(1) If the registered operator of a motor vehicle or S. 116(1) trailer is a person in default, the sheriff may direct amended by No. 32/2006 VicRoads not to transfer to any other person the s. 38(1). registration of that motor vehicle or trailer until the sheriff notifies VicRoads that the direction not to transfer has ceased in accordance with section 117 or, in the case of a deemed direction under section 114(4), has ceased in accordance with section 114(4)(c). Note See section 9AE of the Road Safety Act 1986. (2) Subsection (1) applies whether or not an actual application for transfer of registration has been made. (3) On making a direction under subsection (1), the S. 116(3) amended by sheriff must— No. 32/2006 s. 38(2)(a). (a) cause to be served on the registered operator S. 116(3)(a) amended by of a motor vehicle or trailer who is a person No. 32/2006 in default a notice of the making of a s. 38(2)(b)(i)(ii). direction to VicRoads not to transfer to any other person the registration of the motor vehicle or trailer unless the person— (i) pays the amount outstanding under the S. 116(3)(a)(i) amended by infringement warrant or warrants, as the No. 9/2008 case requires; or s. 36(1)(a). (ii) in the case of a natural person S. 116(3)(a)(ii) amended by (other than a director to whom a Nos 32/2006 declaration under section 91 applies), s. 38(2)(b)(iii), 9/2008 has obtained a payment order in respect s. 36(1)(b). of the amount outstanding to which the direction under subsection (1) applies; or
S. 116(1) amended by No. 32/2006 s. 38(1). (1) If the registered operator of a motor vehicle or trailer is a person in default, the sheriff may direct VicRoads not to transfer to any other person the registration of that motor vehicle or trailer until the sheriff notifies VicRoads that the direction not to transfer has ceased in accordance with section 117 or, in the case of a deemed direction under section 114(4), has ceased in accordance with section 114(4)(c). Note See section 9AE of the Road Safety Act 1986. (2) Subsection (1) applies whether or not an actual application for transfer of registration has been made. S. 116(3) amended by No. 32/2006 s. 38(2)(a). (3) On making a direction under subsection (1), the sheriff must— S. 116(3)(a) amended by No. 32/2006 s. 38(2)(b)(i)(ii). (a) cause to be served on the registered operator of a motor vehicle or trailer who is a person in default a notice of the making of a direction to VicRoads not to transfer to any other person the registration of the motor vehicle or trailer unless the person— S. 116(3)(a)(i) amended by No. 9/2008 s. 36(1)(a). (i) pays the amount outstanding under the infringement warrant or warrants, as the case requires; or S. 116(3)(a)(ii) amended by Nos 32/2006 s. 38(2)(b)(iii), 9/2008 s. 36(1)(b). (ii) in the case of a natural person (other than a director to whom a declaration under section 91 applies), has obtained a payment order in respect of the amount outstanding to which the direction under subsection (1) applies; or
06-12a042.docx