnibuses.

174. Recovery of excess fares.

175. Recovery of fares.

176. Property left omnibuses.

177. Repealed.

178. Carriage of persons in excess of authorised number in private coaches and of goods the than personal luggage in motor cars or private coaches.

179. Carriage of persons or passengers in excess of authorised number, and of goods other than personal luggage In omnibuses.

180. Persons not to enter omnibus or private coach when full.

181. Touting for passengers.

182. Register to be kept by owners of omnibuses.

183. Record sheet to be carried on each omnibus.

184. Repealed.

185. Provision where a conductor is carried on omnibus.

186. Repealed.

187. Repealed.

188. Carriage on lorry or motor tricycle van of goods in excess of maximum load.

189. Persons who may be carried on a lorry.

189A. Distinctive number of trailer.

190. Regulations as to motor vehicles.

(C) ROAD RACING AND TESTS

191. Orders enabling holding of races and tests.

(D) DERELICT MOTOR VEHICLES

192. Ordered motor vehicles.

PART IX

EXAMINATION, INSPECTION AND TESTING OF MOTOR VEHICLES

193. Power to inspect and test motor vehicles.

194. Power of Commissioner to inspection and examination of motor vehicles.

195. Approved gorges, approved inspection and testing centers and certifying officers.

196. Issue of Emission Certificate and Certificate of Fitness.

196A. Yearly examination and certification in respect of vehicles of the Sri Lanka Central Transport Board or any Regional Transport Board.

196B. Effect of issue of a fraudulent Emission Certificate and Certificate of fitness.

197. Examination of motor tricycle vans, motor coaches and lorries and prohibition of use thereof.

198. Inspection of lorries and motor tricycle vans and prohibition of use.

199. Repealed

200. Production of document carried in lorries or motor tricycle vans.

201. Repealed

202. Regulations.

203. Service of notices.

PART X

ADMINISTRATION AND PROCEDURE

204. Appointment of officers and servants.

205. General functions and Commissioner.

206. Repealed.

207. Repealed.

208. Repealed.

209. Repealed.

210. Repealed.

211. Repealed.

212. Repealed.

213. Motor Traffic Advisory Council.

213A. National Council for Road Safety.

213AA. Motor Traffic Appeals Tribunal.

213B. Road Safety.

213C. One Half of the fines to be credited to the Police Reward Fund.

213D. Motor Traffic Reward and Incentive Fund.

213E. Surcharge for modification and alteration of vehicles.

PART XI

OFFENCES PENALTIES AND PROCEEDINGS IN COURT

214. Contravention of Act, regulation, order.

215. Attempt and abetment.

215A. On the spot fines.

215B. Penalty for contravention of subsection (4) of section 137 of the principal enactment.

216. Penalty for driving after consumption of alcohol or drugs.

216A. Penalty for driving certain motor vehicles after the consumption of alcohol or drugs.

216B. Penalty for causing death or injury to persons by driving motor vehicles after consumption of alcohol or drugs.

217. Penalty for driving recklessly or dangerously.

218. Penalty for driving without certificate of insurance or certificate of fitness or emission certificate.

219. Penalty for giving false information.

220. Penalty for imitation of revenue licences.

221. Penalty for contravention of Part III.

222. Offence by body corporate or partnership.

223. Penalty for causing disappearance of evidence or giving false information relating to an offence.

224. General Penalty.

224A. Procedure to be followed by court in respect of certain offences.

224B. Suspension of driving licenses by operation of law.

225. Power of court to order recovery of licence fee.

226. Motor vehicle to be deemed to be property of registered owner for purposes of section 60 of the Code of Criminal Procedure Act, No. 15 of 1979.

PART XII

SUPPLEMENTARY

227. Fees.

227A. Levy of penalty often per centum for failure to pay licence fees on due date.

228. Power to declare urban areas.

229. Repealed.

230. Verification of facts in application.

231. Issue of duplicates.

232. Duty of owner to give information as to driver and occupants of motor vehicle.

232A. Duty of driver to give information as to his name and address.

232B. Seizure and forfeiture of vehicles.

232C. Reduction of disqualification period.

232D. Protection of action.

232E. Detention of drivers.

232F. Detention of vehicles.

233. Duty of owners to obtain information as to drivers and conductors.

234. Recovery of damages for injury to highway bridge.

235. Power of Commissioner to decide questions as to classification of motor vehicles.

236. Certificate of examination to be admissible evidence.

237. Procedure for making regulations.

238. Application of Act to persons and motor vehicles of the Government of Sri Lanka.

239. Protection of public interests.

239A. Provisions relating to stage carriage permits not to apply to omnibuses or hiring cars used for the purpose of providing regular or occasional omnibus services or hiring car services by the Regional Transport Boards.

239B. Prohibition of grant of stage carriage permits for regular omnibus services.

239C. Removal of difficulties.

239D. Offences to be cognizable.

239E. Offences tribal by Magistrate's Court.

PART XIII

INTERPRETATION

240. Interpretation.

PART XIV

TRANSITIONAL PROVISIONS

241. Transitional provisions.

SCHEDULES

22 of 1973,

7 of 1974,

12 of 1975,

19 of 1978,

14 of 1951,

1 of 1952,

29 of 1953,

22 of 1955,

1 of 1956,

7 of 1957,

48 of 1957,

43 of 1958,

63 of 1961,

35 of 1962,

2 of 1963,

39 of 1964,

3 of 1966,

20 of 1968,

47 of 1968,

38 of 1971,

31 of 1979,

21 of 1981,

47 of 1983,

40 of 1984,

8 of 1990,

37 of 1991,

44 of 1992,

5 of 1998,

12 of 2005,

8 of 2009.

AN ACT to amend and consolidate the law relating to motor vehicles and their use on highways, to regulate the provision of passenger carriage services and the carriage of goods by motor vehicles, and to provide for the regulation of traffic on highways and for other matters connected with or incidental to the matters aforesaid.

[Date of Commencement: 1st September, 1951]

1. Short title.

This Act may be cited as the Motor Traffic Act.

PART I

REGISTRATION, POSSESSION AND USE OF MOTOR VEHICLES.

2. Motor vehicles not to be possessed or used without registration.

(1) No person shall possess or use a motor vehicle unless that vehicle is registered, and the person for the time being entitled to the possession of the vehicle is registered as the owner thereof, in accordance with the provisions of this Part.

(2) The possession by a dealer or a manufacturer of an unregistered motor vehicle for the purposes of sale shall be deemed not to be a contravention of subsection (1) so long as the vehicle remains unsold and is not used on any road except under the authority of a dealer's licence or manufacturer's licence as the case may be, issued under Part III and is identified by a distinctive number assigned for that purpose by the Commissioner-General.

[S 2(2) subs by s 4 of Act 8 of 2009.]

(2A) .

[S 2(2A) rep by s 4 of Act 8 of 2009.]

(3) The possession or use of a motor vehicle by a person for the time being entitled to the possession thereof shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is lawfully used under the authority of a dealer's licenses issued under Part III and is identified by a distinctive number assigned for the purpose.

(4) The possession of a motor vehicle by a person (not being a manufacturer or a dealer) by whom the vehicle was imported into sri Lanka shall be deemed not to be a contravention of subsection (1), if, but only if, that person has made application for the registration of that vehicle and while the application is pending, its use is authorised by the Commissioner-General under section 18A.

[S 2(4) subs by s 3 of Act 21 of 1981; am by s 2 of Act 8 of 2009.]

(5) The use of a motor vehicle which upon importation into Sri Lanka is used on a road only for the purpose of and in the course of removal from the Customs premises or for the purpose of installing any equipment or which is being driven to or from any place specified by the Commissioner-General for the purpose of testing or registration, shall be deemed not to be a contravention of subsection (1), provided it is used under the authority of a dealer's licence or temporary permit issued for the purposes of this subsection by the Commissioner-General valid for a period of seven days.

[S 2(5) subs by s 4 of Act 8 of 2009.]

(6) .

[S 2(6) rep by s 4 of Act 8 of 2009.]

(7) The use of a motor vehicle under the authority of a visitor's temporary licence issued under Part III shall be deemed not to be a contravention of subsection (1).

(8) .

[S 2(8) rep by sch of Act 37 of 1991.]

(9) The possession of a motor vehicle under the provisions of the proviso to section 12(2) shall be deemed not to be a contravention of subsection (1) of this section so long as the vehicle remains under the contract of rental or hiring;

[S 2(9) ins by s 2 of Act 21 of 1981.]

(10) A person who contravenes the provisions of subsections (1) or (5) of this section shall be guilty of an offence and shall on conviction be liable to a fine not less than two thousand five hundred rupees and not exceeding five thousand rupees and on a second conviction to a fine not less than five thousand rupees and not exceeding ten thousand rupees and on a third or subsequent conviction to a fine not less than ten thousand rupees and not exceeding fifteen thousand rupees.

[S 2(10) ins by s 4 of Act 8 of 2009.]

2A. Motor vehicle fabricated unlawfully not to be used.

(1) No person shall knowingly use a motor vehicle—

(a) that has been manufactured, assembled, fabricated, innovated, adapted, modified, or the construction of which has been changed illegally or otherwise than in conformity with the prototype approved by the Commissioner-General;

(b) that has been assembled otherwise than with branded new parts or without the permission of the manufacturer of those parts;

(c) that is mechanically defective;

(d) that fails to comply with prescribed standards of safety;

(e) that is stolen;

(f) that has a false identity;

(g) the chassis number of which has been tampered with; or

(h) which has been manufactured, assembled, fabricated, adapted, modified, or the construction of which has been changed in any manner, without the prior written approval of the Commissioner-General.

