Section 121: Appeal under section 115 or 119
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.
121. Appeal under section 115 or 119
(1) Where the owner of a motor vehicle or trailer is
aggrieved by –
(a) a notice of refusal issued under section 115(1)(a);
(b) the suspension of a certificate of fitness under
section 115(1)(c);
(c) a prohibition made by a police officer, vehicle
examiner or road transport inspector under
section 119(2),
in relation to his motor vehicle or trailer, he may, within 10 days of
his receiving notice of the refusal, suspension or prohibition, appeal
to the Commissioner on payment of such non-refundable fee as may
be prescribed.
(2) (a) The Commissioner shall, on an appeal under
subsection (1), cause an examination to be carried out by a designated
authorised examiner or vehicle examiner, as the case may be, in the
presence of an authorised officer.
368 Acts 2016
(b) The authorised officer shall, after examination of
the motor vehicle or trailer, forward his report to the Commissioner.
(c) The Commissioner shall, on consideration of
the report –
(i) cause the registration of the motor vehicle
or trailer if he is satisfied that it complies
with section 114(3);
(ii) require the authorised examiner to issue
a certificate of fitness in respect of that
motor vehicle or trailer; or
(iii) confirm the refusal, suspension or
prohibition.
(3) The decision of the Commissioner under subsection (2)
shall be final.
(4) Where, pursuant to subsection (2), a motor vehicle
or trailer is examined, no fee shall be paid by the owner of the
motor vehicle or trailer.
Ask juris about this section Official source
Questions this section answers
- How many days do I have to appeal a refusal or suspension of my certificate of fitness?
- Do I have to pay a fee to appeal to the Commissioner over my certificate of fitness?
- Is the Commissioner's decision on my appeal final?
- Do I have to pay for a re-examination ordered as part of my appeal?