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

Chapter VI : Operator fitness

50. Power of chief executive officer in respect of motor vehicles, drivers and activities of operators

 

1) The chief executive officer may, on account of any evidence regarding the state of fitness of a motor vehicle in respect of which an operator is registered, produced to him or her in accordance with subsection (4) by written notice –
a) notify such operator that such motor vehicle is suspected of being unroadworthy and that the operator should forthwith take adequate steps to ensure its continued roadworthiness in accordance with Chapter V,
b) require from such operator to indicate in writing what precautions he or she has taken to ensure the continued roadworthiness of such motor vehicle in accordance with Chapter V;
c) direct such operator to produce such motor vehicle for inspection, examination or testing at a time and place specified in such notice; and
d) suspend the operator card issued in respect of such motor vehicle, if such motor vehicle has been examined or tested under paragraph (c) and found to be unroadworthy in terms of Chapter V, for such period as such motor vehicle is so unroadworthy.

 

2) The chief executive officer may, on account of the record of a driver of a motor vehicle in respect of which an operator is registered, by written notice –
a) inform such operator that it is suspected that he or she does not exercise proper control over the driver under his or her authority as required by section 49;
b) require such operator to indicate in writing what precautions he or she has taken in order to ensure proper control over drivers under his or her authority;
c) require such operator to produce for examination the records regarding drivers which an operator is required to keep in terms of this Act; and
d) direct that the driver concerned be retested in terms of section 25.

 

3) The chief executive officer may, if the record of an operator indicates that such operator does not comply with the provisions of this Act, by written notice –
a) direct such operator to carry out his or her duties in terms of section 49 properly;
b) appoint a person whom he or she deems fit, to investigate the activities or specific activities of such operator and direct the person so appointed to make a written recommendation to him or her regarding what measures should be taken in respect of such operator,
c) direct such operator to appear before him or her or before any other person appointed by him or her, in order to furnish reasons for his or her failure to carry out his or her duties in terms of section 49; and
d) notify such operator—
i) that an operator card shall only be issued to him or heron such conditions as the chief executive officer may deem fit;
ii) that no further operator card shall be issued to him or her for such period as the chief executive officer may specify in the notice; or
iii) that the operator card or cards relating to such motor vehicle or vehicles as the chief executive officer may determine in respect of which he or she is registered as the operator is or are suspended until the chief executive officer is satisfied that the grounds for the suspension have lapsed: Provided that –
aa) the period of any suspension under subparagraph (iii) shall not exceed 12 months;
bb) any decision by the chief executive officer under this paragraph shall only be taken on the basis of a recommendation by a person appointed under paragraph (b); and
cc) the chief executive officer shall, within 21 days after the date of the notice, in writing furnish such operator with the reasons for his or her decision.

 

4) The chief executive officer may, in the exercise of his or her powers under this section –
a) require any operator, subject to any lawful objection, to make discovery of documents by way if affidavit or by answering interrogatories on oath and to produce such documents for inspection;
b) require any operator to allow inspection of any records and documents required to be kept by the operator in terms of this Act;
c) appoint a commission to take the evidence of any person in the Republic or in a prescribed territory or in a foreign state and to forward such evidence to him or her in the same manner as if the commission were a commissioner appointed by a court; and
d) at any time require that an inquiry be instituted into the operational activities of an operator by a person appointed by him or her for that purpose and, if such operator is a company, also into those of any other company in a group of companies to which the operator belongs or of which the operator is the controlling company.

 

5) [Section 50(5) deleted by the National Road Traffic Amendment Act, 1998].

 

 


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