| (1) |
If, in a prosecution for an offence under regulations 234 to 243 inclusive, an allegation is made in the charge sheet or summons in relation to— |
| (a) |
the gross vehicle mass; |
| (c) |
the gross axle unit massload; |
| (d) |
the gross combination mass; |
| (e) |
the net power in kilowatts of any bus, haulage tractor or goods vehicle; |
[Regulation 248(1)(e) substituted by regulation 59 of Notice No. R. 846 of 2014]
| (f) |
the permissible maximum vehicle mass referred to in regulation 236; |
| (g) |
the permissible maximum combination mass referred to in regulation 237; or |
| (h) |
the permissible maximum axle massload or maximum axle unit massload, referred to in regulation 234 or 235 respectively, |
such allegation shall, in the absence of evidence to the contrary, be presumed to be correct.
| (2) |
The fact that differing results may tee obtained on successive attempts at determining the axle massload of an axle which is part of an axle unit shall not, by itself, prove the massload alleged in a prosecution, to be incorrect. |
| (3) |
In a prosecution for an alleged offence in terms of regulation 241, any distance in metres alleged on the charge sheet or summons, used to calculate the maximum permissible massload of any group of axles, shall in the absence of evidence to the contrary, be deemed to be correct. |
| (4) |
The massloads of all the individual axles of— |
| (a) |
an axle unit, may be added to obtain the total massload of such axle unit; |
| (b) |
a group of axles, may be added to obtain the total massload of such group of axles; |
| (c) |
a vehicle, may be added to obtain the total massload of such vehicle; or |
| (d) |
a combination of vehicles, may be added to obtain the total massload of such combination of vehicles. |
| (5) |
Notwithstanding anything to the contrary contained in these regulations, where an owner of a motor vehicle has been issued with a motor vehicle licence for that vehicle, such owner shall not be competent, in respect of the year to which such licence is applicable, to prove that the tare of such vehicle is either greater or less than the tare upon which the fees payable for such licence were calculated: Provided that the provisions of this subregulation shall not apply in respect of an owner of a motor vehicle who is prosecuted for and found guilty of a contravention of section 67 of the Act where such contravention relates to the tare referred to in this subregulation. |
Public Service Commission Act, 1997
