MOTOR VEHICLE DEALERS ACT 1973 - SECT 54

MOTOR VEHICLE DEALERS ACT 1973 - SECT 54

54 .         Dealer’s liability for offences by employees etc.

        (1)         Notwithstanding any other law or rule of law, where any person in the capacity of yard manager or salesperson employed or engaged by a dealer or otherwise in the capacity as an employee of a dealer commits an offence against this Act, the dealer is guilty of an offence against this Act in like manner as the yard manager, salesperson or employee (whether or not the offence was committed without the dealer’s authority or contrary to the dealer’s orders or instructions) 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 dealer may be proceeded against and convicted pursuant to subsection (1) notwithstanding that the yard manager, salesperson or employee 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 54 amended: No. 4 of 2002 s. 31(1).]