(2) A person who contravenes the provisions of section 2A shall be guilty of an offence and shall on conviction be liable to a fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees or to imprisonment of either description for a term of one month or to both such fine and imprisonment and on a second conviction to a fine not less than one hundred thousand rupees and not exceeding two hundred thousand rupees or to imprisonment for a term of two months or to both such fine and imprisonment and on a third or subsequent conviction to a fine not less than two hundred thousand rupees and not exceeding three hundred thousand rupees or to imprisonment for a term of six months or to both such fine and imprisonment and confiscation of the vehicle.

[S 2A ins by s 5 of Act 8 of 2009.]

3. Motor vehicles not to be registered unless they comply with certain requirements.

(1) No motor vehicle shall be registered unless that vehicle conforms to the provisions of this Act and regulations made hereunder in regard to the construction, weight, dimensions and equipment of motor vehicles of the class or description to which that vehicle belongs.

[S 3(1) subs by s 6 of Act 8 of 2009.]

(2) No motor vehicle shall be registered as a motor car if the tare of that vehicle exceeds four thousand five hundred kilogram.

[S 3(2) subs by s 4 of Act 21 of 1981; am by s 6 of Act 8 of 2009.]

1(3) The Commissioner-General shall not register any motor vehicle—

(a) if he has reason to believe—

(i) that it has been manufactured, assembled, fabricated, innovated, adapted, modified, or its construction changed, illegally or otherwise than in conformity with the prototype approved by the Commissioner-General;

(ii) that it has been assembled otherwise than with branded new parts or without the permission of the manufacturer of those parts;

(iii) that it is mechanically defective;

(iv) that it fails to comply with prescribed standards of safety;

(v) that it is stolen;

(vi) that the identity of the vehicle is false or in doubt;

(vii) that the chassis number has been tampered with;

(viii) that the applicant for registration of the vehicle has failed to furnish particulars of a previous registration, if any;

(ix) that the applicant has furnished inaccurate particulars in the application for registration of the vehicle; or

(x) that the vehicle has been imported with forged documents or that the application for registration contains a forged signature or is accompanied by forged documents;

(b) where the motor vehicle comprises features which—

(i) are not in accordance with the particulars contained in the application;

(ii) are not in his opinion roadworthy or are by reason of its design, construction or any condition thereof or any equipment thereof are not in compliance with the provisions of this Act;

(iii) require the prior written approval of the Commissioner-General for the import thereof and has been imported without obtaining such approval;

(iv) have been manufactured, assembled, fabricated, adapted, modified or the construction of which has been changed in any manner, without the prior written approval of the Commissioner-General.

[S 3(3) ins by s 6 of Act 8 of 2009.]

(4) The decision of the Commissioner-General not to register a motor vehicle by reason of his findings under paragraphs (a) or (b) shall be final.

[S 3(4) ins by s 6 of Act 8 of 2009.]

(5) No person under the age of eighteen years shall be registered as the owner of a motor vehicle:

Provided however, that a person under the age of eighteen years may be registered as the beneficial owner of a motor vehicle in which event the parent or guardian of such person shall be registered as the owner thereof.

[S 3(5) ins by s 6 of Act 8 of 2009.]

(6) Any person who submits an application for registration, which contains a forged signature or is accompanied by forged documents shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees and not exceeding fifteen thousand rupees.

[S 3(6) ins by s 6 of Act 8 of 2009.]

4. Prohibition of registration of motor coaches and owners thereof except in certain cases.

(1) No motor coach shall be registered unless the person for the time being entitled to the possession of that motor coach is—

(a) the holder of a passenger service permit granted under the National Transport Commission Act, No. 37 of 1991 or other written law;

[S 4(1)(a) am by s 7 of Act 8 of 2009.]

(b) .

[S 4(1)(b) rep by sch of Act 37 of 1991.]

(c) the holder of a private coach permit for that motor coach.

(2) No person shall be registered as the owner of a motor coach unless that person is the Sri Lanka Central Transport Board or a Regional Transport Board, established under the Transport Board Law, No. 19 of 1978, or the holder of—

(a) a certificate of eligibility (granted under Part IV) for stage carriage permits for occasional omnibus services; or

(b) a private coach permit for that motor coach.

(3) Notwithstanding the provisions of sub section (2) the Commissioner may register as the owner of a motor coach a person who intends to let out that motor coach to a person who is eligible to be registered under subsection (2).

[S 4 subs by s 5 of Act 21 of 1981.]

5. Description of motor vehicles upon registration.

(1) A motor coach which is to be registered under this Part—

(a) shall, if it is stated by the applicant for registration to be intended for use for the carriage of persons otherwise than for fee or reward, be registered as a private coach;

(b) shall, if it is stated by the applicant for registration to be intended for the carriage of persons for fee or reward, be registered as an omnibus.

(2) A motor vehicle which is to be registered under this Part and—

(a) which is a motor cycle, light motor cycle, motor car, dual purpose vehicle, motor tricycle, motor tricycle van, motor lorry, light motor lorry, heavy motor lorry, motor coach, light motor coach, heavy motor coach, land vehicle, hand tractor, special purpose vehicle, motor ambulance, motor hearse or invalid carriage as the case may be shall be registered as such.

[S 5(2)(a) subs by s 8 of Act 8 of 2009.]

(b) which does not fall into any category specified in paragraph (a) shall be registered as a motor vehicle of such description as may be prescribed.

[S 5 subs by s 6 of Act 21 of 1981.]

6. Register of motor vehicles.

(a) The Commissioner shall keep a register of all motor vehicles registered under this Act and shall enter or cause to be entered therein, in the prescribed form particulars relating to each such vehicle.

(b) Regulations may be made requiring the Commissioner to keep separate registers of different classes of motor vehicles or of motor vehicles intended to be usually kept or used in different areas.

7. Application for registration.

(1) Every application for the registration of a motor vehicle shall be made to the Commissioner substantially in the prescribed form, shall be signed by the person for the time being entitled to the possession of the motor vehicle, and shall set out all particulars relating to that motor vehicle in respect of such of the matters specified in that form as may be applicable to that motor vehicle.

(2) Every applicant for the registration of a motor vehicle, other than a motor cycle, shall, if required to do so by the Commissioner, furnish proof of the weight of the motor vehicle to the satisfaction of the Commissioner.

(3) Notwithstanding anything in subsection (1) to the contrary, any dealer in motor vehicles, who is authorised in writing for the purpose by a person who is absent from Sri Lanka, may make application on behalf of that person for the registration of a motor vehicle, and in any such case the application shall for the purposes of this section and of section 9(1) be deemed to have been signed and made by that person.

(4) The application for the registration of a motor vehicle which is let under a hire purchase or leasing agreement shall be forwarded to the Commissioner by the person who so let that vehicle. Every such application shall be accompanied by a statement in the prescribed form, and by the prescribed fee for the entry in the register, as required by subsection (5) of section 9 of the name of that person as the absolute owner thereof.

[S 7(4) am by s 2 of Act 8 of 1990.]

8. Registration fee.

(See also section 2 of the Sri Tax Law.) No motor vehicle shall be registered except upon payment of the prescribed fee.

9. Distinctive number and certificate of registration.

(1) Upon the registration of a motor vehicle* the Commissioner shall—

(a) assign to the motor vehicle a number or a combination of one or more letters and one or more numbers or assign a number under a special series of numbers (in this Act referred to as a "distinctive number”); and

(b) register the person by whom the application for registration was made, as the owner of the vehicle; and

(c) enter in the register any conditions he deems necessary to ensure that the requirements of any provision of this Act or any other law are complied with; and

(d) issue to that person a certificate of registration in the prescribed form.

[S 9(1) subs by s 6 of Act 21 of 1981.]

(2) Where the ownership of a motor vehicle (other than a motor vehicle which is let under a hire-purchase agreement) is claimed by two or more persons, the Commissioner shall register as the owner of the vehicle—

(a) such one of those persons as may be nominated by them for the purpose of such registration; or

(b) in the event of any dispute between those persons, such one of them as may be selected for the purpose by the Commissioner after such inquiry as he may deem necessary:

Provided that nothing in the preceding provisions of this subsection shall be deemed or construed to authorise the Commissioner to register a person as owner of a motor coach in contravention of the provisions of section 4.

(3) In any case referred to in subsection (2), the Commissioner may also enter in the register the names of the other claimants to the ownership of the vehicle, but no such entry of the name of any claimant shall be deemed to affect any liability which the person registered as the owner may incur under any of the provisions of this Act or to vest in such claimant any of the rights or powers conferred by this Act upon the registered owner of a motor vehicle.

(4) The decision of the Commissioner under paragraph (b) of subsection (2) shall be final and conclusive for the purposes of this Act; but shall not be deemed to prejudice or to affect in any way the right of the other claimants to the ownership of the vehicle to cause their claim to be determined by an action at law, and the final determination in any such action shall be binding upon the Commissioner.

(5) At the time of the registration of a motor vehicle which is let under a hire purchase or leasing agreement, the Commissioner shall also enter in the register the name of the person who so let the vehicle as the absolute owner thereof, but no such entry of the name of any person as absolute owner shall be deemed—

[S 9(5) am by s 3 of Act 21 of 1981.]

(a) to affect any liability which the person registered as the owner may incur under any of the provisions of this Act; or

(b) to vest in the person whose name is so entered as absolute owner any of the rights or powers conferred by this Act upon the registered owner of a vehicle; or

(c) to prejudice or to affect in any way the right of any other person who claims to be the owner of the vehicle to cause his claim to be determined by an action at law and thereupon to require alteration of the register in accordance with the final determination in such action.

