| (1) | Subject to subregulations (2) and (3), a registering authority shall not issue a licence disc in respect of a — |
| (a) | used motor vehicle of which the owner has changed; |
| (b) | motor vehicle in respect of which a notice to discontinue operation was issued as referred to in section 44 of the Act; |
| (c) | motor vehicle built up from parts by a builder who is not required to be registered as such under these regulations; |
| (d) | motor vehicle referred to in regulation 31(1), which was reconstructed or altered; |
| (e) | motor vehicle imported into the Republic by an importer who is not required to be registered as such under these regulations; |
| (f) | motor vehicle manufactured, built, modified or imported by a manufacturer, builder or importer which is not registered in terms of regulation 40(2); |
| (fA) | a motor vehicle referred to in regulation 41(a)(iii), 41(b)(ii), 41(b)(iii) and 41(b)(iv); |
[Regulation 138(1)(fA) substituted by regulation 28 of Notice No. R. 404 of 2007]
| (g) | motor vehicle referred to in regulation 142(1), in respect to which a roadworthy certificate must be held; |
| (h) | motor vehicle referred to in regulation 8(2)(e) in respect of which the certificate referred to in that regulation does not contain the model number referred to in that regulation; |
| (i) | motor vehicle which has been found to be unroadworthy as referred to in regulation 147(6)(a); or |
| (j) | motor vehicle regarded to be unroadworthy in terms of regulation 147(7)(a) due to no reaction within 35 days after issue of notice referred to in the said regulation, |
unless such motor vehicle is certified to be roadworthy as referred to in regulation 141(2), within a period of 60 days prior to such vehicle being licensed.
[Regulation 138(1)(j) substituted by regulation 5(a) of Notice No. R. 541 of 2011]
| (2) | The provisions of subregulation (1)(a) and (g) shall not apply in respect of a— |
| (a) | motor vehicle which was stolen and of which an insurance company has after the recovery thereof become the owner in terms of an insurance policy; |
| (b) | motor vehicle referred to in regulation 6(c) which was repossessed; |
| (c) | motor vehicle referred to in regulation 21(1) or 21(5), which is specially classified in respect of the payment of motor vehicle licence fees; or |
[Regulation 138(2)(c) substituted by regulation 34(a) of Notice No. 2116 of 2001 with effect from 1 January 2002]
| (d) | [Regulation 138(2)(d) deleted by regulation 38 of Notice No. R. 1341 of 2003] |
| (3) | The provisions of subregulation (1)(a) shall not apply in respect of— |
| (a) | a motor vehicle acquired from a deceased spouse; |
| (b) | a motor vehicle of which the owner changes due to— |
| (i) | the reconstruction of a company; |
| (ii) | the amalgamation of companies; |
| (iii) | the takeover of a company; |
| (iv) | a scheme of arrangement in terms of section 311 to 313 of the Companies Act, 1973 (Act No. 61 of 1973); or |
| (v) | the reconstruction of a close corporation, |
if, in the circumstances referred to in item (i), (ii) (iii) or (iv) board resolution or member resolution of the company who is the registered owner of such motor vehicle, as the case may be, sanctioning such reconstruction, amalgamation or takeover, or in the circumstances referred to in item (iv), the court order sanctioning such scheme of arrangement, is submitted to the registering authority concerned;
| (c) | a motor vehicle other than a motor vehicle referred to in regulation 142(1) of which the owner has changed within 60 days after the date of liability for the first licensing of such motor vehicle; or |
[Regulation 138(3)(c) substituted by regulation 5(b) of Notice No. R. 541 of 2011]
| (d) | a motor vehicle in the case of which the branch of a business or body of persons is deemed to be the title holder or owner thereof in terms of regulation 6(a), where another branch of that business or body of persons becomes the owner or title holder. |
