1978-HKRS28-16-26_Part04 — Page 35

Vehicle not rondwority

at mod in

accordages

en the Ordinance [HT conditque

of vehicle llocaco.

Suspension.

of vehicle

cace order,

(2) A notice under subsection (1), shall- (a) be in a form specified by the Commissioner, and (b) specify the manner in which the motor vehicle does. not accord with the particulars of the motor vehicle-

(D) entered in the register; or

(Ü) contained in the application for registration or notice of transfer of ownership.

TR. Where on the examination of a motor vehicle under this Part it appears to the vehicle examiner that-

(a) the motor vehicle is not roadworthy; or

(6) the motor vehicle does not comply with the Ordinance or any condition subject to which a motor vehicle licence was issued in respect of the vehicle,

he shall-

( if he considers that the use of the motor vehicle on a road would be dangerous to other road users refer the motor vehicle to a specially authorized vehicle examiner who shall make a suspension of vehicle licence order and remove the vehicle licence from the vehicle;,

(i) in any other case, make a vehicle repair order. 75. (1) A suspension of vehicle licence order shall- (a) be in a form specified by the Commissioner;

(b) require the registered owner of the motor vehicle to cause to be carried out the repairs or other work specified in the order;

(c) specify the conditions on which the motor vehicle may be driven and used on a road and in particular specify the manner in which the motor vehicle may be moved from and to the vehicle examination centre; and

(d) be served on the registered owner personally or by

registered post.

(2) A suspension of vehicle licence order shall com- rinue in force in respect of a motor vehicle until the repairs or other work required thereby have been carried out satisfactorily.

(3) Where a suspension of vehicle licence order is in force in respect of a motor vehicle, the registered owner may produce the motor vehicle at such vehicle examination centre and at such time and on such date as may be specified by the Commissioner for examination by a vehicle examiner to ascertain whether the repairs or other work required by the order have been carried out satisfactorily and if such repairs or other work are found to have been so carried out a specially authorized vehicle examiner shall cancel the suspension of vehicle licence order forthwith and restore the vehicle licence to the registered owner.

(4) Where a suspension of vehicle licence order is in force in respect of a motor vehicle, any person who drives that motor vehicle on a road except in accordance with the suspension of vehicle licence order commits an offence and is liable on conviction to a fine of $1,000 and to im- prisonment for 6 months.

Repair orders.

For. Third Schedwe

Fortepe and

9

TT. (1) A vehicle repair order shall-

(2) be in a form specified by the Commissioner;

(b) require the registered owner of the motor vehicle

to--

(1) cause to be carried out the repairs or other work specified in the order; and

(i) produce the motor vehicle at such vehicle examination centrs, and at such time on such date, as shall be specified in the order; and

(c) be served on the registered owner personally or by

registered post.

(2) TE, on the examination of a motor vehicle produced at a vehicle cxamination centre in accordance with a vehicle repair order, the vehicle examiner is not satisfied that the repairs or other work required by the order have been carried oul satisfactorily, he may make à further vehicle repair order under section 72.

(3) The registered owner of a motor vehicle in respect of which a vehicle repair order has been made who fails to produce the motor vehicle for examination at the vehicle examination centre specified in the order at the time and on the date specified in the order commits an offence and Is liable on conviction to a fine of $1,000.

(4) In any proceedings for an offence under sub- section (3) it shall be a good defence for the registered owner to prove that at the date specified in the vehicle repair order for production of the motor vehicle for examination—

(a) the vehicle had been broken up, destroyed or sent

permanently out of Hong Kong, or

(b) the registration book relating to the motor vehicle had been submitted to the Commissioner for can- cellation of the registration.

TU. (1) A fee as specified in the Third Schedule shall be payable in respect of an examination under section 7M, 75(3) and TT()

(2) The Governor in Council may by order published in the Gazelle amend the Third Schedule.

TV. () Ya motor vehicle-

(a) produced at a vehicle examination centre pursuant to a requirement under section 7M or 7N or of a vehicle repair order or pursuant to section 75(3); or (8) driven to a vehicle examination centre under section

70,

is not claimed within 14 days, the Commissioner shall servo personally or by registered post on the owner, the registered owner of the new owner, as the case may be, a notice in writing informing him that unless he-

(i) pays to the Commissioner any fee due under

section 7U; and

(i) removes the motor vehicle from the vehicle examina-

tion ceatre within 7 days of the service of the notice.