(6) The entry required by subsection (5) shall be made in the space provided in the register for the entry of the names of the other claimants, if any, to the ownership of a motor vehicle.

(7) Within a period of fourteen days after the due settlement of liabilities of a hire-purchase agreement in respect of a motor vehicle, the person who so let that vehicle shall forward to the Commissioner a written application for the deletion from the entry in the register relating to that vehicle of the same of the absolute owner thereof entered under subsection (5). Such application shall be accompanied by the prescribed fee for such deletion.

[S 9(7) subs by s 6 of Act 21 of 1981.]

10. Information to Commissioner.

(1) The registered owner of a motor vehicle shall, whenever required by the Commissioner—

(a) forthwith furnish to the Commissioner all such information as the Commissioner may require, or proof of the weight of the motor vehicle, for the purpose of verifying the entries relating to that motor vehicle in the register; and

(b) forthwith forward to the Commissioner the certificate of registration relating to that motor vehicle.

(2) The registered owner of a motor vehicle shall—

(a) forthwith inform the Commissioner General in the specified form, of any circumstance or event which affects the accuracy of any entry in the registers relating to the motor vehicle and shall at the same time forward or deliver to the Commissioner-General the Certificate of Registration of such motor vehicle accompanied by the prescribed fee; and

(b) where he intends to effect such alteration in a motor vehicle as will change the class, overall measurements, external appearance , wheel base or seating capacity as specified in the Certificate of Registration, obtain the prior approval of the Commissioner-General to effect such changes.

[S 10(2) subs by s 9 of Act 8 of 2009.]

(3) The registered owner of a motor vehicle shall forthwith inform the Commissioner-General in the specified form of any circumstance or event which affects the accuracy of any entry in the registers relating to himself and shall at the same time forward or deliver to the Commissioner-General the Certificate of Registration of the motor vehicle accompanied by the prescribed fee.

[S 10(3) ins by s 9 of Act 8 of 2009.]

(4) The registered owner of a motor vehicle who contravenes or fails to comply with any of the provisions of the preceding subsections shall be guilty of an offence and shall, on conviction be liable to a fine not less than ten thousand rupees and not exceeding twenty thousand rupees.

[S 10(4) ins by s 9 of Act 8 of 2009.]

11. Amendments in register.

After a motor vehicle has been inspected, weighed or measured under section 194, or upon the receipt of any information or proof furnished in respect of a motor vehicle under section 10, the Commissioner may make such amendments in the register and in the certificate of registration relating to that motor vehicle as to him may seem necessary, and shall return the certificate to the registered owner; and where any amendments are to be so made, the provisions of section 5 shall apply as though the registered owner were the applicant for registration.

11A. Transfer to be on specified forms.

Where the registered owner of a motor vehicle wishes to transfer such vehicle he shall do so substantially in the prescribed Forms, A, A1, B, B1, C and C1.

[S 11A ins by s 10 of Act 8 of 2009.]

12. Procedure on change of possession of motor vehicles.

(1) On any change of possession of a motor vehicle consequent on the death of the registered owner—

(a) the person having the custody of the motor vehicle shall, within fourteen days of its coming into his custody, give notice of the fact to the Commissioner in the prescribed form;

(b) the Commissioner shall, upon receipt of such notice, issue any written directions that he may think necessary as to the use of the motor vehicle pending the registration of the person entitled to be registered as the new owner; and

(c) any person, to whom permission to use the motor vehicle pending such registration is given by the Commissioner by directions issued under paragraph (b), shall for the purposes of this Act be deemed to be the registered owner during the period for which such permission is given.

(2) On the change of possession of a motor vehicle upon a voluntary transfer made by the registered owner—

(a) the registered owner shall, within fourteen days after such change of possession—

(i) transmit direct to the Commissioner General either by registered post or personal delivery, the duly perfected prescribed Form A; and

(ii) shall deliver to the new owner the duly perfected prescribed Forms B, B1, C and C1, the Certificate of Registration relating to the motor vehicle or a duplicate thereof, and the revenue licence of that motor vehicle, and shall retain the duly perfected prescribed Form A1 as proof of change of possession;

(b) such motor vehicle shall not be used at any time after fourteen days of such change of possession unless the new owner has applied for registration as the new owner thereof:

Provided that this subsection shall not apply in any case where the change of possession of a motor vehicle is consequent on a contract of hiring where the period of hiring does not exceed three months.

[S 12(2) subs by s 11 of Act 8 of 2009.]

(3) —

(a) A registered owner who fails to inform the Commissioner-General of the change of possession within fourteen days shall be guilty of an offence and shall on conviction be liable to a fine not less than three thousand rupees and not exceeding six thousand rupees.

(b) The new owner of a motor vehicle who fails to apply within fourteen days after change of possession to be registered as the new owner shall be guilty of an offence and shall on conviction be liable to a fine not less than one hundred rupees for each day after the fourteenth day up to the forty fourth day of such failure.

(c) The new owner of a motor vehicle who fails to apply within forty four days after change of possession to be registered as the new owner shall be guilty of an offence and shall on conviction be liable to a fine not less than five thousand rupees and not exceeding ten thousand rupees.

(d) A registered owner or a new owner who submits any document which is forged or which contains a forged signature shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees, and not exceeding fifteen thousand rupees.

(e) A police officer may detain a motor vehicle, the possession of which has changed and which is in use on a road for such period as may reasonably be necessary for the purpose of verification of ownership and shall release it to the new owner—

(i) on confirmation by the Commissioner-General that such vehicle has been registered in the name of the new owner thereof; and

(ii) on production of the Certificate of Registration thereof.

[S 12(3) subs by s 11 of Act 8 of 2009.]

(4) On any change of possession of a motor vehicle otherwise than on the death of the registered owner or a voluntary transfer made by him—

(a) the registered owner of the vehicle shall, within fourteen days after the change of possession, deliver the revenue licenses and the certificate of registration relating to the vehicle to the person into whose possession the vehicle has passed, and shall inform the Commissioner in writing of the change of possession;

[S 12(4)(a) am by s 11 of Act 8 of 2009.]

(b) where the revenue licence and the certificate of registration are so delivered, the person into whose possession the vehicle has passed shall, within sixteen days after the change of possession, forward to the Commissioner the revenue licence and the certificate of registration relating to the vehicle, and shall apply to the Commissioner to be registered as the owner in place of the person registered as such;

[S 12(4)(b) am by s 11 of Act 8 of 2009.]

(c) where the Commissioner is satisfied that the revenue licence or the certificate of registration relating to the vehicle has not been delivered under paragraph (a) to the person into whose possession the vehicle has passed, and that such person is entitled to the possession of the vehicle, the Commissioner may, upon application made by such person and on payment of the prescribed fee, issue to such person a duplicate of the certificate or direct the licensing authority to issue to him a duplicate of the revenue licence;

(d) the person into whose possession the vehicle has passed shall, upon application made as hereinafter provided and upon production to the Commissioner of the certificate of registration or a duplicate thereof and of the revenue licence or a duplicate thereof, be entitled, unless his registration as owner thereof is prohibited by section 4(2), to be registered as the owner of the motor vehicle in place of the person registered as such; and

(e) the provisions of subsection (2)(b) shall apply to that motor vehicle in like manner as they would apply, if there was a change of possession of that vehicle consequent upon a voluntary transfer made by the registered owner.

[S 12(4)(e) subs by s 11 of Act 8 of 2009.]

13. Application for registration of new owner.

(1) Every application for the registration of a new owner upon any change of possession of any motor vehicle shall—

(a) be made to the Commissioner General substantially in the prescribed Forms B and C;

(b) shall set out all particulars relating to that motor vehicle in respect of such of the matters specified in that form as may be applicable to that motor vehicle.

[S 13(1) subs by s 12 of Act 8 of 2009.]

(2) —

(a) The new owner shall retain the duly completed prescribed Forms B1 and C1.

[S 13(2) ins by s 12 of Act 8 of 2009.]

(3) The application for the registration of a new owner of a motor vehicle which is let under a hire purchase or leasing agreement shall be forwarded to the Commissioner by the person who so let the vehicle. The application aforesaid shall be accompanied by a statement in the prescribed form and by the prescribed fee for the entry in the register, as required by subsection (4) of section 14, of the name of that person as the absolute owner thereof.

[S 13(2) re-numbered as a13(3) by s 12 of Act 8 of 2009.]

14. Registration of new owner.

(See also Motor Cars (Tax on Transfers) Law.)

(1) No person shall be registered as the new owner of a motor vehicle—

(a) unless the application for registration is accompanied by the prescribed fee and by the certificate of registration or a duplicate thereof, relating to that motor vehicle;

(b) unless the revenue licence for that motor vehicle or a duplicate thereof is forwarded to the Commissioner by the applicant or the previous owner of that motor vehicle or, if there is no such licence, unless a receipt for the payment of the fee for such licence or a certificate from the licensing authority that a valid notice of non-user has been given in respect of that vehicle under section 37 is forwarded to the Commissioner;

[S 14(1)(b) subs by s 9 of Act 21 of 1981.]

(c) if his registration as owner thereof is prohibited by section 4(2) or by any of the conditions stipulated by the Commissioner under section 9(1)(c);

[S 14(1)(c) subs by s 9 of Act 21 of 1981.]

(d) unless all arrears of licence duty due from the registered owner and any liability under any other law in respect of the vehicle are paid.

[S 14(1)(d) subs by s 9 of Act 21 of 1981.]

