PRESIDENT'S OFFICE
No. 1892.
22 November 1996
NO. 93 OF 1996: NATIONAL ROAD TRAFFIC ACT, 1996.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
ACT
To provide for road traffic matters which shall apply uniformly throughout the
Republic and for matters connected therewith.
(English text signed by the President.)
(Assented to 12 November 1996.)
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
ARRANGEMENT OF SECTIONS
CHAPTER I
Interpretation of Act
Section
1. Definitions
CHAPTER II
Application of Act and minimum requirements
2. Application of Act
3. Minimum requirements for registration as inspector of licences, examiner
of vehicles, examiner for driving licences and traffic officer
CHAPTER III
Registration and licensing of motor vehicles, manufacturers, builders and
importers
4. Registration and licensing of motor vehicles
5. Registration of manufacturers, builders and importers
6. Right of appeal to Minister
7. Appointment of inspectorate of manufacturers, builders and importers
CHAPTER IV
Fitness of drivers
8. Application for registration of driving licence testing centre
9. Registration and grading of driving licence testing centre
10. Suspension or cancellation of registration of driving licence testing
centre
11. Appointment of national inspectorate of driving licence testing centres
12. Driver of motor vehicle to be licensed
13. Licence to drive, either learner's or driving licence
14. Prescribing, classification and extent of learner's or driving licence
15. Disqualification from obtaining or holding learner's or driving licence
16. Failure to disclose disqualification in respect of licence authorising
driving of motor vehicle prohibited
17. Application for and issue of learner's licence
18. Application for and issue of driving licence
19. Substitution of driving licence issued before certain date
20. Special provisions in relation to driving licences which ceased to be
valid in terms of road traffic ordinance
21. Power of MEC in respect of examination and testing of applicant
learner's or driving licence
22. Holder of licence to drive motor vehicle shall give notice of change
place of residence
23. When licence not issued in terms of this Act deemed to be driving
licence
24. Department of State may issue learner's or driving licence to person in
it employment only
25. Suspension or cancellation by MEC of licence authorising driving motor
vehicle
26. Lapsing of endorsement on licence
27. Cancellation or amendment of endorsement on licence
28. Uniform standards for instructors
29. Voidness of learner's or driving licence issued contrary to Chapter
30. Use of somebody's learner's or driving licence by another prohibited
31. Unlicensed driver not to be employed or permitted to drive motor
vehicle
32. Professional driver to have permit
33. Production of licence and permit to court
34. Court may issue order for suspension or cancellation of licence or
permit or disqualify person from obtaining licence or permit
35. On conviction of certain offences licence and permit shall be suspended
for minimum period and learner's or driving licence may not be obtained
36. Procedure subsequent to suspension or cancellation of licence or permit
CHAPTER V
Fitness of vehicles
37. Testing station to be registered
38. Application for registration of testing station
39. Registration and grading of testing station
40. Suspension or cancellation of registration of testing station
41. Appointment of national inspectorate of testing stations
42. Roadworthy certificate required in respect of motor vehicle
43. Application for roadworthy certificate
44. Notice to discontinue operation of motor vehicle
CHAPTER VI
Operator fitness
45. Registration of operator
46. Issue of operator card
47. Operator card to be displayed on motor vehicle
48. Proof of certain facts
49. Duties of operator
50. Power of MEC in respect of motor vehicles, drivers and activities
operators
51. Act or omission of manager, agent or employee of operator
CHAPTER VII
Road safety
52. Powers and functions of Director-General
53. Delegation by Director-General
CHAPTER VIII
Dangerous goods
54. Transportation of certain dangerous goods prohibited
55. Appointment of dangerous goods inspector or inspectorate
CHAPTER IX
Road traffic signs and general speed limit
56. Minister may prescribe road traffic signs
57. Authority to display road traffic signs
58. Failure to obey road traffic sign prohibited
59. Speed limit
60. Certain drivers may exceed general speed limit
CHAPTER X
Accidents and accident reports
61. Duty of driver in event of accident
