Section 137: Liability of driver and owner for offences

137. Liability of driver and owner for offences (1) Where— (a) a motor vehicle or trailer which contravenes this Act is used; (b) a motor vehicle or trailer is used in such a state or condition or in such manner as to contravene this Act; or (c) anything is done or omitted in connection with a motor vehicle or trailer in contravention of this Act, the driver of the motor vehicle or trailer at the time of the commission of the offence shall commit an offence, unless— (i) it is expressly otherwise provided in this Act; or (ii) the offence was not due to any act, omission, neglect or default on his part. (2) The owner of the motor vehicle or trailer under subsection (1) shall also commit an offence unless— (a) it is expressly otherwise provided in this Act; or (b) the offence was— (i) committed in his absence and without his consent; and R27 – 115 [Issue 9] Road Traffic Act (ii) not due to any act or omission on his part and he had taken all reasonable precautions to prevent it. 138. — [S. 138 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]