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

Chapter XII : Presumptions and legal procedure

74A. Act or omission of manager, agent or employee of consignor and consignee


1) Whenever any manager, agent or employee of a consignor or consignee, as the case may be, does or fails to do anything which, if the consignor or consignee had done or failed to do it, would have constituted an offence in terms of this Act, the consignor or consignee, as the case may be, shall be regarded to have committed the act or omission personally in the absence of evidence indicating-
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 such act or omission; and
c) that such act or omission did not fall within the scope of the authority of or in the course of the employment of such manager, agent or employee,

and be liable to be convicted and sentenced in respect thereof.


2) In the circumstances contemplated in subsection (1) the conviction of the consignor or consignee shall not absolve the manager, agent or employee in question from liability or criminal prosecution.