(1) Every dealer and
every yard manager and salesperson acting for a dealer shall permit any member
of the Police Force, any authorised officer or any traffic inspector, at all
reasonable hours to enter upon any authorised premises of the dealer, with
such persons as he may require to assist him, and there to examine any
second-hand vehicle; and where in the opinion of that member, authorised
officer or traffic inspector, it is necessary to road-test any such vehicle,
the dealer, yard manager or salesperson shall permit him, or such other person
as that member, authorised officer or traffic inspector may nominate, to
remove the vehicle from the premises and drive it, for that purpose, but
nothing in this subsection authorises any such member, authorised officer,
traffic inspector, or person so nominated, to remove or drive any agricultural
implement for that purpose.
Penalty: $5 000.
(1a) In subsection (1)
dealer includes any person carrying on the business of a wrecker of motor
vehicles or of buying or selling vehicles for which a dealer’s licence
is not required under this Act, and in relation to such a person —
terms yard manager and salesperson mean an employee of the person; and
term authorised premises means the premises at which that person carries on
the provisions of any other Act, an unlicensed vehicle may be driven on a road
by a person acting under the authority of subsection (1).
(3) Subject to
subsection (4) a dealer, or a yard manager or salesperson acting on behalf of
a dealer, shall not, during any hours when the dealer is lawfully able to keep
his authorised premises open to the public, cause or permit a second-hand
vehicle of which the dealer is the trade owner to be kept or parked elsewhere
than at the authorised premises of the dealer.
Penalty: $5 000.
(4) In any proceedings
for an offence against subsection (3) it is a defence to prove —
the vehicle was kept or parked at or adjacent to the residence or place of
business or employment of a particular prospective purchaser for the purpose
of displaying it to that prospective purchaser; or
during the period for which the vehicle was kept or parked elsewhere than at
the authorised premises —
it was not so kept or parked for the purpose of causing
the vehicle to be offered or displayed for sale except as described in
paragraph (a); and
it was not so kept or parked for the purpose of avoiding
the provisions of this section or of any other section of this Act.
[Section 27 amended: No. 58 of 1974 s. 20 and 21;
No. 106 of 1981 s. 16; No. 68 of 1982 s. 3; No. 4 of 2002 s. 31(1), 32, 41 and