3. The principal Rules are amended by inserting, immediately after rule 3E, the following rule (with illustration):“Registration of replacement vehicle |
3F.—(1) The Registrar may, upon an application under rule 3 and payment of a processing fee of $20, register a replacement vehicle in substitution of the original vehicle if the certificate of entitlement of the original vehicle has been transferred to the replacement vehicle under rule 19A of the Road Traffic (Motor Vehicles, Quota System) Rules (R 31).(2) Upon the registration of the replacement vehicle —(a) | the replacement vehicle shall be deemed to have been registered on the date of registration of the original vehicle for the purposes of the Act; | (b) | the registration of the original vehicle shall be cancelled under section 27(d) of the Act; | (c) | the licence issued in respect of the original vehicle under Part VI may be transferred to the replacement vehicle under rule 41A; and | (d) | the index mark and registration number of the original vehicle shall be re-assigned to the replacement vehicle. |
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(3) No fee shall be payable under rule 6 (registration fee) on the registration of a replacement vehicle. |
(4) The amount of the rebate calculated in accordance with paragraph (5) shall be set off against the additional registration fee stipulated in Part II of the First Schedule to be payable in respect of the replacement vehicle under rule 7(1) or (7). |
(5) The amount of the rebate referred to in paragraph (4) shall be the sum of —(a) | the additional registration fee paid in respect of the registration of the original vehicle; and | (b) | any residual value allowed under rule 20 of the Road Traffic (Motor Vehicles, Quota System) Rules or rebate granted by the Registrar under rule 8(4), which was set off against the additional registration fee payable in respect of the registration of the original vehicle. |
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(6) Except for the rebate provided under paragraph (5)(b), no other residual value allowed under rule 20 of the Road Traffic (Motor Vehicles, Quota System) Rules or rebate granted by the Registrar under rule 8(4) shall be set off against the additional registration fee in respect of the registration of the replacement vehicle. |
(7) For the avoidance of doubt, the rebate referred to in paragraph (4) shall apply in addition to any other rebates granted by the Registrar under these Rules which may be set off against the additional registration fee in respect of the registration of the replacement vehicle. |
(8) Where the sum of all the rebates which may be set off against the additional registration fee in respect of the registration of the replacement vehicle exceeds the amount of that additional registration fee, the excess amount of the rebate shall be paid to the last registered owner of the original vehicle. |
(9) If the replacement vehicle is a secondhand vehicle, a rebate equal to the sum specified in rule 7(1A) (secondhand vehicle surcharge) and paid in respect of the original vehicle (if any) shall be set off against the sum payable under rule 7(1A) in respect of the replacement vehicle. |
(10) Upon the transfer of a licence issued in respect of the original vehicle to the replacement vehicle under paragraph (2)(c) —(a) | a rebate equal to the refund that would be payable by the Registrar under rule 65 if the licence were surrendered on the actual registration date shall be set off against the licence fee payable under Part VI in respect of the replacement vehicle for the unexpired period of the licence so transferred; and | (b) | no such licence fee shall be payable for the replacement vehicle in respect of the period between the deemed registration date and the eve of the actual registration date (both dates inclusive). |
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(11) Where the amount of any rebate under paragraph (9) or (10), as the case may be, exceeds the amount against which it may be set off, the excess amount of the rebate shall be paid to the last registered owner of the original vehicle. |
(12) Notwithstanding rules 33E(6) and 33G(3), if on the actual registration date both the original vehicle and the replacement vehicle are new scheme off-peak cars within the meaning of rule 33E or 33G, the rebate for the eligibility period or rebate period under rule 33E(4) or 33G(1), as the case may be, shall be payable at the end of that period —(a) | for the original vehicle on a pro-rata basis (discounting the period running from the actual registration date); and | (b) | for the replacement vehicle on a pro-rata basis (discounting any period before the actual registration date). |
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(13) Except as provided in this rule, no fee or part thereof which has been paid under rule 6, 7 or 36 for the original vehicle shall be refunded upon the cancellation of the registration of the original vehicle under paragraph (2)(b). |
(14) For the avoidance of doubt, this rule shall not allow any replacement vehicle to be registered under a different registration scheme from that of the original vehicle.Where the original vehicle was an off-peak car, a PU-registered vehicle or an RU-registered vehicle, the replacement vehicle may only be registered under this rule as an off-peak car, a PU-registered vehicle or an RU-registered vehicle respectively. |
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(15) In this rule —“actual registration date”, in relation to a replacement vehicle, means the date on which the replacement vehicle is registered pursuant to paragraph (1); |
“deemed registration date”, in relation to a replacement vehicle, means the date on which the replacement vehicle is deemed to have been registered pursuant to paragraph (2)(a).”. |
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