42Motor vehicles to which a statutory warranty applies

42 Motor vehicles to which a statutory warranty applies

(1)  A new or used motor vehicle, other than a motor cycle, is a warrantied vehicle if –

(a) it is offered for sale or exchange by a licensed motor vehicle trader to persons who are not licensed motor vehicle traders; and

(b) the motor vehicle has travelled less than 120 000 kilometres before its sale; and

(c) [Section 42 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] the motor vehicle –

(i) was fitted with its compliance plate less than 7 years before its sale or exchange; or

(ii) is entered on the RAV via an entry pathway under section 15(2) of the RVSA less than 7 years before its sale or exchange.

(2)  A new or used motor cycle is a warrantied vehicle if –

(a) it is offered for sale or exchange by a licensed motor vehicle trader, to persons who are not licensed motor vehicle traders; and

(b) the motor cycle has travelled less than 15 000 kilometres before its sale; and

(c) [Section 42 Subsection (2) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] the motor cycle –

(i) was fitted with its compliance plate less than 3 years before its sale or exchange; or

(ii) is entered on the RAV via an entry pathway under section 15(2) of the RVSA less than 3 years before its sale or exchange; and

(d) the motor cycle is not designed to be raced in competition.

(3)  Despite subsections (1) and (2) , a motor vehicle referred to in either of those subsections is not a warrantied vehicle if –

(a) the motor vehicle is a commercial vehicle; or

(b) the motor vehicle is only offered for sale or exchange to other licensed motor vehicle traders.