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Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)

Part 8 : Law enforcement

40. Offences and penalties

 

(1) A person who—
(a) undertakes cross-border road transport without the required permit;
(b) undertakes or allows cross-border road transport to be undertaken contrary to the conditions or requirements of a permit;
(c) undertakes cabotage without the required permit;
(d) undertakes cabotage contrary to the provisions of a permit;
(e) being a permit-holder or the agent or employee of a permit-holder, enables a person who does not hold a permit, to use the permit-holder’s permit;
(f) applies for or obtains a permit knowing that another permit has already been issued to another person or another legal person in relation to the same vehicle;
(g) with the intent to deceive, forges, alters, defaces, mutilates or adds to a permit;
(h) gives false information when required to supply information in terms of this Act;
(i) knowing that any writing is not a permit or document issued under this Act, utters or uses such writing or other document for the purposes of this Act;
(j) knowing that any permit or other document issued under this Act has been altered, defaced, mutilated or added to, uses it for the purposes of this Act;
(k) pretends that he or she is a road transport inspector;
(l) wilfully obstructs or hinders a road transport inspector in the execution of his or her duties;
(m) fails to comply with a direction or demand made by a road transport inspector;
(n) being a permit-holder or a driver of a vehicle, does not adhere to any prescribed obligation;
(o) being a permit-holder fails to comply with any permit condition;
(p) being a permit-holder fails to comply with any of the duties of a permit-holder as set out in this Act;
(q) being the driver or the permit-holder fails to ensure that a permit which relates to a particular vehicle is kept in such vehicle;
(r) being the driver fails to carry a consignment note or passenger list, as the case may be, at all times in a readily accessible place on the vehicle concerned;
(s) being a permit-holder fails, within 30 days after the expiry of a permit or after the number of journeys on the permit has been completed, to submit the permit and consignment note or passenger list, as the case may be, to the Regulatory Committee;
(t) with the intent to deceive, prepares any document for use in connection with cross-border road transport containing an incorrect description, knowing that description to be incorrect;
(u) fails to apply for a duplicate permit in the case of a damaged or illegible permit;
(v) fails to affix or keep affixed a distinguishing mark on any vehicle as prescribed;
(w) fails within 30 days of any material change in regard to the information contained in the application form to notify the Regulatory Committee;
(x) fails, within seven days of receipt of the notice by the Regulatory Committee, to submit the permit by registered post or by hand to the Regulatory Committee;
(y) is the registered owner of a vehicle and allows cross-border road transport or cabotage without a permit;

[Subsection (1)(y) substituted by section 15(a) of Act No. 12 of 2008]

(z) fails to comply with the provisions of sections 25(9) and 30(6);
(zA) cedes, alienates, hires out or hires the authority conferred by a permit in contravention of section 47(7);

[Subsection (1)(zA) substituted by section 15(b) of Act No. 12 of 2008]

(zB) contravenes or fails to comply with any provision of this Act if such contravention or failure is not elsewhere declared an offence,

[Subsection (1)(zB) inserted by section 15(c) of Act No. 12 of 2008]

is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

 

 


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