Particulars about used motor vehicles must be displayed
The Select Committee has recommended that it be made clear that a motor vehicle trader who offers or displays a used motor vehicle for sale, or causes or permits a used motor vehicle to be offered or displayed for sale, must ensure that a notice containing certain particulars is attached to the vehicle in a prominent position. This notice contains a statement setting out the effect of Section 58 of the Personal Property Securities Act 1999 (relating to whether or not the buyer or lessee of a motor vehicle who acquired the motor vehicle for value takes the motor vehicle free of any security interest in that motor vehicle).
The Select Committee has further recommended that it be stated in the Bill that where a motor vehicle is offered or displayed for sale by a motor vehicle trader through a "car market operator's facility"
(as referred to in paragraph (a)(ii) of the definition of car market operator in Section 6(1) of the Act - i.e. a trader on the internet), the motor vehicle trader complies with the obligation to display such a notice if that notice is readily accessible from the place where the motor vehicle is offered or displayed for sale and the place through which, or by means of which, the contract for sale may be completed (Part 1, Clause 7, substituting New Section 14; cf. Section 15(1) of the Act).
Comment
These amendments are made " ... to distinguish between internet advertisements that offer the ability to enter into a contract to buy the vehicle on line, and therefore should display a consumer information notice, and advertisements that are effectively classified advertisements, for which the provision of a consumer information notice would be an unnecessary and onerous requirement
.
Statutory declaration for new overseas directors
The Bill as introduced imposes an obligation on motor vehicle traders that are companies to notify the Registrar if a new person becomes involved in the management of the company.
The Select Committee has recommended that new overseas directors must certify that they are not disqualified from registration in their own right. No more than three directors may take advantage of this provision at any time (Part 1, Clause 12, New Section 40A, inserting new subsections (4) and (5)).
Jurisdiction of the Motor Vehicle Disputes Tribunal
The Select Committee has recommended that the Motor Vehicle Disputes Tribunal be given the ability to hear claims under the Contractual Remedies Act 1979 (Part 1, New Clause 15A, amending Section 89(1)(a) and (b) of the Act).