62. Garage to keep record of motor vehicle involved in accident
CHAPTER XI
Reckless or negligent driving, inconsiderate driving, driving while under
the influence of intoxicating liquor or a drug having a narcotic effect, and
miscellaneous offences
63. Reckless or negligent driving
64. Inconsiderate driving
65. Driving while under the influence of intoxicating liquor or drug having
narcotic effect, or with excessive amount of alcohol in blood or breath
66. Unauthorised acts in relation to vehicle
67. Furnishing false information prohibited
68. Unlawful acts in relation to registration plates, registration number,
registration mark or certain documents
CHAPTER XII
Presumptions and legal procedure
69. Presumptions regarding public road, freeway and public road in urban
area
70. Presumption regarding mass ascertained by means of mass-measuring
bridge or other mass-measuring instrument
71. Presumption regarding gross vehicle mass of motor vehicle
72. Proof of gross vehicle mass of motor vehicle
73. Presumption that owner drove or parked vehicle
74. Presumption regarding officers
CHAPTER XIII
Regulations
75. Power of Minister to make regulations
76. Incorporation of standards by reference
CHAPTER XIV
Registers and records
77. Registers or records to be kept
78. Copy of entry in register or record to be prima facie proof
79. Cognisance may be taken of information contained in register or record
CHAPTER XV
General provisions
80. Parking for disabled persons
81. Vehicle and load may be exempted from provisions of Act
82. Inspections for ensuring that provisions of Act are given effect to
83. Doubt regarding use or classification of vehicle
84. Variation of prescribed form
85. Issue of document as proof of driving licence in special circumstances
86. Signature upon documents
87. Service of notices
88. State bound
89. Offences and penalties
90. Apportionment of fines
91. Delegation by Minister and MEC
92. Provincial laws
93. Repeal of laws, and savings
94. Short title and commencement
CHAPTER I
Interpretation of Act
Definitions
1. In this Act, unless the context otherwise indicates-
(i) "ambulance" means a motor vehicle specially constructed or adapted
for the conveyance of sick or injured persons to or from a place for
medical treatment and which is registered as an ambulance; (i)
(ii) "articulated motor vehicle" means a combination of motor vehicles
consisting of a truck-tractor and a semi-trailer; (xv)
(iii) "breakdown vehicle" means a motor vehicle designed or adapted
solely for the purpose of recovering or salvaging motor vehicles and
which is registered as a breakdown vehicle; (lxvii)
(iv) "bridge" includes a culvert and a causeway; (vii)
(v) "builder" means any person who, for the purposes of his or her
business of selling motor vehicles, manufactures or assembles motor
vehicles in whole or in part from used components, or modifies motor
vehicles using new or used components; (v)
(vi) "bus" means a motor vehicle designed or adapted for the conveyance
of more than 16 persons (including the driver, if any); (x)
(vii) "by-law" means a by-law issued under the laws of a province;
(lxxv)
(viii) "combination of motor vehicles" means two or more motor vehicles
coupled together; (xxvii)
(ix) "Convention" means the International Convention relative to Motor
Traffic (Paris, 1926), the United Nations Convention on Road Traffic
(Geneva, 1949), or the United Nations Convention on Road Traffic
(Vienna, 1968); (xxviii)
(x) "cross", or any like expression, means to move on a public road in a
direction which intersects the normal course of travel of traffic on
such road; (xxxix)
(xi) "dangerous goods" means the commodities, substances and goods
listed in the standard specification of the South African Bureau of
Standards SABS 0228 "The identification and classification of
dangerous substances and goods"; (xvii)
(xii) "Department" means the Department of Transport; (xi)
(xiii) "department of State" means a department as defined in section
1(1) of the Public Service Act, 1994 (Proclamation No. 103 of
1994); (lxi)
(xiv) "Director-General" means the Director-General: Transport; (xiii)
(xv) "driver" means any person who drives or attempts to drive any
vehicle or who rides or attempts to ride any pedal cycle or who
leads any draught, pack or saddle animal or herd or flock of
animals, and "drive" or any like word has a corresponding meaning;
(ii)
(xvi) "driving licence" means a driving licence referred to in Chapter
IV; (iii)
(xvii) "driving licence testing centre" means a driving licence testing