(2) Upon the registration of the new owner of a motor vehicle, the Commissioner shall—

(a) either make the necessary alterations in the certificate of registration and deliver it to the new owner or issue to him a new certificate of registration; and

(b) if the revenue licence for that motor vehicle has not become void under section 39, make the necessary alterations in such licence and deliver it to the new owner, and, if the revenue licence for that motor vehicle has become void under section 39, transmit the void revenue licence to the licensing authority:

Provided, however, that the Commissioner may refuse to deliver the altered revenue licence to the new owner unless a certificate of insurance or a certificate of security, in conformity with the provisions of any existing law and relating to that motor vehicle, is produced to the Commissioner or a licensing authority for inspection.

[S 14(2) subs by s 9 of Act 21 of 1981.]

(3) Upon the registration under this section of the new owner of a motor vehicle, the motor vehicle shall not be used unless a new revenue licence is issued in respect thereof, if the revenue licence has become void under section 39.

[S 14(3) subs by s 9 of Act 21 of 1981.]

(4) At the time of the registration of the new owner of a motor vehicle which is let under a hire purchase or leasing agreement, the Commissioner shall also enter in the register the name of the person who so let the vehicle as the absolute owner thereof, but no such entry of the name of any person as absolute owner shall be deemed—

[S 14(4) am by s 5 of Act 8 of 1990.]

(a) to affect any liability which the person registered as the owner may incur under any of the provisions of this Act, or

(b) to vest in the person whose name is so entered as absolute owner any of the rights or powers conferred by this Act upon the registered owner of a vehicle; or

(c) to prejudice or to affect in any way the right of any other person who claims to be the owner of the vehicle to cause his claim to be determined by an action at law.

(5) The entry required by subsection (4) shall be made in the space provided in the register for the entry of the names of the other claimants, if any, to the ownership of a motor vehicle.

(6) Within a period of fourteen days after the due settlement of liabilities of a hire-purchase agreement in respect of a motor vehicle, the person who so let that vehicle shall forward to the Commissioner a written application for the deletion from the entry in the register relating to that vehicle of the name of the absolute owner thereof entered under subsection (4). Such application shall be accompanied by the prescribed fee for such deletion.

[S 14(6) subs by s 9 of Act 21 of 1981.]

14A. Power to change the distinctive number of a motor vehicle in certain circumstances.

(1) Where a special series of distinctive numbers is determined for the purpose of assigning, under subsection (1) of section 9, a distinctive number to each motor vehicle the registered owner of which is a diplomat or which belongs to the government of any recognised foreign state, then, if the distinctive number of any such motor vehicle is not of such special series, the Commissioner shall cancel the distinctive number of that motor vehicle and assign to it a distinctive number which is of such special series.

[S 14A(1) ins by s 2 of Act 43 of 1958.]

(2) Where a person who is not a diplomat becomes the registered owner of a motor vehicle which does not belong to the government of a recognised foreign state and to which a distinctive number of the special series referred to in subsection (1) has been assigned, the Commissioner shall cancel that distinctive number and assign to that motor vehicle a distinctive number which is not of such special series.

[S 14A(2) ins by s 2 of Act 43 of 1958.]

(3) Where a motor vehicle which belongs to the government of a recognised foreign state and the distinctive number of which is of the special series referred to in subsection (1) ceases to belong to that government, the Commissioner shall, unless a diplomat becomes the registered owner, or the government of any other recognised foreign state becomes the owner, of that motor vehicle, cancel that distinctive number and assign 10 that motor vehicle a distinctive number which is not of such special series and where a diplomat of a state other than the state to which the diplomat who is the registered owner becomes the owner or any other recognised foreign state becomes the owner the Commissioner shall cancel that distinctive number and assign to that motor vehicle such distinctive number as he may determine.

[S 14A(3) subs by s 10 of Act 21 of 1981.]

(4) In this section "diplomat” means the diplomatic representative in Sri Lanka of the government of any other country, or any person who is a member of the diplomatic staff of such diplomatic representative.

[S 14A(4) subs by s 10 of Act 21 of 1981.]

15. Provision for absence of registered owner from Sri Lanka.

(1) Where the registered owner of a motor vehicle is absent from Sri Lanka, that motor vehicle shall not be used at any time after the expiration of a period of two months from the date of his departure from Sri Lanka and until his return to Sri Lanka unless the Commissioner has under subsection (2) registered a person as the temporary owner of that vehicle.

(2) The Commissioner may register a person as the temporary owner of a motor vehicle—

(a) upon application made in that behalf in the prescribed form by the registered owner (whether before or after his departure from Sri Lanka) or by the duly appointed attorney of the registered owner; or

(b) if it is proved to his satisfaction that that person has been authorised by the registered owner to use the vehicle during his absence from Sri Lanka.

(3) Notwithstanding anything in the preceding provisions of this section, no person shall be registered as the temporary owner of a motor coach except with the prior approval of the Commissioner; and the Commissioner may refuse to grant such approval in any case where he is not in his discretion satisfied that the motor coach will during the essence of the registered owner be used solely for the purposes of the business which the registered owner is authorised by a permit granted under Part IV to use that motor coach. The provisions of subsection (2) of section 4 shall not apply in the case of the lustration under this section of any person it's the temporary owner of a motor coach.

[S 15(3) subs by s 11 of Act 21 of 1981.]

(4) No person shall be registered for any period as the temporary owner of a motor vehicle under this section except upon payment of the prescribed fee. Any person so registered shall be deemed for the purposes of this Act to be the registered owner of the motor vehicle during that period.

(5) No person shall be registered under this section as the temporary owner of a motor vehicle unless the certificate of registration and the revenue licence relating to that vehicle are delivered to the Commissioner.

(6) Upon the registration under this section of any person as the temporary owner of a motor vehicle, the Commissioner shall endorse the certificate of registration in the prescribed manner and deliver it to that person, together with the amended revenue licence for that vehicle.

(6A) Where the registered owner of a motor vehicle. (hereafter in this subsection referred to as the "absent owner”) is absent from Sri Lanka and a person is registered as the temporary owner of that motor vehicle under this section, such temporary owner shall not make a voluntary transfer effecting a change of possession of that motor vehicle without the written consent of the absent owner or of the duly appointed attorney of the absent owner; and any such transfer made without such written consent shall be null and void.

[S 15(6A) ins by s 11 of Act 21 of 1981.]

(7) The registered owner of any motor vehicle in respect of which a temporary owner has been registered under this section, shall, on his return to Sri Lanka, deliver to the Commissioner the revenue licence and the certificate of registration issued under subsection (6) to the temporary owner, and shall apply, in the prescribed form, to be reregistered as the owner of that motor vehicle, and the Commissioner shall, unless his registration as owner thereof is prohibited by section 4(2), upon payment of the prescribed fee, reregister him accordingly, and shall amend and deliver to him a certificate of registration and shall amend and deliver to him the revenue licence for that vehicle.

16. Registered owner to be deemed to be owner.

Any person who for the time being is the registered owner, or is deemed under any provision of this Part to be the registered owner, of a motor vehicle, shall for the purposes of any proceedings under this Act, be deemed to be the owner of that motor vehicle.

17. Evidence.

(1) A certificate of registration shall be prima facie evidence of the due registration of the motor vehicle to which the conflict relates and of the particulars appearing in the certificate.

(2) A copy of, or an extract from, any entry in the register, if purporting to be made under the hand of the Commissioner or any other officer authorised in that behalf by the Commissioner shall be received as prima facie evidence of the due registration of the motor vehicle to which the entry relates and of the particulars appearing therein including particulars as to the ownership of that vehicle.

18. Cancellation of registration of a motor vehicle.

(1) Where a motor vehicle which is registered has been permanently removed from Sri Lanka, or destroyed, or dismantled and broken up, or otherwise rendered permanently unserviceable, the owner shall report such fact to the Commissioner-General within fourteen days and shall also forward the Certificate of Registration to him and the Commissioner-General shall cancel the registration of such motor vehicle shall cancel the registration of that vehicle upon the receipt of a written application in that behalf from the registered owner of that vehicle accompanied by the prescribed fee for such cancellation:

[S 18 re-numbered as a s 18(1); am by s 13 of Act 8 of 2009.]

Proviso .

[S 18(1) proviso rep by s 13 of Act 8 of 2009.]

(2) The Commissioner-General may for reasons to be recorded, of his own motion, cancel the registration of a motor vehicle,—

(a) if he has reason to believe—

(i) that it has been manufactured, assembled, fabricated, innovated, adapted, modified, or its construction changed, illegally or otherwise than in conformity with the prototype approved by the Commissioner-General;

(ii) that it has been assembled otherwise than with branded new parts or without the permission of the manufacturer of those parts;

(iii) that it is mechanically defective;

(iv) that it fails to comply with prescribed standards of safety;

(v) that it is stolen;

(vi) that the identity of the vehicle is false;

(vii) that the chassis number has been tampered with;

(viii) that the applicant for registration of the vehicle has failed to furnish particulars of a previous registration if any;

(ix) that the applicant has furnished inaccurate particulars in the application for registration of the vehicle; or

(x) that the vehicle has been imported with forged documents or that the application for registration contains a forged signature or is accompanied by forged documents;

(b) where the motor vehicle comprises features which—

(i) are not in accordance with the particulars contained in the application;

(ii) are not in his opinion roadworthy or which by reason of its design, construction or any condition thereof or any equipment thereof, are not in compliance with the provisions of this Act;

(iii) require the prior written approval of the Commissioner-General for the import thereof and has been imported without obtaining such approval;

(iv) have been manufactured, assembled, fabricated, adapted, modified or the construction of which has been changed in any manner, without the prior written approval of the Commissioner-General;

(v) the registered owner thereof is dead, or cannot be found or that such vehicle has ceased to be a motor vehicle; or

(c) the registration of such motor vehicle has been obtained on the basis of documents which were , or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the Certificate of Registration, after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post to his address entered in the Certificate of Registration).

