The Minister of Infrastructure, Jimmy Gasore, has clarified the rationale and implementation of the new vehicle ownership transfer requirement introduced under the recently passed road traffic bill.

Gasore, who tabled the bill passed by Parliament on Monday, January 5, said the provision is designed to protect citizens rather than punish them. If the bill gets presidential assent, it will replace a 1987 law and introduce several reforms in road traffic regulation.

ALSO: New bill sets timeline for vehicle ownership transfer

A draft ministerial order to support the implementation of the law, sets a timeline of 90 days for the transfer of vehicle ownership for transactions that will take place after the bill becomes law. For vehicles sales that took place before the law takes effect, the timeline will be 12 months.

Protection for registered owners

In an interview with The New Times, Gasore said that the ownership transfer requirement was introduced to address long-standing problems faced by vehicle sellers whose names remain on registration records long after they have sold their vehicles.

In practice, the registered owner remains legally accountable for the vehicle until the transfer has been completed, the minister said. He pointed out that if the buyer fails to transfer ownership, any traffic fines, tax arrears or even criminal behaviour linked to that vehicle are attributed to the original registered owner.

Under the current legislation, he said, police lack legal grounds to intervene when a buyer delays or refuses to complete the transfer, since the vehicle was legally sold and paid for.

The new bill provides a legal basis for enforcement by making ownership transfer a formal requirement.

Importantly, failure to transfer ownership is not classified as a criminal offence and does not carry a fine. However, the bill allows authorities to impound the vehicle until the transfer is completed, upon request by the registered owner.

ALSO READ: Mixed reactions from motorists over new road traffic bill

The minister stated that disputes over vehicle ownership have become increasingly common, especially where vehicles are sold multiple times without formal transfer.

There are cases where a vehicle changes hands several times over years. When the issue finally comes up, the current holder may be the fifth owner, facing accumulated taxes or penalties.

This provision is meant to prevent such situations, the minister said, adding that the rule also seeks to address cases where a vehicle is stolen and later recovered, or where payment disputes arise after a sale but ownership was not formally transferred.

"We made it a requirement and we provided a sufficient timeline to ensure that we solve all of these problems related to the ownership transfer of vehicles,” Gasore said.

ALSO READ: Eleven things you need to know about new road traffic bill

How enforcement will work

The bill clearly distinguishes between a vehicle’s driver and its owner, meaning people will not be required to drive only vehicles registered in their own names. Police will not conduct random checks asking drivers to produce ownership documents, Gasore stated.

Enforcement, he said, will only be triggered if a registered owner reports that they sold the vehicle and the buyer has failed to complete the transfer within the allowed time. In such cases, police will have legal authority to locate and temporarily impound the vehicle until the issue is resolved.

The minister underscored that this is not about harassing drivers, it is rather about giving legal protection and "the peace of mind that vehicle that is registered on you is not being used for illegal activities.”

Timelines for ownership transfer

For transactions made before the law comes into force, vehicle owners will be given up to 12 months from the date of publication in the Official Gazette to regularise ownership transfers. Gasore said this period should be sufficient for owners to locate previous sellers or follow legal procedures, including court processes where necessary.

For transactions made after the law takes effect, he said the draft ministerial order proposes a transfer period of about three months, although the final timeline will be set after relevant consultations with the general public.

Gasore specified that police will not intervene unless the deadlines have been missed.

The minister also acknowledged that questions remain regarding accumulated tax arrears in cases where ownership was never formally transferred for many years.

While this issue falls outside the scope of the new law, he said, normally, the person seeking ownership transfer is supposed to settle outstanding obligations.