centre referred to in Chapter IV; (iv)
(xviii) "edge of the roadway" means the boundary between the roadway and
the shoulder, which is indicated by an appropriate road traffic
sign, or in the absence of such sign-
(a) in the case of a road with a bituminous or concrete surface, the
edge of such surface; or
(b) in the case of any other road, the edge of the improved part of
the road intended for vehicular use; (xxvi)
(xix) "examiner for driving licences" means an examiner for driving
licences registered and appointed in terms of the laws of any
province; (lxix)
(xx) "examiner of vehicles" means an examiner of vehicles registered and
appointed in terms of the laws of any province; (xxxviii)
(xxi) "fire-fighting vehicle" means a motor vehicle designed or adapted
solely or mainly for fighting fires and which is registered as a
fire-fighting vehicle; (vi)
(xxii) "freeway" means a public road or a section of a public road which
has been designated as a freeway by an appropriate road traffic
sign; (xii)
(xxiii) "goods" means any movable property; (xviii)
(xxiv) "gross combination mass", in relation to a motor vehicle which is
used to draw any other motor vehicle, means the maximum mass of any
combination of motor vehicles, including the drawing vehicle, and
load as specified by the manufacturer thereof or, in the absence of
such specification, as determined by the registering authority;
(viii)
(xxv) "gross vehicle mass", in relation to a motor vehicle, means the
maximum mass of such vehicle and its load as specified by the
manufacturer thereof or, in the absence of such specification, as
determined by the registering authority; (ix)
(xxvi) "identity document" means an identity document as defined in
section 1 of the Identification Act, 1986 (Act No. 72 of 1986);
(xxi)
(xxvii) "importer" means any person who, for the purpose of his or her
business of selling motor vehicles, imports new or used motor
vehicles into the Republic; (xxv)
(xxviii) "inspector of licences" means an inspector of licences
appointed in terms of the laws of any province; (xxii)
(xxix) "instructor" means any person registered as such in terms of the
laws of any province; (xxiii)
(xxx) "international driving permit" means an international driving
permit issued in terms of a Convention or recognised thereunder;
(xxiv)
(xxxi) "kerb line" means the boundary between the shoulder and the verge
or, in the absence of a shoulder, the part between the edge of the
roadway and the verge; (lii)
(xxxii) "learner's licence" means a learner's licence referred to in
Chapter IV; (xxix)
(xxxiii) "local authority" means a transitional metropolitan
substructure, transitional local council or local government body
contemplated in section 1(1) of the Local Government Transition Act,
1993 (Act No. 209 of 1993); (xlviii)
(xxxiv) "manufacturer" means a person who, for the purpose of his or her
business of selling motor vehicles, manufactures or assembles new
motor vehicles; (lxxvi)
(xxxv) "MEC" means a member of the Executive Council appointed in terms
of section 149 of the Constitution of the Republic of South Africa,
1993 (Act No. 200 of 1993), and who is responsible for road traffic
matters, or any other person authorised by him or her to exercise
any power or perform any duty or function which such MEC is
empowered or obliged to exercise or perform in terms of this Act;
(xxxi)
(xxxvi) "medical practitioner" means any person registered as such in
terms of the Medical, Dental and Supplementary Health Service
Professions Act, 1974 (Act No. 56 of 1974); (xvi)
(xxxvii) "Minister" means the Minister of Transport, or any other person
authorised by him or her to exercise any power or perform any duty
or function which such Minister is empowered or obliged to exercise
or perform in terms of this Act; (xxxii)
(xxxviii) "motor cycle" means a motor vehicle which has two wheels and
includes any such vehicle having a side-car attached; (xxxiv)
(xxxix) "motor dealer" means any person who is engaged in the business
of buying, selling, exchanging or repairing motor vehicles required
to be registered and licensed in terms of this Act or of building
permanent structures onto such vehicles and who complies with the
prescribed conditions; (xxxv)
(xl) "motor quadrucycle" means a motor vehicle, other than a tractor,
which has four wheels and which is designed to be driven by the type
of controls usually fitted to a motor cycle; (xxxvi)
(xli) "motor tricycle" means a motor vehicle, other than a motor cycle
or a tractor, which has three wheels and which is designed to be
