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

Chapter VI : Operator fitness

51. Act or omission of manager, agent or employee of operator

 

1) Whenever any manager, agent or employee of an operator commits or omits an act which would have constituted an offence in terms of this Act if the operator had committed or omitted such act, that operator shall, in the absence of evidence –
a) that he or she did not connive at or permit such act or omission;
b) that he or she took all reasonable measures to prevent an act or omission of the nature concerned; and
c) that an act or omission of the nature of the act or omission charged did not fall within the scope of the authority of or the course of the employment as such manager, agent or employee, be deemed himself or herself to have committed or omitted that act and be liable to be convicted and sentenced in respect thereof.

 

2) Whenever any manager, agent or employee of an operator commits or omits any act, which would have constituted an offence in terms of this Act if such operator had committed or omitted it, such manager, agent or employee shall be liable to be convicted and sentenced in respect thereof as if he or she were such operator.