Section 121: Appeal under section 115 or 119

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. R27 – 97 [Issue 9] Road Traffic Act (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. (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. [S. 121 repealed and replaced by s. 8 of Act 19 of 2016 w.e.f. 3 November 2016.]