Malaysia legislation

Section 43

of *COMMERCIAL VEHICLES LICENSING BOARD ACT 1987

Section 43

(2)

Except where otherwise provided by this Act, any act or omission by the servant, agent or partner of the registered owner shall, for the purpose of any prosecution or proceedings under this Act, be deemed to be the act or omission of the registered owner, unless he satisfies the court that he has taken all reasonable steps and precautions to prevent such an act or omission.

(3)

In the event of any act or omission by a servant, agent or partner of the registered owner which would have been an offence against this

Act if committed by the registered owner, that servant, agent or partner shall also be guilty of that offence.

(4)

Where the registered owner is a body corporate, any person who at the time of the commission of such offence was a director, general

Commercial Vehicles Licensing Board 55

manager, manager, secretary or other similar officer of the body corporate, or who was purporting to act in any such capacity, shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance, and that he has exercised due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all the circumstances.

Offences by body corporate