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 licence.

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 licences.

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 licences for motor vehicles.

122A. Categories of driving licences.

123. Prohibition of driving without driving licences.

124. Application for a Learners Permit and Driving Licences.

124A. Driving Licences Fund.

124B. Motor Traffic Appeals Board.

124C. Medical Committee.

124D. Appeals to Medical Committee.

125. Issue of driving licences.

126. Duration of .

126A. Replacement of driving licences.

126B. Renewal of a driving licence.

127. Refusal to issue driving communicated to applicant.

128. Validity of driving licences.

128A. Emergency service vehicles and public service vehicles.

128B. Special purpose vehicles.

128C. Driving a motor vehicle loaded with chemicals or hazardous waste &c.

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

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

131. Power to issue driving licences without driving test to holder of driving licences 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 licence in physical or mental disability.

133A. Demerit points.

133B. Demerit points to be included when imposing the penalty for offences under this Act.

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. 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 licences 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,

18 of 2017.

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 licences 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, motor home, quadricycle, 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 vehicle used by persons with disabilities as the case may be shall be registered as such.

[S 5(2)(a) subs by s 8 of Act 8 of 2009; am by s 3 of Act 18 of 2017.]

(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 licences 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 licence 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 licence 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 licence 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.]

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