sec.19Special provisions applicable to sale of motor vehicles

sec.19 Special provisions applicable to sale of motor vehicles

Where the bailee of any motor vehicle intends to sell the motor vehicle under this Act, the bailee shall, not less than 1 month before the sale and before making any application for an order to sell the vehicle under part 3 , give notice to the commissioner of the police service of the bailee’s intention to sell, or to make application to sell, the vehicle, together with the particulars of the make, model type, colour, registration number, chassis number (if any), body number (if any), and engine number of the vehicle and how and when it came into the bailee’s possession. Where any part of a motor vehicle is removed under the contract under which the goods were accepted by the bailee and the number thereof is required to be furnished under subsection (1) , the notice under subsection (1) shall include the number of the part so removed. Upon receipt of any such notice and particulars, the commissioner shall cause a search to be made of the records in the commissioner’s custody and shall forward to the bailee a certificate as to whether or not the motor vehicle referred to is for the time being recorded as stolen. Any bailee who sells a motor vehicle under this Act, or makes an application for an order under part 3 to sell the vehicle, without first having obtained from the commissioner of the police service a certificate that the motor vehicle is not recorded for the time being as stolen, is guilty of an offence against this Act. In any proceedings arising out of the sale of a motor vehicle under this Act, a certificate purporting to be signed by the commissioner of the police service or by a police officer who has been authorised in writing in that behalf by the commissioner of the police service, to the effect that any motor vehicle was or was not at any time stated in such certificate recorded as being stolen shall be prima facie evidence of the facts stated therein. s 19 amd 1988 No. 6 s 3 ; 1995 No. 58 s 4 sch 1 (sec.19-ssec.1) Where the bailee of any motor vehicle intends to sell the motor vehicle under this Act, the bailee shall, not less than 1 month before the sale and before making any application for an order to sell the vehicle under part 3 , give notice to the commissioner of the police service of the bailee’s intention to sell, or to make application to sell, the vehicle, together with the particulars of the make, model type, colour, registration number, chassis number (if any), body number (if any), and engine number of the vehicle and how and when it came into the bailee’s possession. (sec.19-ssec.1A) Where any part of a motor vehicle is removed under the contract under which the goods were accepted by the bailee and the number thereof is required to be furnished under subsection (1) , the notice under subsection (1) shall include the number of the part so removed. (sec.19-ssec.2) Upon receipt of any such notice and particulars, the commissioner shall cause a search to be made of the records in the commissioner’s custody and shall forward to the bailee a certificate as to whether or not the motor vehicle referred to is for the time being recorded as stolen. (sec.19-ssec.3) Any bailee who sells a motor vehicle under this Act, or makes an application for an order under part 3 to sell the vehicle, without first having obtained from the commissioner of the police service a certificate that the motor vehicle is not recorded for the time being as stolen, is guilty of an offence against this Act. (sec.19-ssec.4) In any proceedings arising out of the sale of a motor vehicle under this Act, a certificate purporting to be signed by the commissioner of the police service or by a police officer who has been authorised in writing in that behalf by the commissioner of the police service, to the effect that any motor vehicle was or was not at any time stated in such certificate recorded as being stolen shall be prima facie evidence of the facts stated therein.