| (1) |
No person shall, either for himself or herself, the State or on behalf of another person— |
| (a) |
dispose of or deliver or trade with a motor vehicle unless— |
| (i) |
such motor vehicle, if required to be registered and licensed in terms of this Chapter, is so registered and licensed; and |
| (ii) |
the registration certificate, and if the motor vehicle is required to be licensed, the motor vehicle licence, accompanies the motor vehicle concerned; or |
[Regulation 53(1)(a) substituted by regulation 21(a) of Notice No. R. 1341 of 2003]
| (b) |
acquire or take delivery of a motor vehicle if the motor vehicle may not be disposed of or delivered or traded with in terms of paragraph (a). |
| (2) |
If a motor vehicle forms part of the estate of a deceased person, the executor or executrix of the estate shall ensure that the motor vehicle is registered and licensed if required to be registered and licensed in terms of this Chapter, and that the registration certificate, and if the motor vehicle is required to be licensed, the motor vehicle licence, accompanies the motor vehicle concerned. |
| (3) |
If there is a change of title holder of a motor vehicle, except in the case where the current title holder has been authorised access to the register of motor vehicles and to update the register of motor vehicles, the current title holder of such motor vehicle shall— |
| (a) |
complete the relevant portion of form NCO as shown in Schedule 2; |
| (b) |
if the owner of the motor vehicle is the buyer of the motor vehicle concerned, complete the relevant portion of such form on behalf of such owner. If the owner of the motor vehicle is not the buyer of the motor vehicle concerned, the current title holder of such vehicle shall ensure that the new title holder completes the relevant portion of such form. Provided that if the current title holder cannot ensure the completion of the relevant portion of the form by the new title holder, the current title holder shall complete the relevant portion of such form on behalf of the new title holder and shall attach an affidavit to this effect to the form; |
[Regulation 53(3)(b) substituted by regulation 13 of Notice No. R. 404 of 2007]
| (c) |
forward the form referred to in paragraph (a) to the appropriate registering authority forthwith; and |
| (d) |
hand over the registration certificate concerned to the new title holder, but where the owner is in possession of such certificate, that owner shall hand over that certificate to the new title holder. |
[Regulation 53(3) substituted by regulation 8(a) of Notice No. R. 589 of 2009]
| (4) |
If there is a change of owner of a motor vehicle, the current owner of such motor vehicle shall notify the registering authority where such motor vehicle is licenced of such change and shall identify the new owner of such motor vehicle, on form NCO as shown in Schedule 2. |
[Regulation 53(4) substituted by regulation 2(o) of Notice No. R. 1066 of 2005]
| (5) |
On receipt of a notification referred to in subregulation (3) or (4), the registering authority— |
| (a) |
shall ensure that such notification is in order; |
| (b) |
shall update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles; and |
| (c) |
may acknowledge receipt of such notice on form ARN as shown in Schedule 2. |
| (6) |
For the purposes of this regulation, every branch of a business or body of persons referred to in paragraph (a)(ii), (iii) and (iv) of the definition of "appropriate registering authority" in regulation 1, shall be deemed to be a title holder or owner, as the case may be. |
| (7) |
if there is a change of title holder of a motor vehicle, where the current title holder has access to the electronic notice of change of ownership transaction, the current title holder of such motor vehicle shall perform the electronic notice of change of ownership transaction and enter the particulars of the new title holder. |
[Regulation 53(7) inserted by regulation 8(b) of Notice No. R. 589 of 2009]
National Environmental Management Act, 1998 (107 of 1998)