(3) The Commissioner-General shall, on receiving evidence or information to the effect that a motor vehicle has not been issued a revenue license for two consecutive years and has not been issued a Certificate of Non-user issued by the Licensing Authority for that period, forthwith require the registered owner to produce a valid revenue license or such Certificate of Non-user issued by the Licensing Authority and surrender the Certificate of Registration within a period of one month. If the owner fails to produce the revenue license or such Certificate of Non-user referred to in this section, the Commissioner-General shall cancel the registration of such motor vehicle.

(4) The Commissioner-General may order the examination of any vehicle, and if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post to his address entered in the Certificate of Registration) he is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, he shall order that the vehicle be written off and shall cancel the registration of such motor vehicle.

(5) If a motor vehicle is declared un roadworthy consequent to an accident or other circumstance the Commissioner-General shall suspend the registration of such motor vehicle:

Provided however, that if on application made thereafter by the registered owner, in a prescribed form together with the prescribed fee, the Commissioner-General is satisfied that the vehicle has been made roadworthy and that it complies with the provisions of this Act and regulations made there under, he may remove the suspension.

(6) Where the registration of a motor vehicle has been cancelled under paragraph (b) of subsection (2) or where the identity of the vehicle or the identity of the owner of such vehicle is in question, such vehicle may be considered for re-registration under this Part, provided that—

(a) the owner complies with the provisions of this Act and regulations made there under; and

(b) the vehicle is inspected by an officer authorised for the purpose by the Commissioner-General, and an endorsement to the effect that the owner has complied with the provisions of this Act is made on the Certificate of Registration.

(7) Upon the cancellation of the registration of a motor vehicle, the registered owner shall cease to use such vehicle and shall return the identification plate to the Commissioner-General within seven days from the date of being notified of such cancellation.

(8) —

(a) The Commissioner-General shall maintain a register of written off vehicles in accordance with the prescribed procedure, wherein information regarding motor vehicles that are written off, is entered. Such register shall be made available for inspection by the public during office hours.

(b) Entries in the register of written off vehicles may be made, amended and removed only in accordance with regulations made hereunder.

(9) For the purposes of subsections (7) and (8) a motor vehicle shall be written off only if,—

(a) the vehicle has been damaged by collision, fire, flood, accident, trespass or other event or circumstances; and

(b) the insurer of the vehicle or, if there is no insurer, the registered owner of the vehicle makes a determination that the extent of the damage is such that the vehicle's fair salvage value plus the cost of repairing it for use on a road or road related area would be more than its fair market value immediately before the event or circumstances that caused the damage.

(10) An insurer of a vehicle referred to in subsection (a) is taken to have made a determination under paragraph (b) of subsection (9) if the insurer—

(a) allows a claim for the full insured value of the vehicle; or

(b) disposes of the vehicle to a third party.

(11) A registered owner of a vehicle referred to in subsection (9) (b) is taken to have made a determination under that section if the registered owner disposes of the vehicle to a motor wrecker.

(12) The Commissioner General shall ensure that a person who notifies the Commissioner General of a written-off vehicle, or who applies for an entry on the register of written-off vehicles to be amended or removed, is informed at the time of notification or application (as the case requires) that any information given or document submitted in connection with the notification or application, or a copy of such document, may be disclosed or used for investigation, law enforcement and allied purposes.

(13) The Minister may make regulations regarding the disposal of written off vehicles, and the records to be kept in that regard.

(14) Any person who contravenes any provision of this section shall on conviction be liable to a fine not less than ten thousand rupees and not exceeding twenty thousand rupees and on a second or subsequent conviction to a fine not less than twenty thousand rupees and not exceeding thirty thousand rupees.

[S 18(2) to (14) ins by s 13 of Act 8 of 2009.]

18A. Use of a motor vehicle pending registration for the first time.

The Commissioner may authorise the owner of a motor vehicle imported into Sri Lanka to use such vehicle pending its registration, for a period not exceeding three months from the date of importation.

[S 18A ins by s 12 of Act 21 of 1981.]

18B. Penalty for fraudulently using or mutilating etc. of certificate of registration.

Any person who—

(a) fraudulently uses or allows any other person to use; or

(b) imitates, alters, mutilates, defaces, or destroys a Certificate of Registration of a motor vehicle, shall be guilty of an offence and shall on conviction be liable to a fine not less than fifteen thousand rupees and not exceeding twenty five thousand rupees and on a second or subsequent conviction to a fine not less than thirty thousand rupees and not exceeding fifty thousand rupees or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

[S 18B ins by s 14 of Act 8 of 2009.]

PART II

CONSTRUCTION AND EQUIPMENT OF MOTOR VEHICLES

19. Regulations as to construction of motor vehicles.

(1) Regulations may be made prescribing the requirements as to construction, weight, dimensions and equipment of motor vehicles. Any such regulation may be expressed to be applicable to motor vehicles generally or to any specified class or description of motor vehicles.

[S 19 re-numbered as s 19(1) by Act 21 of 1981.]

(2) In particular and without prejudice to the generality of the foregoing provisions, the Minister may make regulations—

(a) to regulate the width, height, wheel base, length and overhang of vehicles and trailers and the load carried thereon, the diameter of wheels and the width, nature and condition of tyres of such vehicles and trailers and to prohibit the use of any tyres likely to cause damage to the roads;

(b) to prohibit excessive noise from warning devices, noise emitted from engine exhaust and noise due to the design or condition of the motor vehicle or the loading thereof;

(c) to regulate the maximum unladen and laden weight of vehicles and trailers and the maximum axle load to be transmitted to the road or any specified area thereof by a motor vehicle of any class or description or by any part or parts of such a vehicle in contact with the road and the conditions under which such weights may be required to be tested;

(d) to prescribe the particulars to be marked on vehicles and trailers;

(e) to specify the number and nature of springs and brakes on vehicles and trailers and to ensure that springs, brakes, silencers, emission, light, weight and steering gear shall be efficient and kept in proper working order and for empowering any person or classes of persons designated, named or described in such regulations to test and inspect any such springs, brakes, silencers, emission, light, weight and steering gear on a road or, subject to the consent of the occupier of any premises, on any such premises;

(f) to regulate the appliances to be fitted for signaling the approach of a vehicle or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear or for intimating any intended change of speed or direction of a motor vehicle and to regulate or to prohibit the use of any such appliances and to ensure that they shall be kept efficient and in proper working order;

(g) to regulate the lights to be installed in vehicles and trailers whether in respect of the nature of such lights, the positions in which they shall be fixed and the periods during which they shall be kept lighted or otherwise;

(h) to prescribe the safety equipment to be installed in vehicles;

(i) to control, in connection with the use of a motor vehicle, the emission of smoke, oily substance, ashes, water, steam, visible vapor, noxious fumes, sparks, cinders, gas or grit;

(j) to regulate the towing or drawing of motor vehicles by motor vehicles and the manner of attachments used there for;

(k) to prohibit in connection with the use of a motor vehicle the use of any appliances or the commission of any act which is likely to cause annoyance or danger to other users of the road or its vicinity;

(l) to regulate the number of trailers that may be attached in train to any motor vehicle, the manner of attachment and the manner in which trailers shall be kept under control and the maximum weight thereof;

(m) to prescribe the number of persons to be employed in driving or attending to motor vehicles or trailers and to regulate the duties and conduct of such persons;

(n) to prescribe a maximum speed for motor vehicles of any class or description and to provide for exemption in special cases; and prescribe the procedure of ascertaining the speed by the use of radar detectors and laser speed guns and photographic detection devices;

For the purposes of this paragraph different speeds may be prescribed as the maximum speed of a motor vehicle or class of motor vehicles in respect of a road or part of a road or a road in any area;

(o) to regulate or prohibit either generally or in specified areas or roads and either at all times or between specified hours, the use of horns or other warning appliances, and different rules may be made in respect of different classes or description of motor vehicles or in respect of the same class or description of vehicles in different circumstances;

(p) to prescribe the degree of transmission of light into a motor vehicle and the procedure for determining the intensity of light penetration;

(q) to specify the standards of emission of air pollutants;

(r) to regulate the installation of catalytic converters in any prescribed class of vehicles;

(s) to regulate the transport of chemicals, gas or other dangerous goods;

(t) to prohibit any class or classes or types of motor vehicles using the expressway or any road; and

(u) to prescribe procedures for de-registering of motor vehicles (cancellation from the register) and the fees to be charged there for.

[S 19(2) ins by s 15 of Act 8 of 2009.]

(3) Regulations may also be made providing for the issue by the Commissioner, whether free of charge or on payment of the prescribed fee, of permits exempting motor vehicles of any class or description from any such requirements where he considers it necessary to do so in the public interest. Such exemption shall be subject to such conditions as may be inserted in such permits relating to the safety or convenience of the public or the prevention of injury to or excessive wear of any highway or any bridge on any highway.

[S 19(2) re-numbered as 19(3) by s 15 of Act 8 of 2009.]

(4) The Commissioner may revoke or suspend any permit issued under any regulation made under subsection (2) on the ground that any of the conditions attached to the permit has not been complied with.

[S 19(3) re-numbered as 19(4) by s 15 of Act 8 of 2009.]

19A. No person to fabricate, manufacture motor vehicle except with permission of Commissioner-General.

