(1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein.
(2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (4):
Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount.
(3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177.
(4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address.
(5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration.
(6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority.
(7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.
Simplified Explanation
Section 49 mandates that when the owner of a registered vehicle changes their residence or place of business, they must notify the Regional Transport Office (RTO) where the vehicle is registered. This ensures that the vehicle’s registration records are kept up to date, reflecting the current address of the owner.
Key Points
- Obligation to Notify Change:
- If the registered owner of a motor vehicle changes their address (residence or place of business), they are legally required to notify the RTO where the vehicle is registered.
- This applies whether the move is within the same state or to another state.
- Time Frame for Notification:
- The owner must notify the RTO within 30 days of the change in residence or place of business.
- This ensures that the registration authority has updated and accurate records of the vehicle owner’s location.
- Application for Change of Address:
- To update the address, the vehicle owner must submit an application to the registering authority where the vehicle is registered.
- The application should include:
- Form 33 (for intimation of change of address).
- The Registration Certificate (RC) of the vehicle.
- Proof of the new address (such as a utility bill, lease agreement, or other acceptable documents).
- Valid insurance and pollution under control (PUC) certificates.
- If the owner has moved to another state, additional procedures (such as obtaining a No Objection Certificate (NOC)) may be necessary.
- Verification of Details:
- The RTO will verify the application and documents submitted, ensuring that the new address is genuine and that the vehicle is still eligible for registration.
- If everything is in order, the RTO will update the Registration Certificate (RC) with the new address.
- Consequences of Not Updating Address:
- Failure to notify the RTO of a change in residence or business address within the stipulated time can lead to penalties.
- In some cases, if the vehicle owner does not update the address, it could lead to complications when renewing the registration, transferring ownership, or if the vehicle is involved in a legal matter.
- Change of State:
- If the owner moves to a different state and plans to stay there for more than 12 months, they will need to comply with Section 47 of the Act, which requires re-registration in the new state. This often involves applying for a new registration mark and paying applicable taxes.
Example Scenario
If someone owns a car registered in Pune and they move to a new residence in Mumbai, they must notify the Pune RTO of their change of address within 30 days. They would need to fill out Form 33, submit their Registration Certificate (RC), proof of the new address, and other relevant documents. Once the RTO verifies the information, the new address will be updated in the RC.
If the person moves to a different state, like Karnataka, they will first need a No Objection Certificate (NOC) from the Pune RTO and will eventually need to apply for re-registration in Karnataka after 12 months of residence.
Importance
Updating the address in vehicle registration records ensures that:
- Authorities can contact the owner in case of legal, traffic, or tax-related issues.
- The vehicle’s documentation remains accurate and up to date.
- The owner avoids any potential fines or complications related to outdated registration records.
Conclusion
Section 49 of the Motor Vehicles Act ensures that vehicle owners promptly notify the RTO about any change in residence or place of business. This requirement helps keep the vehicle’s registration information accurate and ensures smooth communication between the owner and transport authorities. The vehicle owner must complete the process within 30 days of the move.
