Motor Traffic (Amendment) Law

Motor Traffic (Amendment) Law A LAW TO AMEND THE MOTOR TRAFFIC ACT. BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows:- Short title. 1. This Law may be cited as the Motor Traffic (Amendment) Law, No, 12 of 1975. Amendment of section 30 of Chapter 203. 2. Section 30 of the Motor Traffic Act (hereinafter referred to as the ” principal enactment “) is hereby amended as follows: – (1) in subsection (1) of that section, by the substitution for paragraph (e) of that subsection, of the following new paragraph:- ” (e) be made on or before the thirty-first day of December in the year immediately preceding the year for which the licence is required:”; and (2) in the proviso to that section- (a) by the substitution for clause (iii) of that proviso, of the following new clause:- ” (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; “; and (b) by the insertion, immediately after clause (iii) of that proviso, of the following new clause:- ” (iv) on the change of possession of a lorry, the application shall be made within three days of the date on which the change of possession takes place” Replacement of section 41 of the principal enactment. 3. Section 41 of the principal enactment is hereby repealed and the following new section substituted therefor: ” Issue of new revenue licences for lorries on change of possession. 41. On any change of possession of; a lorry, the new owner of that lorry shall make application in accordance with the provisions of section 30 for a new licence for that lorry, and the provisions of that section and of the other sections of this Part shall apply accordingly” Replacement of section 225 of the principal enactment. 4. Section 225 of the principal enactment is hereby repealed and the following new section substituted therefor; ” Powers of court to order recovery of licence fee and penalty. 225. (1) Where any court convicts any person of the offence of possessing or using a motor vehicle in contravention of section 25 (1), and a certificate Is produced., signed by the licensing authority and stating the amount payable as fee on a revenue licence for that-motor vehicle under this Act and penalty under section 29 of the Finance Act, No, 38 of 1971, the court shall, in addition to any other punishment which it-may Impose for that offence, order a sum equal to that amount to be recovered from that person, as though it were a. line imposed by the court; and any such sum may be so recovered notwithstanding– that it may exceed the amount of the fine which the court may in the exercise of its ordinary jurisdiction impose. Every such sum when recovered by the court, shall be disposed of in like manner as the fee and penalty payable on a revenue licence for that motor vehicle. (2) Any person, who is dissatisfied with any order made under subsection (1) may, if he appeals against the conviction in consequence of which the order was made, appeal against the order to the Supreme Court and the provisions of Chapter IV of the Administration of “Justice Law, No. 44 of 1973, shall, in so far as they apply to appeals in criminal cases, apply to such appeal. (3) Where a sum equal to the fee payable on the revenue licence required for any motor vehicle in respect of any year or part of a year and the penalty is recovered from any person in pursuance of any order made under subsection (1) or by the Supreme Court under subsection (2), and that motor vehicle is fit to be used on a highway and all other requirements of this Act relating to. the licensing of motor vehicles have been complied with in respect of that motor vehicle, the licensing authority shall issue a revenue licence for that motor vehicle in respect of that year or part of a year in like manner as if the application for such licence had been duly made under Part III and accompanied by the amount of the fee and penalty. Amendment of section 240 of the principal enactment. 5. Section 240 of the principal enactment ‘(as amended by Act No. 88 of 1971) is hereby further amended, by the insertion, immediately after the definition of ” invalid carriage “, of the following new definition: “land vehicle” means any mechanically propelled vehicle (including a trailer) intended for use on land in connection, with an agricultural or constructional purpose such as levelling, dredging, earth-moving, forestry or any similar operation and authorized in that behalf by the Registrar of Motor Vehicles, but does not include a road-roller;’.