Land Transport and Related Matters (No. 2) Bill · cl 62

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In the RTA, after section 10B, insert —“Selling de-registered vehicles, etc., for keeping or use on roads10C.—(1) Subject to this Act, a person (A) shall be guilty of an offence if —(a)A sells or supplies a vehicle to another person (B);(b)at the time the vehicle is sold or supplied, or offered for sale or supply, the vehicle is a de‑registered vehicle or unregistered vehicle; and(c)at the time the vehicle is sold or supplied, or offered for sale or supply, A knows that, or is reckless as to whether or not, B intends to keep or use the vehicle on a road in contravention of section 10(1).(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and(b)in the case of a second or subsequent conviction — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both.(3) It is a defence to any prosecution for an offence under subsection (1) if the accused proves, on a balance of probabilities, that —(a)the accused had received from B, evidence purporting to show that B does not intend to keep or use the vehicle on any road in contravention of section 10(1); and(b)it was reasonable to accept, and the accused did accept, that evidence as correct.(4) In this section, “sell” or “supply” includes causing a person to sell or supply.(5) To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871.”.

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cl 62New section 10C

In the RTA, after section 10B, insert —“Selling de-registered vehicles, etc., for keeping or use on roads10C.—

(1)

Subject to this Act, a person (A) shall be guilty of an offence if —

(a)

A sells or supplies a vehicle to another person (B);

(b)

at the time the vehicle is sold or supplied, or offered for sale or supply, the vehicle is a de‑registered vehicle or unregistered vehicle; and

(c)

at the time the vehicle is sold or supplied, or offered for sale or supply, A knows that, or is reckless as to whether or not, B intends to keep or use the vehicle on a road in contravention of section 10(1).

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in the case of a second or subsequent conviction — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 4 years or to both.

(3)

It is a defence to any prosecution for an offence under subsection (1) if the accused proves, on a balance of probabilities, that —

(a)

the accused had received from B, evidence purporting to show that B does not intend to keep or use the vehicle on any road in contravention of section 10(1); and

(b)

it was reasonable to accept, and the accused did accept, that evidence as correct.

(4)

In this section, “sell” or “supply” includes causing a person to sell or supply.

(5)

To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871.”.