| (1) |
The inspectorate of manufacturers, builders and importers— |
| (a) |
shall in terms of regulation 40(1)(b), evaluate a manufacturer, builder or importer and make a recommendation to the chief executive officer regarding— |
| (i) |
the suitability of such manufacturer, builder or importer to be registered; and |
| (ii) |
the conditions upon which such manufacturer, builder or importer should be registered; |
| (b) |
shall, in respect of every registered manufacturer, builder or importer conduct at least one inspection per year to evaluate the compliance by such manufacturer, builder or importer with the relevant legislation, standards, specifications and codes of practice; |
[Regulation 44(1)(b) substituted by regulation 20 of Notice No. R. 1341 of 2003]
| (c) |
may advise any registered manufacturer, builder or importer in writing on the improvement and maintenance of standards applied by the manufacturer, builder or importer concerned and submit a copy of such written advice to the chief executive officer; |
| (d) |
may advise any manufacturer, builder or importer in writing on the improvement of any motor vehicle design or any design of a motor vehicle modification being manufactured, modified or imported; |
| (dA) |
may specify in writing a model of motor vehicles manufactured, built or imported by a registered manufacturer, builder or importer, in respect to which a certification of roadworthiness must be obtained for every motor vehicle of that model, and shall submit a copy of such written specification to the chief executive officer; |
[Regulation 44(1)(dA) inserted by regulation 17 of Notice No. 2116 of 2001]
| (dB) |
if a motor vehicle design, a design of a motor vehicle modification or an imported motor vehicle, being manufactured, modified or imported by a manufacturer, builder or importer, who is not required to be registered in terms of these regulations, comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic, shall issue a letter of authority in respect of such design or imported; |
[Regulation 44(1)(dB) inserted by regulation 17 of Notice No. 2116 of 2001]
| (dC) |
notwithstanding the provisions of paragraph (dB) no new body may be built or modified on a minibus, midibus or bus, operating in terms of an operating licence issued in accordance with the provisions of the NLTTA by an unregistered body builder or importer; |
[Regulation 44(1)(dC) inserted by regulation 3(a) of Notice No. R. 871 of 2005, as revoked and replaced by regulation 3(a) of Notice No. R. 891 of 2006]
| (e) |
shall, when necessary, recommend to the chief executive officer the suspension, cancellation or change in conditions of the registration of a manufacturer, builder or importer; |
| (f) |
if models of motor vehicles being manufactured, built, modified or imported by registered manufacturers, builders and importers comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic, shall issue such models of motor vehicles with a model number; |
[Regulation 44(1)(f) substituted by regulation 3(b) of Notice No. R. 871 of 2005, as revoked and replaced by regulation 3(b) of Notice No. R. 891 of 2006]
| (fA) |
shall, subject to subregulation (a), issue to a registered body builder, a model number for a completely new minibus, midibus or bus provided with a new body on a new chassis or chassis cab, or a modified body on a new chassis or chassis cab, or an imported new minibus, midibus or bus; |
[Regulation 44(1)(fA) inserted by regulation 3(c) of Notice No. R. 871 of 2005, as revoked and replaced by regulation 3(c) of Notice No. R. 891 of 2006]
| (fB) |
shall subject to the provisions of this regulation issue a certificate of compliance to any minibus or midibus registered on or before the enactment of this regulations, complying with the provisions of this Act and operating in terms of an operating licence, issued in accordance with the provisions of the NLTTA; |
Provided that notwithstanding the exclusion contained in the Compulsory Specification for Motor vehicles of Category M2 and M3, no minibus and midibus first registered on or after 1 January 2006 operating in terms of an operating license issued in accordance with the provisions of the NLTTA shall be issued with a model number and a certificate of compliance, unless it complies with the superstructure requirement contemplated in SANS 1563 " The strength of large passenger vehicle superstructures (roll-over bars)."
[Regulation 44(1)(fA) inserted by regulation 3(c) of Notice No. R. 891 of 2006]
| (g) |
may suspend or cancel the model number of models of motor vehicles in the event of such models not continuing to comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic. |
| (2) |
A person employed by, or who acts on behalf of, the inspectorate of manufacturers, builders or importers, may at any reasonable time— |
| (a) |
for the purposes of evaluating a manufacturer, builder or importer and making a recommendation as contemplated in regulation 40(1)(b)(i), inspect, examine or test any motor vehicle which is being manufactured, built, modified or imported by such manufacturer, builder or importer; and |
(b) without prior notice—
| (i) |
enter the premises of any manufacturer, builder or importer; |
| (ii) |
inspect any records of such manufacturer, builder or importer; or |
| (iii) |
question any person with regard to any matter relating to the operation of such manufacturer, builder or importer. |
Protection of Businesses Act, 1978
