MOTOR VEHICLE DEALERS ACT 1973 - SECT 53

MOTOR VEHICLE DEALERS ACT 1973 - SECT 53

53 .         Yard manager’s liability for offences under s. 28 and 31B by others

        (1)         Notwithstanding any other law or rule of law, where an offence against section 28 or 31B is committed at any authorised premises or in relation to the sale of a vehicle which was offered or exposed for sale at any authorised premises by a person (in this section referred to as the other person ) other than the person acting in the capacity of dealer or yard manager for those premises, the yard manager is guilty of an offence against this Act in like manner as that person and may be proceeded against and convicted accordingly unless he proves that he had no knowledge of the commission of the offence and could not, by the exercise of due diligence, have prevented the commission of the offence.

        (2)         The yard manager may be proceeded against and convicted pursuant to subsection (1) notwithstanding that the other person has not been proceeded against or has not been convicted under this Act.

        (3)         Nothing in subsection (1) prejudices or affects any liability imposed by or under this Act on any person by whom an offence against this Act is actually committed.

        [Section 53 amended: No. 4 of 2002 s. 30 and 32(1).]