(1) No person shall fabricate, manufacture, assemble, innovate, adapt, modify or change the construction of a motor vehicle in Sri Lanka except with the prior written approval of the Commissioner-General.

(2) The Commissioner-General may upon application made in the prescribed Form and on payment of the prescribed fee, grant approval to such applicant to manufacture, assemble, fabricate, innovate, adapt, modify or change the construction of a motor vehicle as the case may be, subject to compliance by the applicant with terms and conditions which the Commissioner-General may specify by notice in writing, prior to the grant of such approval.

(3) Terms and conditions specified by notice under subsection (2), may include a requirement that the applicant's facility for manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be shall conform to specifications set out in such notice.

(4) The Commissioner-General shall refuse to grant the written approval referred to in subsection (1), where he is satisfied that the applicant has not complied with any term or condition specified under subsection (2).

(5) Written notice of such refusal shall be given to the applicant.

Any person aggrieved by the refusal of the Commissioner-General to grant written approval under this section may, within fourteen days of the receipt of the written notice of such refusal, appeal in writing to the Motor Traffic Appeals Tribunal constituted under section 213AA, whose decision thereon shall be final.

(6) The Commissioner-General may, by notice in writing, require a manufacturer, assembler, fabricator, innovator, adaptor, modifier or person engaged in the business of changing the construction of a motor vehicle, to effect such additions, improvements, or modifications as he may specify in such notice, to an existing facility for manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle.

(7) The Commissioner-General shall cancel a written approval granted under subsection (2) where he is satisfied that the manufacturer, assembler, fabricator, innovator, adaptor, modifier or person engaged in the business of changing the construction of a motor vehicle—

(a) has failed to comply with the requirements of a notice sent to him under subsection (6); or

(b) —

(i) has carried on the business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle in an improper or unsatisfactory manner;

(ii) has failed to comply with any of the terms and conditions subject to which such written approval was granted; or

(iii) has been convicted of an offence under this Part or has contravened the provisions of any regulation made there under.

(8) The Commissioner-General shall before cancelling any written approval under subsection (7) give notice in writing of his intention to do so, specifying a date, not less than fourteen days from the date of the notice, upon which such cancellation shall be made and calling upon such manufacturer, fabricator, assembler, innovator, adaptor, modifier or person changing the construction of a motor vehicle to show cause to the Commissioner-General as to why such written approval should not be cancelled.

(9) Where the Commissioner-General has cancelled any written approval granted to a person under the provisions of subsection (7), he shall forthwith inform such person of such cancellation by notice in writing.

(10) Any person aggrieved by the decision of the Commissioner General under subsection (7) may, within fourteen days of the receipt of the notice referred to in subsection (9), appeal in writing against such cancellation to the Motor Traffic Appeals Tribunal established under section 213AA, whose decision thereon shall be final.

(11) An order of cancellation shall not take effect until the expiration of a period of fourteen days from the date of receipt of the notice of cancellation under subsection (9).

(12) If within that period, the person aggrieved by such cancellation appeals to the Motor Traffic Appeals Tribunal established under section 213AA the order shall not take effect until such Tribunal confirms such order of cancellation or the appeal is dismissed.

(13) Where an order of cancellation becomes effective under subsections (7) or (11), the manufacturer, assembler, fabricator, innovator, adaptor, modifier or person changing the construction of a motor vehicle shall as from the date when such order becomes effective, cease to carry on the business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be.

(14) Where written approval has been granted to a manufacturer, assembler, fabricator, innovator, adaptor, modifier, or person changing the construction of a motor vehicle, for the carrying on of business in such capacity, and an order of cancellation has been made in respect of any such category of persons, such person shall, within seven days of the making of such order of cancellation, surrender to the Commissioner-General—

(a) the letter of written approval issued to such person; and

(b) the Certificate of Registration issued to him as a manufacturer, assembler, fabricator, innovator, adapter, modifier or construction changer, as the case may be.

(15) A manufacturer, assembler, fabricator, innovator, adapter, modifier, or person engaged in the business of changing the construction of a motor vehicle, the written approval for whose business has been cancelled under this section, may on satisfying the Commissioner-General that he has, since such cancellation—

(a) complied with the requirements of a notice sent to him under subsection (6);

(b) complied with the terms and conditions subject to which such written approval was previously granted; and

(c) is carrying on such business in a proper and satisfactory manner, re-apply to the Commissioner-General—

(i) for the grant of written approval for his business; and

(ii) for the issue of a Certificate of Registration as a manufacturer, assembler, fabricator, innovator, adapter, modifier or construction changer as the case may be.

(16) Any person aggrieved by the refusal of the Commissioner-General to re-issue written approval or issue or renew the Certificate of Registration issued to such person as a manufacturer, assembler, fabricator, innovator, adapter, modifier or construction changer as the case may be, may within fourteen days of the receipt of the written notice of refusal, appeal in writing to the Secretary of the Ministry of the Minister, whose decision thereon shall be final.

(17) A person who contravenes the provisions of subsections (1), (13) or (14) shall be guilty of an offence and shall on conviction be liable to a fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees and to the confiscation of such motor vehicle.

(18) The Minister may make regulations in respect of the procedure for the issue of a Certificate of Registration as a manufacturer, assembler, fabricator, innovator, adapter, modifier or construction changer as the case may be, including the conditions to be attached to such Certificate and the conduct of such certificate holders.

[S 19A ins by s 16 of Act 8 of 2009.]

19B. Prohibition on assembly of motor vehicles except with branded new parts.

(1) No person shall assemble a motor vehicle except—

(a) with branded new parts; and

(b) with the prior written permission of the manufacturer of such parts.

(2) Any person who assembles a motor vehicle otherwise than in accordance with the provisions of subsection (1), shall be guilty of an offence and shall on conviction be liable to a fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees.

[S 19B ins by s 16 of Act 8 of 2009.]

19C. Prohibition on importation of certain vehicles.

(1) No person shall import a motor vehicle into Sri Lanka—

(a) which is not in conformity with the prototype approved by the Commissioner-General; and

(b) except under the authority of a permit issued in that behalf by the Commissioner-General.

(2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than three hundred thousand rupees and not exceeding five hundred thousand rupees.

[S 19C ins by s 16 of Act 8 of 2009.]

20. Regulations as to mascots.

Regulations may be made providing for the prohibition, regulation or control of the use on motor vehicles of mascots and other similar fittings.

21. Identification.

On every motor vehicle there shall be fixed and maintained two identification plates each bearing the distinctive number of that motor vehicle as assigned to it by the Commissioner:

Provided that in lieu of either or both of such plates a design or designs, conforming in every respect to the requirements of this Part as to identification plates, may be painted or otherwise delineated on any motor vehicle; and any reference in this Act to, or to the fixing of an identification plate shall be deemed to include a reference, as the case may be, to or to the painting or to the delineation of, such a design.

[S 21 subs by s 14 of Act 21 of 1981.]

22. Shape of identification plates.

For the purposes of section 21, no identification plate shall be used unless the shape of the plate conforms to one of the prescribed diagrams, and the colour of the ground of every plate, the colour and size of every letter and number on such plate, the spacing between such letters or numbers, and the dimensions of the margins of such plate, are in accordance with such general provisions as may be prescribed:

Provided, however, that any identification plate of a shape not conforming to one of the aforesaid diagrams may be used on any motor vehicle if a regular permit authorising the use of such plate has been obtained from the Commissioner.

23. Identification plates.

The two identification plates to be in required by section 21 shall be fixed and accordance with prescribed maintained on a motor vehicle in provisions accordance with such provisions as may be prescribed and are applicable to the class or description of motor vehicles to which the vehicle belongs.

24. Possession of identification plates.

(1) Every identification plate required by section 21 shall be fixed and maintained in an upright position on the motor vehicle, with the upper edge of the letters and figures upwards.

(2) No part of any identification plate shall be obscured in any manner.

24A. Penalty for contravention of sections 21, 22, 23 and 24.

A person who—

(a) contravenes the provisions of sections 21, 22, 23 and 24 of this Act; or

(b) —

(i) fraudulently uses or allows any other person to use any identification plate, or

(ii) imitates, alters, mutilates, defaces or destroys any identification plate,

shall be guilty of an offence and shall on conviction be liable to a fine not less than fifteen thousand rupees and not exceeding twenty five thousand rupees and on a second or subsequent conviction to a fine not less than thirty thousand rupees and not exceeding fifty thousand rupees or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

[S 24A ins by s 17 of Act 8 of 2009.]

PART III

REVENUE LICENCES

25. Motor vehicles not to be repossessed or used without revenue license.

(1) No person shall possess or use a motor vehicle for which a revenue licence is not in force.

(2) The person who for the time being is, or is deemed under Part I to be, the registered owner of a motor vehicle shall, for the purposes of subsection (1), be presumed, unless the contrary is proved, to possess that vehicle.

(3) The possession by a dealer of a motor vehicle imported by him into Sri Lanka for the purposes of sale shall be deemed not to be a contravention of subsection (1) so long as the vehicle remains unsold and is not used on any highway except under the authority of a dealer's licence.

(3A) The possession by a manufacturer of a motor vehicle in Sri Lanka for the purposes of sale shall be deemed not to be a contravention of subsection (1) so long as the vehicle remains unsold and is not used on any highway.

[S 25(3a) ins by s 15 of Act 21 of 1981.]

(4) The possession of a motor vehicle by a person for the time being entitled to the possession thereof shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is lawfully used under the authority of a dealer's licence and is identified by a distinctive number assigned for the purpose.

(5) The possession of a motor vehicle by a person (not being a dealer) by whom the vehicle was imported into Sri Lanka shall be deemed not to be a contravention of subsection (1), if, but only if, that person has applied for a revenue licence and such application has not been finally determined.

