PART: Motor Vehicle Licences ss 1622

CHAPTER: 69:01

16.     Motor vehicles to be licensed

            (1) No person shall own or possess a motor vehicle or trailer, or use it on a road, unless such vehicle is licensed under and in accordance with this Part:

            Provided that this section shall not apply in the case of a motor vehicle or trailer-

      (i)     lawfully used under the authority of and in accordance with the conditions of a motor dealer's licence;

      (ii)     lawfully in Botswana in accordance with regulations made by the Minister under section 130 of this Act;

     (iii)     which is owned by and in the possession of a motor dealer for the purpose of sale;

    (iv)     which is being driven to or from any place specified by a licensing officer for inspection or testing, or while it is being tested by a motor vehicle examiner; or

     (v)     exempted under subsection (2) or any other provision of this Act.

            (2) Where the owner or person in possession of a motor vehicle or trailer gives written notice to the Director that for a stated period he does not intend that it shall be used on a road, and it is not at any time used on the road during such period, or where he satisfies the Director that for a stated period such vehicle was not used on a road, it shall not be necessary for such vehicle to be licensed under this Part during the stated period.

17.     Application for motor vehicle licence

            Applications for motor vehicle licences shall be made to a licensing officer in the prescribed form accompanied by the prescribed fee and the vehicle registration book.

18.     Conditions for the issue of motor vehicle licences

            (1) A licensing officer shall not issue or renew a motor vehicle licence or carry out any other transaction regarding the vehicle unless he is satisfied that-

     (a)     the vehicle is duly registered;

     (b)     the particulars in the registration book are correct;

     (c)     the vehicle is duly and validly insured in accordance with any written law relating to vehicle insurance;

     (d)     any licence issued in respect of such vehicle has not been cancelled or revoked;

     (e)   there is no outstanding fine owed to the Government relating to the use of the vehicle in contravention of the provisions of this Act.

            (2) Before issuing or renewing a motor vehicle licence in respect of any vehicle of a class or description prescribed for the purposes of this subsection, a licensing officer shall require the applicant to produce a certificate of roadworthiness showing that the vehicle has been examined by a motor vehicle examiner during the three months immediately preceding the commencement of the licence and that the vehicle complies with the provisions of this Act:

            Provided that a certificate issued under section 108(2)(g) and dated not earlier than three months before the commencement of the licence shall be deemed to be a certificate of roadworthiness for the purposes of this section.

            (3) Where under this section the owner of any motor vehicle is required to have it examined by a motor vehicle examiner, he shall make application therefor in the prescribed form, paying the prescribed fee, and thereupon a motor vehicle examiner shall examine the vehicle and shall issue a certificate in the prescribed form certifying that the vehicle is roadworthy or is not roadworthy.

            (4) A certificate certifying that a vehicle is not roadworthy shall state the reasons why the motor vehicle examiner considers the vehicle not to be roadworthy.

19.     Motor vehicle licences

            Motor vehicle licences shall be in the prescribed form, and may be issued for such period and upon payment of such fees as may be prescribed:

            Provided that, where a period is prescribed, a licence issued before the period is prescribed shall not be invalid solely because the period for which it was issued is different from that prescribed.

20.     Licence to be carried on vehicle

            A motor vehicle or trailer which is required to be licensed under this Part shall not be used on a road unless the motor vehicle licence or such part thereof as may be prescribed, which shall be legible and not defaced or mutilated, is carried on the vehicle in the prescribed manner.

21.     Duplicate motor vehicle licences

            Where a motor vehicle licence is lost, defaced, mutilated or rendered illegible, the Director shall, on being satisfied that the licence has been so lost, defaced, mutilated or rendered illegible, and that the person applying on the prescribed form and paying the prescribed fee is entitled to the issue of such licence, issue or cause to be issued a duplicate of the licence:

            Provided that where a motor vehicle licence which has been lost is subsequently found the duplicate shall be returned to the Director for cancellation.

22.     New motor vehicle licence required in certain circumstances

            (1) The holder of a motor vehicle licence shall apply for a new motor vehicle licence where-

     (a)     he desires to use the vehicle for any purpose not authorized by the licence; or

     (b)     the vehicle is so altered that a higher duty or duty of a different class is required.

            (2) A new motor vehicle licence shall not be issued under this section until the old licence has been surrendered for cancellation and the prescribed fee paid.