driven by the type of controls usually fitted to a motor cycle;
(xxxiii)
(xlii) "motor vehicle" means any self-propelled vehicle and includes-
(a) a trailer; and
(b) a vehicle having pedals and an engine or an electric motor as an
integral part thereof or attached thereto and which is designed
or adapted to be propelled by means of such pedals, engine or
motor, or both such pedals and engine or motor, but does not
include-
(i) any vehicle propelled by electrical power derived from
storage batteries and which is controlled by a pedestrian;
or
(ii) any vehicle with a mass not exceeding 230 kilograms and
specially designed and constructed, and not merely adapted,
for the use of any person suffering from some physical
defect or disability and used solely by such person;
(xxxvii)
(xliii) "operate on a public road" or any like expression, in relation
to a vehicle, means to use or drive a vehicle or to permit a vehicle
to be used or driven on a public road, or to have or to permit a
vehicle to be on a public road; (xlii)
(xliv) "operator" means the person responsible for the use of a motor
vehicle of any class contemplated in Chapter VI, and who has been
registered as the operator of such vehicle; (xli)
(xlv) "owner", in relation to a vehicle, means-
(a) the person who has the right to the use and enjoyment of a
vehicle in terms of the common law or a contractual agreement
with the title holder of such vehicle;
(b) any person referred to in paragraph (a), for any period during
which such person has failed to return that vehicle to the title
holder in accordance with the contractual agreement referred to
in paragraph (a); or
(c) a motor dealer who is in possession of a vehicle for the purpose
of sale,
and who is registered as such in accordance with the regulations
under section 4, and "owned" or any like word has a corresponding
meaning; (xiv)
(xlvi) "park" means to keep a vehicle, whether occupied or not,
stationary for a period of time longer than is reasonably necessary
for the actual loading or unloading of persons or goods, but does
not include any such keeping of a vehicle by reason of a cause
beyond the control of the person in charge of such vehicle; (xlvii)
(xlvii) "peace officer" means a traffic officer and also a traffic
warden appointed in terms of the laws of any province; (lxxxi)
(xlviii) "Pedal cycle" means any bicycle or tricycle designed for
propulsion solely by means of human power; (lxxii)
(xlix) "prescribe" means prescribe by regulation; (lxxix)
(l) "prescribed territory" means-
(a) the Kingdom of Lesotho, the Kingdom of Swaziland, the Republic
of Angola, the Republic of Botswana, the Republic of Malawi, the
Republic of Mozambique, the Republic of Namibia, the Republic of
Zambia and the Republic of Zimbabwe; and
(b) any other state or territory declared by the Minister by notice
in the Gazette to be a prescribed territory; (lxxviii)
(li) "professional driver" means the driver of a motor vehicle in
respect of which an operator is registered; (xlix)
(lii) "Professional driving permit" means a professional driving permit
referred to in Chapter IV; (l)
(liii) "Province" means a province established by section 124 of the
Constitution of the Republic of South Africa, 1993; (li)
(liv) "public road" means any road, street or thoroughfare or any other
place (whether a thoroughfare or not) which is commonly used by the
public or any section thereof or to which the public or any section
thereof has a right of access, and includes-
(a) the verge of any such road, street or thoroughfare-,
(b) any bridge, ferry or drift traversed by any such road, street or
thoroughfare; and
(c) any other work or object forming part of or connected with or
belonging to such road, street or thoroughfare; (xl)
(lv) "registering authority" means a registering authority appointed as
such in accordance with the laws of any province; (liv)
(lvi) "registration plate" means a prescribed plate on which the
registration number or motor trade number of a motor vehicle is
displayed; (lv)
(lvii) "regulation" means a regulation under this Act; (lvi)
(lviii) "repealed ordinance" means an ordinance or any provision of an
ordinance repealed by the Road Traffic Act, 1989 (Act No. 29 of
1989); (xix)
(lix) "rescue vehicle" means a motor vehicle designed or adapted solely
for the purpose of rescuing persons, and which is owned or
controlled by a department of State, a local authority or a body
approved by the MEC concerned and is registered as a rescue vehicle;
(liii)