(6) The use of a motor vehicle which upon importation into Sri Lanka is used on a highway only for the purpose and in the course of removal from the customs premises shall be deemed not to be a contravention of subsection (1).

(7) The possession by a person of a motor vehicle in respect of which notice of a period of non-user has been given under section 37 shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is not used in any place during that period.

(8) The Commissioner may issue a permit authorising the removal of any motor vehicle for the purpose of repairs or for the purpose of compliance with any provision of this Act or for any other specified purpose on a specified date from a specified place and the use of that motor vehicle for the purpose of such removal in accordance with a permit so issued shall be deemed not be a contravention of subsection (1).

[S 25(8) sub by s 15 of Act 21 of 1981.]

(9) When the revenue licence for a motor vehicle becomes void under section 39, the possession of that motor vehicle by the owner thereof shall be deemed not be a contravention of subsection (1) if he has applied for a new revenue licence for that motor vehicle and the application has not been finally determined or if he has given notice of a period of non-user under section 37.

[S 25(9) sub by s 15 of Act 21 of 1981.]

(10) The possession or use by the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law of a motor coach, a hiring car, or a lorry shall be deemed not to be a contravention of subsection (1) so long as that coach, hiring car or lorry is not used on the highway for the carriage of passengers or goods for fee or reward.

26. Classes or descriptions of revenue licences.

(1) A revenue licence to be issued under this Part for a motor vehicle shall be a licence of one, or a combination of one or more, of the following descriptions, that is to say, a motor car licence, a private coach licence, an omnibus licence, a motor tricycle licence, a lorry licence, a motor tricycle van licence, a motor cycle licence, a motor hearse licence, a motor ambulance licence, an invalid carriage licence, a hand tractor licence, or a land vehicle licence, and shall be issued having regard to the class or description of motor vehicles to which that vehicle belongs.

[S 26(1) subs by s 16 of Act 21 of 1981.]

(2) Nothing in subsection (1) shall be deemed to affect or restrict the issue of dealer's licences under section 42, or of visitor's temporary licences under section 44.

27. Production of certificate of registration and certificate of insurance security.

(1) No revenue licence for any motor vehicle shall be issued by any licensing authority unless the certificate of or registration relating to that vehicle is produced and unless the name of that authority is contained in the certificate, and unless the particulars contained in the application for the licence are identical with the corresponding particulars contained in the certificate:

Provided, however, that the licensing authority may, if he thinks fit, dispense with the production of the certificate of registration in the case of any motor vehicle for which a revenue licence in respect of any year is to be issued to any person to whom a revenue licence for that motor vehicle in respect of the preceding year has been issued by that authority.

[S 27(1) am by s 2 of Act 40 of 1984.]

(2) No revenue licence for any motor vehicle, other than a trailer, shall be issued by any licensing authority unless a certificate of insurance or a certificate of security, in conformity with the requirements of Part VI and relating to that vehicle, is produced to that authority by the applicant.

28. Licences for omnibuses and private coaches to be issued only to holders of operational permits.

(1) No omnibus licenses shall be granted under this Part except for an omnibus the registered owner of which is the holder of a passenger service permit granted under the National Transport Commission Act, No. 37 of 1991 or other written, law.

[S 28(1) subs by sch of Act 37 of 1991.]

(2) No private coach licence shall be issued under this Part except for a private coach the registered owner of which is the holder of a private coach permit authorising the use of that coach.

(3) .

(S 28(3) rep by s 18 of Act 21 of 1981.]

29. Revenue licences for motor vehicles.

(1) —

(a) No revenue license for a motor lorry, light motor lorry, heavy motor lorry, motor coach, light motor coach, heavy motor coach, motor hearse or motor ambulance shall be issued by any licensing authority unless a Certificate of Fitness and an Emission Certificate issued in respect thereof under section 196, is produced.

(b) No revenue license for a motor cycle, light motor cycle, motor car, dual purpose vehicle, motor tricycle, motor tricycle van, land vehicle, hand tractor or special purpose vehicle shall be issued by any licensing authority unless an Emission Certificate issued in respect thereof under section 196, is produced.

(2) The Minister may make regulations—

(a) providing for the amalgamation of the Certificate of Fitness and Emission Certificate if so required;

(b) identifying new classes of vehicles in respect of which either the Certificate of Fitness or the Emission Certificate may be required.

[S 29 subs by s 18 of Act 8 of 2009.]

30. Application for revenue licence.

(1) Every application for a revenue licence (other than a dealer's licence: or visitors temporary licence) for a motor vehicle shall—

(a) be made to the licensing authority of the place in which the motor vehicle will usually be kept during the period for which the licence is required;

(b) be substantially in such one of the prescribed forms, as may be appropriate to the case, and shall sol out all particulars relating to that motor vehicle in respect of such of the matters specified in that form as may be applicable to that motor vehicle;

(c) be signed by the registered owner of the motor vehicle;

(d) be accompanied by the licenses fee prescribed under section 31.

[S 30(1)(d) subs by sch of Act 37 of 1991.]

(e) be made on or before the thirty-first day of December in the year preceding the year for which the licence is required; and

(f) be accompanied by the previous years' licence:

Provided, however, that—

(i) in the case of any motor vehicle in respect of which notice of period of non-user has been given under section 37, the application shall be made before the end of that period;

(ii) in the case of a motor vehicle in respect of which notice of a period of non-user has been given under section 37 and that notice ceases to be operative on any date by reason of the provisions of section 37(5), the application shall be made within three days of that date;

(iii) in the case of a motor vehicle which is registered for the first time in Sri Lanka the application shall be made within three days of the date of the registration of that vehicle;

(iv) in the case of a motor vehicle for which a new revenue licence is applied for as the revenue licence for the motor vehicle has become void upon a change of possession of that motor vehicle, the application shall be made within thirty days of the change of possession of that vehicle;

(v) in the case of a motor vehicle for which a new revenue licence is applied for as the revenue licence for that motor vehicle has become void under subsection (1) of section 39, the application shall be made within three days after the date on which the revenue licence has been void; and

(vi) in the case of a motor vehicle for which a new revenue licence is applied for in order to use that motor vehicle for a purpose not authorised by the revenue licence for that motor vehicle, the application shall be made within, thirty days before the date on which it is intended to use that motor vehicle for that purpose.

[S 30(1) subs by s 20 of Act 21 of 1981.]

(1A) Where in respect of any motor vehicle an application is made for a new revenue licence which is necessary by reason of section 39, there shall be attached to such application a statement of the circumstances which necessitate a new licence and the licence which has been void under that section except where such licence has already been sent to the licensing authority.

[S 30(1a) ins by s 20 of Act 21 of 1981.]

(2) Where application for a revenue licence for a motor vehicle is required under subsection (1) to be made before any day or before the expiry of any period, as the case may be and there is delay in making the application, the licensing authority may in his discretion, on proof to his satisfaction that the delay is due to any error, accident or misfortune, and, on payment of the full amount of the licence fee which would under this Part have been payable on the licence if it had been issued on an application duly made under that subsection, issue a revenue licence expressed to be in force from the date of such issue; and in any case where a revenue licence for any motor vehicle has been issued under this subsection, no prosecution shall be instituted against any person for any contravention of section 25(1) in respect of that vehicle during the period of such delay and where a prosecution has been instituted before the date of such payment the Magistrate skill discharge such person.

[S 30(2) subs by s 20 of Act 21 of 1981.]

230A. Minister may by notification alter date before which applications for revenue licences shall be made.

Notwithstanding the provisions of section 30(1)(e) the Minister may, from time to time, by Notification published in the Gazette specify in respect of any year the date before which applications for revenue licences for such year shall be made.

[S 30A ins by s 2 of Act 7 of 1974.]

 

31. Licence fee.

(1) The licence fee on a yearly revenue licence (other than a dealer's licence), which is to come into force on the first day of January in any year, for a motor vehicle of any class or description shall be determined according to the prescribed rates for motor vehicles of that class or description.

(2) Where any revenue licence for a motor vehicle other than a dealer's licence, is to come into force after the first day of January and before the first day of March in any year, the amount of the fee payable on that licence shall be the same as the amount payable on a yearly revenue licence for that motor vehicle under subsection (1).

(3) Where—

(a) application for a revenue licence for a motor vehicle, in respect of which notice of a period of non-user in any year has been given under section 37, is made under paragraph (i) or paragraph (ii) of the proviso to section 30(1) and the licensing authority is satisfied that the motor vehicle has not been unlawfully used between the first day of January in that year and the date from which the licence is to be in force; or

(b) application for a revenue licence for any motor vehicle registered for the first time in Sri Lanka on any date during the course of any year, is made under paragraph (iii) of the proviso to section 30(1), and no notice of a period of non-user in respect of that motor vehicle has been given under section 37;

(c) application is made for a new revenue licence which is necessary by reason of section 39 and which is to come into force after the first day of January in any year, the licence fee payable on that licence shall, save as is otherwise provided in subsection (2), be the licence fee payable under subsection (1) on a yearly licence, reduced by one-twelfth part for each complete calendar month of the period commencing on the first day of February in that year and ending on the last day of the month preceding the month in which the licence is to come into force.

[S 31(3) subs by s 21 of Act 21 of 1981.]

(4) No licence fee shall be payable on a revenue licence for a motor vehicle belonging to or exclusively used in the service of the Government of Sri Lanka or belonging to the Government of any foreign state, as the Minister, after reciprocal arrangements in that behalf have been made, may from time to time specify by Notification published in the Gazette or belonging to the representative in Sri Lanka (by whatsoever name, title or designation called) of the Government of any foreign state so specified or the Trade Commissioner or consular officer in Sri Lanka of any such Government or persons on the staff of any such representative or Commissioner or consular officer.

