National Road Traffic Act, 1996 (Act No. 93 of 1996)

Regulations

National Road Traffic Regulations, 2000

Chapter VI : Fitness of Vehicles

Part I : Testing stations, roadworthy certificates and certification of roadworthiness

137B. Act or omission of management representative, examiner of Vehicles or employee employed by testing station proprietor

(1)

Whenever any management representative, examiner of vehicles or employee of a testing station commits or omits an act which would have constituted an offence in terms of this Act if the testing station proprietor had committed or omitted such act, that testing station proprietor shall, in the absence of evidence—

(a)	that he or she did not connive at or permit such act or omission;

(b)	that he or she took all reasonable measures to prevent an act or omission of the nature concerned; and

(c)

that an act or omission of the nature of the act or omission charged, did not fall within the scope of the authority of or the course of the employment as such manager, agent or employee, be deemed himself or herself to have committed or omitted that act and be liable to be convicted and sentenced in respect thereof.

(2)

Whenever any management representative, examiner of vehicles or employee of a testing station, commits or omits any act which would have constituted an offence in terms of this Act if the testing station proprietor had committed or omitted it, such manager, agent or employee shall be liable to be convicted and sentenced in respect thereof as if he or she were such testing station proprietor.

[Regulation 137B inserted by regulation 11 of Notice No. R. 589 of 2009]