(lx) "road traffic ordinance" means the Road Traffic Ordinance, 1966
(Ordinance No. 21 of 1966), of the former Transvaal, Natal, the
Orange Free State and the Cape of Good Hope, respectively; (xliii)
(lxi) "road traffic sign" means a road traffic sign prescribed under
section 56; (xliv)
(lxii) "roadway" means that portion of a road, street or thoroughfare
improved, constructed or intended for vehicular traffic which is
between the edges of the roadway; (lvii)
(lxiii) "roadworthy", in relation to a vehicle, means a vehicle which
complies with the relevant provisions of this Act and is otherwise
in a fit condition to be operated on a public road; (xlv)
(lxiv) "roadworthy certificate", in relation to a motor vehicle, means a
certificate issued in terms of section 42; (xlvi)
(lxv) "semi-trailer" means a trailer having no front axle and so
designed that at least 15 per cent of its tare is super-imposed on
and borne by a vehicle drawing such trailer; (xxx)
(lxvi) "shoulder" means that portion of a road, street or thoroughfare
between the edge of the roadway and the kerb line; (lviii)
(lxvii) "sidewalk" means that portion of a verge intended for the
exclusive use of pedestrians; (lxv)
(lxviii) "South African Bureau of Standards" means the South African
Buro of Standards referred to in section 2(1) of the Standards Act,
1993 (Act No. 29 of 1993); (lxiv)
(lxix) "stop" means the bringing to a standstill of a vehicle by the
driver thereof; (lxiii)
(lxx) "tare", in relation to a motor vehicle, means the mass of such
vehicle ready to travel on a road and includes the mass of-
(a) any spare wheel and of all other accessories and equipment
supplied by the manufacturer as standard for the particular
model of motor vehicle concerned-,
(b) anything which is a permanent part of the structure of such
vehicle;
(c) anything attached to such vehicle so as to form a structural
alteration of a permanent nature; and
(d) the accumulators, if such vehicle is self-propelled by
electrical power,
but does not include the mass of-
(i) fuel; and
(ii) anything attached to such vehicle which is not of the
nature referred to in paragraph (b) or (c); (lxvi)
(lxxi) "testing station" means a testing station registered in terms of
section 39; (lxx)
(lxxii) "this Act" includes the regulations; (xx)
(lxxiii) "title holder", in relation to a vehicle, means-
(a) the person who has to give permission for the alienation of that
vehicle in terms of a contractual agreement with the owner of
such vehicle; or
(b) the person who has the right to alienate that vehicle in terms
of the common law,
and who is registered as such in accordance with the regulations
under section 4; (lxviii)
(lxxiv) "tractor" means a motor vehicle designed or adapted mainly for
drawing other vehicles and not to carry any load thereon, but does
not include a truck-tractor; (lxxiii)
(lxxv) "traffic officer" means a traffic officer appointed in terms of
the laws of any province and any member of the Service as defined in
section 1 of the South African Police Service Act, 1995 (Act No. 68
of 1995), and for the purposes of Chapters V, IX and X and sections
74 and 78 of this Act includes a peace officer; (lxxiv)
(lxxvi) "trailer" means a vehicle which is not self-propelled and which
is designed or adapted to be drawn by a motor vehicle, but does not
include a side-car attached to a motor cycle; (lix)
(lxxvii) "Transnet Limited" means the company floated and incorporated
in terms of section 2 of the Legal Succession to the South African
Transport Services Act, 1989 (Act No. 9 of 1989); (lxxi)
(lxxviii) "truck-tractor" means a motor vehicle designed or adapted-
(a) for drawing other vehicles; and
(b) not to carry any load other than that imposed by a semi-trailer
or by ballast,
but does not include a tractor; (lxxx)
(lxxix) "urban area" means that portion of the area of jurisdiction of a
local authority which has by actual survey been subdivided into
erven or is surrounded by surveyed erven, and includes the public
roads abutting thereon; (lxii)
(lxxx) "vehicle" means a device designed or adapted mainly to travel on
wheels or crawler tracks and includes such a device which is
connected with a draw-bar to a breakdown vehicle and is used as part
of the towing equipment of a breakdown vehicle to support any axle
or all the axles of a motor vehicle which is being salvaged other
than such a device which moves solely on rails; (lxxvii) and
(lxxxi) "verge" means that portion of a road, street or thoroughfare,
including the sidewalk, which is not the roadway or the shoulder.
