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

Regulations

National Road Traffic Regulations, 2000

Chapter VI : Fitness of Vehicles

Part I : Testing stations, roadworthy certificates and certification of roadworthiness

141. Manner of certification of roadworthiness

 

(1) The examiner of vehicles shall, after the examination and testing of a motor vehicle, provide the applicant with the original form RTS as shown in Schedule 2.

 

(2) If the examiner of vehicles is satisfied that the motor vehicle is roadworthy and that the chassis number or engine number of the motor vehicle has not been tampered with, obliterated, mutilated or altered, the testing station shall upon payment of the appropriate fee as determined by the MEC of the province concerned, or in the case where such testing station is not under the control of a registering authority, as determined by such testing station,
(a) certify that the motor vehicle is roadworthy by—
(i) in the case of a motor vehicle registered in the Republic, updating the particulars pertaining to such motor vehicle in the register of motor vehicles; or
(ii) in the case of a motor vehicle not registered in the Republic, issuing the applicant with form CRW, as shown in Schedule 2; and
(b) if the motor vehicle is registered in the Republic, advise the applicant that the motor vehicle is to be licensed.

Provided that in a case of a minibus, midibus or bus, first registered on or after 1 July 2012 operating for reward, the examiner of motor vehicles shall, before certifying such motor vehicle as roadworthy as contemplated in regulation 139(c), request a duly completed form VDSCD by an approved fitment centre as shown in Schedule 2.

[Proviso to regulation 141(2) inserted by regulation 7(a) of Notice No. R. 541 of 2011]

[Regulation 141(2) substituted by regulation 39 of Notice No. R. 1341 of 2003]

 

(3)        

(a) If the chassis number or engine number of the motor vehicle referred to in subregulation (2) has, in the opinion of the examiner of vehicles, been tampered with, obliterated, mutilated or altered, the applicant referred to in subregulation (1) shall submit a South African Police Service clearance in respect of such vehicle.
(b) Upon submission of the South African Police Service clearance, the testing station shall, if satisfied that the motor vehicle is roadworthy, certify the motor vehicle as roadworthy as contemplated in subregulation (2).

 

(4) If the examiner of vehicles is not satisfied that the motor vehicle is road worthy, such examiner may allow the applicant to have one retest for such motor vehicle, within a period fixed by him or her, but not exceeding 14 days after the date of such examination and testing, to remedy any defect in such vehicle, and if such examiner of vehicles is thereafter so satisfied, he or she shall act in terms of subregulation (2).

[Regulation 141(4) substituted by regulation 7(a) of Notice No. R. 541 of 2011]

 

(5) Notwithstanding the provisions of subregulation (2), an examiner of vehicles authorised thereto in writing by the testing station concerned may, at any time before the motor vehicle, which is being or has been examined and tested for roadworthiness, is returned to the applicant, examine or re-examine such motor vehicle, and for that purpose
(a) he or she shall be deemed to be the examiner of vehicles referred to in that subregulation; and
(b) any prior action taken by an examiner of vehicles in respect of such motor vehicle shall be deemed to be of no force and effect.

 

(6) No person shall wilfully or negligently certify that a motor vehicle is roadworthy if such motor vehicle is not roadworthy.

 

(7) If a person wilfully or negligently certifies that a motor vehicle is roadworthy when such motor vehicle is not roadworthy, such certification shall be null and void.

 

(8) No person shall remove, replace or alter the components of a motor vehicle so that the roadworthiness of such motor vehicle is affected if such motor vehicle was certified to be roadworthy, except in the normal course of maintenance or use thereof.