(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle.
(2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.
(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration.
(4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.
(5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), and for reasons to be recorded in writing cancel the registration.
(6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle.
(7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.
(8) The expression “original registering authority” in this section and in sections 41, 49, 50, 51, 52, 53, and 54 means the registering authority in whose records the registration of the vehicle is recorded.
(9) In this section, “certificate of registration” includes a certificate of registration renewed under the provisions of this Act.
Simplified Explanation
This section outlines the circumstances under which the registration of a motor vehicle can be canceled by the Registering Authority. The cancellation of registration generally occurs when the vehicle is no longer fit for use or in cases where the vehicle is no longer in service or operational.
Main Points of Section 55:
- Conditions for Cancellation: The Registering Authority may cancel the registration of a vehicle in the following cases:
- Destruction or Complete Damage: If the vehicle has been destroyed or permanently damaged and cannot be used on the road, the registration will be canceled.
- Vehicle Taken Off the Road: If the vehicle has been declared unfit for use or is not being used anymore, the registration may be canceled. This includes vehicles that have been scrapped or no longer serve their intended purpose.
- Transfer to Another State: When a vehicle is permanently moved from one state to another, its registration in the original state may be canceled after it is re-registered in the new state.
- Failure to Maintain Fitness Certificate: If a vehicle fails to renew its fitness certificate, which is required for commercial vehicles, the registration may be canceled. The fitness certificate ensures that the vehicle is roadworthy and safe to operate.
- Owner’s Responsibility:
- If the vehicle is no longer in use (due to scrapping, destruction, or permanent removal from service), the vehicle owner must inform the Registering Authority and apply for cancellation of the registration.
- The owner must also surrender the Registration Certificate (RC) and the vehicle’s number plates to the Registering Authority for the cancellation process to be completed.
- Notice from Registering Authority:
- Before canceling a vehicle’s registration, the Registering Authority issues a notice to the owner, giving them an opportunity to explain why the registration should not be canceled.
- If the owner does not respond or if the explanation is not satisfactory, the registration can be canceled after the notice period.
- Certificate of Non-Use:
- If a vehicle is temporarily not being used, the owner may file a certificate of non-use with the RTO. However, this is different from cancellation. In this case, the registration remains active but acknowledges that the vehicle is not in operation for a specific period.
- Effect of Cancellation:
- Once the registration is canceled, the vehicle cannot be used on public roads.
- The cancellation is final, meaning the vehicle is considered non-operational, and the number plates must be removed.
- Restoration of Registration:
- In some cases, if a vehicle is repaired or restored after being damaged or taken off the road, the owner can apply for the re-registration of the vehicle. This is subject to approval by the Registering Authority after a detailed inspection.
Why is Section 55 Important?
- It ensures that vehicles that are no longer safe, damaged, or destroyed are removed from circulation.
- It provides a legal framework for ending the registration of vehicles that are permanently unfit for road use, ensuring that such vehicles don’t cause safety risks.
- It also allows owners to voluntarily declare when a vehicle is no longer in use or has been scrapped.
Practical Example:
Let’s say you own a car that was involved in a serious accident and was declared beyond repair by an insurance company. You must then inform the RTO about the condition of the car and apply for cancellation of its registration.
The RTO will ask you to surrender the car’s Registration Certificate (RC) and number plates. Once these are submitted and processed, the registration is officially canceled, and the vehicle can no longer be driven legally.
Conclusion:
Section 55 ensures that unfit or destroyed vehicles are properly removed from the road, safeguarding road safety and preventing any misuse of such vehicles. It gives both the authorities and vehicle owners clear steps for canceling registrations when vehicles are no longer operational.
