Suspension of registration
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Summary
Registering or other prescribed authorities can suspend a vehicle's registration if it is dangerous, does not comply with the Act or rules, or is being used for hire without a valid permit. The owner is sent a registered-post notice and given a chance to make representations; reasons must be recorded. Suspension lasts until defects are fixed, or up to four months for illegal hire. The owner must surrender the registration certificate, which is returned only when suspension is lifted.
Example
Ravi's goods vehicle is found carrying goods for hire but lacks a valid permit. The authority sends a registered-post notice and gives Ravi a chance to reply. They suspend the registration for up to four months and ask him to surrender the registration certificate. He gets the certificate back only when the suspension is rescinded.
Bare Act
Enacted text(1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction—
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(a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or
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(b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle—
(i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and
(ii) in any case falling under clause (b), for a period not exceeding four months.
(2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.
(3) Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension.
(4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration.
(5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before.
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