Section 115: Defects
This section is inserted by Act No 19 of 2016, section 8.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
115. Defects
(1) Where, on examination of a motor vehicle or
trailer, an authorised examiner or a vehicle examiner is
satisfied that it is in such a state of disrepair as to constitute
a danger to any person conveyed in it or to other users
of the road, and it does not comply with section 114(3),
he shall –
(a) issue to its owner a notice of refusal listing the
defects which are to be remedied;
(b) notify its owner of the date on which it shall be
re-examined;
(c) suspend, for safety reasons, the certificate of
fitness, if any, to prevent its use until all the
defects are remedied; and
(d) notify the Commissioner of the suspension of
the certificate of fitness under paragraph (c).
(2) Where all the defects under subsection (1)(a) are
remedied to the satisfaction of the authorised examiner or vehicle
examiner, he shall, on re-examination, issue a certificate of fitness in
respect of that motor vehicle or trailer and inform the Commissioner
accordingly.
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Questions this section answers
- What happens if my vehicle is found to have dangerous defects during examination?
- Can my certificate of fitness be suspended because of defects found in my vehicle?