[S 31(4) subs by s 21 of Act 21 of 1981.]

(5) Where the licence fee for the revenue licence for a motor vehicle is paid to a licensing authority and before that licence is issued a change of possession of that motor vehicle occurs, then, if the new registered owner of that motor vehicle produces a receipt for the payment of that fee and a certificate from the licensing authority has not been issued, no licence fee shall be payable by that registered owner.

[S 31(5) ins by s 21 of Act 21 of 1981.]

(6) Where the amount paid by any person as licence fee for the revenue licence issued to him is less than the full amount payable for that licence, the licensing authority may be notice in writing, require such person to pay on or before the date specified in the notice the sum specified therein, such sum being an amount equal to the difference between the full fee payable for that revenue licence and the fee actually paid for that licence.

[S 31(6) ins by s 21 of Act 21 of 1981.]

(7) Any person who fails to comply with the requirements of a notice given to him under subsection (6) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than two thousand and not exceeding five thousand rupees, and the court may in addition to any such fine as the court may impose, order that person to pay the sum specified in that notice and such sum may be recovered in the same manner as a fine imposed by that court.

[S 31(7) ins by s 21 of Act 21 of 1981; am by s 5 of Act 12 of 2005.]

32. Form and duration of revenue licenses.

Every revenue licence (other than a dealer's licence or visitor's temporary licence) for a motor vehicle shall be issued by the licensing authority in such one of the prescribed forms, as may be appropriate to the case, shall be in force from the date on which it is expressed to come into force and shall, save as otherwise expressly provided in this Part, continue in force until the thirty-first day of December next following that date.

33. Limitation of duration of certain licences.

(1) In any case where—

(a) the stage carriage permit under the authority of which an omnibus is used; or (b) the private coach permit which authorises the use of any private coach, is due to expire before the thirty-first day of December in any year, the revenue licence issued for that year under this Part for that omnibus or private coach, as the case may be, shall notwithstanding anything in section 32, be and be expressed to be in force only until the date on which the permit is due to expire:

Provided that if the registered owner of that omnibus or private coach at any time before the date of expiry of the revenue licence becomes the holder of a stage carriage permit or a private coach permit, as the case may be, which is valid until some date not earlier than the thirty-first day of December of the year in respect of which that licence was issued, the licensing authority by whom the licence was issued shall, on application made in that behalf by such owner before the date of expiry of the licence and on payment of the amount of fee calculated as hereinafter provided by endorsement under his hand on the licence. extend the period of its validity until the thirty-first day of December aforesaid and accordingly the licence shall continue in force until that date.

(2) Where a revenue licence for an omnibus or private coach issued in respect of any year is, in accordance with subsection (1), due to expire before the thirty-first day of December of that year, the fee payable on that licence shall, save as is otherwise provided in subsection (2) of section 31, be the fee payable under subsection (1) of that section on a yearly licence, reduced by one-twelfth, part for each complete calendar month of the period commencing on the first day of the month succeeding the month in which the licence is due to expire and ending on the thirty-first day of December aforesaid:

Provided that where the period of validity of such a licence is extended under the provisions of subsection (1) until the thirty-first day of December aforesaid, a further fee shall be payable on that licence and the amount of that fee shall be the amount by which the fee payable on a yearly licence under subsection (1) of section 31 exceeds the amount actually paid on that licence at the time of issue thereof.

[S 33 subs by s 22 of Act 21 of 1981.]

34. Power to insert conditions in revenue licence.

Any licensing authority may insert in any revenue licence for a motor coach, lorry or motor tricycle van issued by that authority such conditions as an examiner or other person may, after examination under this Act of such coach, lorry, or motor tricycle van, as the case may be, certify to be necessary in the interests of safety.

[S 34 subs by s 22 of Act 21 of 1981.]

35. Maximum number of persons and passengers to be specified in revenue licences for private coaches.

(1) The licensing authority shall specify in every revenue licence issued by the authority—

(a) for a private coach, the maximum number of persons authorised to be carried in that coach; and

(b) for an omnibus, the maximum number of passengers authorised to be carried in that omnibus.

(2) For the purpose of determining the maximum number of persons or passengers, as the case may be, that may be carried on a private coach or an omnibus

(a) three hundred and eighty-two millimeters of seating space shall be allowed for each person or passenger, as the case may be; and

(b) due regard shall be had to the safe load of the coach or omnibus which shall be calculated in such manner as the Commissioner may direct, the weight of each person or passenger, as the case may be, being reckoned in that calculation, as fifty kilograms:

Provided, however, that in the case of an omnibus other than an omnibus which is constructed or adapted mainly or wholly to carry passengers standing—

(a) which is constructed and equipped in accordance with such provisions as may be prescribed and is provided with a centre gangway; and

(b) which is to be used under the authority of a stage carriage permit for a regular omnibus service, the following provisions shall, for such periods as may be determined by the Commissioner, apply in lieu of the preceding provisions of this subsection:

(i) Three hundred and eighty-two millimeters of seating space shall be allowed for each passenger.

(ii) Where the omnibus has a wheel base of not less than four thousand millimeters and not more than four thousand six hundred millimeters the number of passengers determined for that omnibus under paragraph (i) shall be increased by eight.

(iii) Where the (omnibus has a wheel base of less than four thousand millimeters, the number of passengers determined for that omnibus under paragraph (i) shall be increased by one-fifth.

(iv) Where the omnibus has a wheel base of more than four thousand six hundred millimeters, the number of passengers determined for that omnibus under paragraph (i) shall be increased by a number not exceeding twelve:

And provided further that in the case of an omnibus—

(a) which is constructed or adapted mainly or wholly to carry passengers standing, and

(b) which is used on such route or routes as may be specified in a permit issued therefor by the Commissioner, the following provisions shall apply in lieu of the preceding provisions of this subsection—

(i) Three hundred and eighty-two millimeters of seating space shall be allowed for each passenger where any seats are provided.

(ii) One sixteen-hundredth of a square meter of standing space shall be allowed for each passenger who is standing,

(iii) A strap-hanger or support of any kind whatsoever shall ho provided in the omnibus for each passenger who is standing. In reckoning the standing space for passengers no account shall be taken of the one hundred and twenty-eight millimeters of space in front of each row of seats, if seats are provided in the omnibus, and the space reserved for the entry and exit of passengers into and from the omnibus.

[S 35 subs by s 22 of Act 21 of 1981.]

36. Maximum load to be specified on revenue licences for lorries and motor tricycle vans.

The licensing authority shall specify in every licence for a lorry or motor tricycle van issued by that authority the maximum load (that is to say, the pay-load) which may be carried on the lorry or motor tricycle van. For the purpose of determining the maximum load, each person permitted to be carried on the lorry or motor tricycle van shall be deemed to weigh fifty and eight-tenth kilograms.

[S 36 subs by s 22 of Act 21 of 1981.]

37. Notice of period of non–user.

(1) —

(a) The registered owner or any person in possession of a motor vehicle may on or before the thirty-first day of December in any year give written notice to the licensing authority that he does not intend to use the motor vehicle for such period, not less than six months, commencing on the first day of January in the succeeding year as may be specified in the notice:

Proviso .

[S 37(1)(a) proviso rep sch of Act 37 of 1991.]

(b) Where a person comes into possession of a motor vehicle during the course of any year, he may, within seven days after the date of coming into possession of the motor vehicle, give written notice that he does not intend to use the motor vehicle for such period commencing on that day, as may be specified in the notice.

(c) Where the registered owner of a motor vehicle surrenders a revenue licence of a motor vehicle for cancellation under section 40 he may give written notice on or before the date of surrender as may be specified in the notice:

Provided, however, that in any case where the motor vehicle belongs to the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board law No. 19 of 1978 the licensing authority may in lieu of such written notice and in lieu of the licence accept a certificate from an officer authorised in that behalf by the Board stating that the vehicle was not in use on any highway for such period as may be specified in such notice.

(d) Where the revenue licence for a motor coach or lorry expires at any time before the thirty-first day of December in any year, the registered owner of that motor coach or lorry may give written notice on or before the date of such expiry that he does not intend to use that motor coach or lorry for such period commencing on the date of such expiry as may be specified in the notice.

[S 37(1) subs by s 23 of Act 21 of 1981.]

(2) The registered owner of a motor vehicle, in respect of which notice of a period of non-user has been given under subsection (1), may by written notice given before the expiry of that period further extend the period:

Provided, however, that where any written notice purporting to extend a period of non-user is given within seven days after the date of the expiry of that period, the licensing authority, if he is satisfied that the delay in giving such notice was due to any error, accident or misfortune, may in his discretion accept such notice as notice duly given before the expiry of that period; and the period of non-user shall be deemed to be extended accordingly.

[S 37(2) subs by s 23 of Act 21 of 1981.]

(3) Every notice under this section shall be accompanied by the prescribed fee and dispatched by registered post or delivered in person to the licensing authority, and the licensing authority shall in every case where a notice is delivered in person issue a written acknowledgment of the receipt thereof.

[S 37(3) subs by s 2 of Act 47 of 1983.]

(4) The period of non-user specified in any notice under this section shall not extend beyond the thirty-first day of December of the year in respect of which the notice is given.

(5) Where any person is registered under Part I as the new owner or the temporary owner of a motor vehicle, in respect of which notice of a period of non-user has been given under this section, that notice shall cease to be operative on the date of the registration of such new owner or temporary owner.

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