23.     Motor dealer's licence

            (1) The Director may issue to a motor dealer, upon application in the prescribed form and upon payment of the prescribed fees, such number of motor dealer's licences as the applicant may require, and with each such licence shall issue two identification plates in the prescribed form.

            (2) Subject to sections 24, 25, 26, and 27, and to any other conditions which may from time to time be prescribed, the holder of a motor dealer's licence shall use the said licence only in respect of vehicles in his possession in the course of his business as a motor dealer, and shall not use more than one such vehicle under the authority of one licence at any one time.

24.     Use of motor dealer's licence

            (1) A vehicle shall not be used on a road under the authority of a motor dealer's licence-

     (a)     unless such vehicle carries identification plates issued under section 23(1), displayed in the prescribed manner;

     (b)     to convey passengers or goods for hire or reward;

     (c)     to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle, and no such load, and no part thereof, shall be removed from the motor vehicle at any time between the departure from and the return to the loading place of the motor vehicle, except in the case of an accident; or

     (d)     except with the permission in writing of the Director, for any purpose other than-

           (i)       for proceeding to or returning from any inspection, examination or test as provided for by this Act;

          (ii)       for proceeding from the premises of a motor dealer to a railway station for entraining, or from a train to such premises;

          (iii)       for test or trial during or after completion, construction, assembly or repair;

         (iv)       for test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it;

          (v)       for proceeding to or from a public weighbridge for the purpose of its weight being ascertained or to or from a place for registration;

         (vi)       for exportation outside Botswana;

        (vii)       for importation into Botswana;

        (viii)       for proceeding from the premises of a motor dealer to the premises of a purchaser or of another motor dealer;

         (ix)       for towing a motor vehicle which while being driven upon a road has become unable to proceed under its own power from the place where it has broken down to a place for repair or storage;

          (x)       for proceeding to or returning from a workshop in which a body is to be or has been fitted to the motor vehicle or where the motor vehicle is to be or has been painted or repaired; or

         (xi)       for proceeding to or returning from an exhibition of motor vehicles.

            (2) In any proceedings under this section, the burden of proving the fact of an accident for the purposes of subsection (1)(c) shall lie on the person charged.

            (3) A motor vehicle shall not be used on any road under the authority of a motor dealer's licence unless the holder of the licence, or a person duly authorized by him, accompanies such vehicle.

            (4) Not more than two persons, in addition to the driver, shall be carried within or upon any such vehicle and such persons shall be limited to a prospective purchaser and his agent or a member of his family or, in the case of a vehicle proceeding to or from an accident, two mechanics.

            (5) Upon the issue of a motor dealer's licence, the Director shall also supply to the person to whom such licence is issued a book in a form approved by the Director, in which the holder of such licence shall on each occasion and before such licence is used complete in duplicate the entries for which provision is therein made.

            (6) One copy of such entries shall remain in the book and the other copy shall be carried with the vehicle during the whole of the journey to which such entries relate, and shall be produced at any time during such journey by the driver for inspection upon demand made by any police officer, authorized officer, licensing officer or the Director.

            (7) Every such book shall be produced at all reasonable times for inspection by a police officer, authorized officer, licensing officer or the Director, and shall be kept available for inspection at the place specified in the declaration made on application for the motor dealer's licence as the place at which the book will be kept.

            (8) Any person who defaces or mutilates any such book, or makes any entry therein which is to his knowledge false or misleading, or alters or obliterates any entry made therein, or except as provided by this Act makes any entry therein or addition thereto, or after its removal from such book makes, alters or obliterates any entry in any copy to be carried on the vehicle, shall be guilty of an offence and liable to the penalties provided in section 29.

25.     Duration of motor dealer's licence

            (1) A motor dealer's licence shall continue in force until the 31st December next following the date of issue.

            (2) Every motor dealer's licence shall cease to be valid if the motor dealer ceases to carry on business as a motor dealer in the district for which it is issued.

            (3) When a motor dealer's licence expires or is cancelled or otherwise ceases to be valid under this Act, the holder of the licence shall deliver to the Director the identification plates which were issued to such holder with such licence:

            Provided that upon the expiry of the licence the holder may retain the identification plates issued with such licence if he applies for and is issued with a new licence in respect of the same identification plates and such new licence would during the period of its validity authorize the use of such identification plates in the same manner as the expired licence.

26.     Cancellation of motor dealer's licence

            (1) The Director may at any time cancel a motor dealer's licence for a breach of any of the provisions of this Act which relate to motor dealer's licences.

            (2) Any person holding a motor dealer's licence who is aggrieved by the decision of the Director under this section may, within one month from the date of the service on him of notice of cancellation, appeal to a magistrate's court presided over by a Magistrate Grade I or over.

27.     Motor dealer's licence not to be transferred without authority

            A motor dealer's licence shall not be used for any purpose other than a purpose provided for in this Act, and shall not be transferred or assigned to any other person without the written consent of the Director.