(lx)
CHAPTER II
Application of Act and minimum requirements
Application of Act
2. This Act shall apply throughout the Republic: Provided that any
provision thereof shall only apply to those areas of the Republic in respect of
which the Road Traffic Act, 1989 (Act No. 29 of 1989), did not apply before
its repeal by section 93, as from a date fixed by the Minister by notice in the
Gazette.
Minimum requirements for registration as inspector of licences, examiner of
vehicles, examiner for driving licences and traffic officer
3. (1) (a) In each province there shall be-
(i) one or more registering authorities; and
(ii) persons registered as inspectors of licences, examiners of
vehicles, examiners for driving licences and traffic officers in
accordance with the laws of that province.
(b) Inspectors of licences, examiners of vehicles, examiners for driving
licences and traffic officers registered and, where applicable, graded in terms
of the laws of one province shall be deemed to be so registered and graded for
the purposes of the laws of any other province.
(c) The powers and duties of inspectors of licences, examiners of vehicles,
examiners for driving licences and traffic officers shall be as provided by the
laws of the province concerned.
(2) The minimum requirements for registration as an inspector of licences,
an examiner of vehicles, an examiner for driving licences or a traffic officer,
as the case may be, shall be that the applicant-
(a) has obtained an appropriate diploma at a training centre approved by the
Minister; and
(b) is a fit and proper person to be registered as such; and
(c) in the case of a traffic officer, has undergone training in relation to
the laws applicable to the transportation of dangerous goods: Provided
that a person appointed before-
(i) 1 January 1992 in terms of a repealed ordinance or section 3(1) of
the Road Traffic Act, 1989 (Act No. 29 of 1989); or
(ii) the commencement of this Act in terms of any road traffic law
contemplated in section 229 of the Constitution of the Republic of
South Africa, 1993 (Act No. 200 of 1993),
as an inspector of licences, an examiner of vehicles, an examiner for
driving licences or a traffic officer, as the case may be, shall be
deemed to have complied with the provisions of this subsection.
(3) The diploma referred to in subsection (2)(a) shall-
(a) in the case of an examiner of vehicles, indicate the classes of motor
vehicles he or she is qualified to inspect, examine and test; or
(b) in the case of an examiner for driving licences, indicate the codes of
learner's licences and driving licences for which a person may be
examined and tested by such examiner.
(4) The MEC concerned shall grade an examiner of vehicles or an examiner for
driving licences as prescribed.
CHAPTER III
Registration and licensing of motor vehicles, manufacturers, builders and
importers
Registration and licensing of motor vehicles
4. (1) The registration and licensing system of motor vehicles for each
province shall be as prescribed.
(2) No person shall, subject to this Act, operate on a public road any motor
vehicle which is not registered and licensed by virtue of this Chapter.
Registration of manufacturers, builders and importers
5. (1) Every manufacturer, builder or importer shall apply in the prescribed
manner to the MEC concerned for registration as a manufacturer, builder or
importer.
(2) If the MEC is satisfied that an applicant referred to in subsection (1)
complies with the qualifications for competency as prescribed for the specific
category in respect of which application is made, he or she shall register such
applicant on the conditions and in the manner prescribed.
(3) The MEC may, in the prescribed manner, alter the conditions referred to
in subsection (2).
(4) The MEC may, in the prescribed manner, suspend for such period as he or
she may deem fit, or cancel, the registration of a manufacturer, builder or
importer.
(5) Every manufacturer, builder or importer shall, in the prescribed manner,
register every motor vehicle manufactured, built or imported by him or her,
before he or she distributes or sells such vehicle.
Right of appeal to Minister
6. (1) Any person who is aggrieved at the refusal of the MEC to register him
or her as a manufacturer, builder or importer or at the suspension or
cancellation of his or her registration as a manufacturer, builder or importer
or at the conditions on which he or she is so registered may, within 21 days
after such refusal, suspension or cancellation, or notification of the
conditions on which he or she is so registered, in writing appeal to the
Minister against such refusal, suspension, cancellation or conditions, and such
person shall at the same time serve a copy of the appeal on the MEC.
(2) After receipt of the copy of the appeal referred to in subsection (1),
the MEC shall forthwith furnish the Minister with his or her reasons for the
refusal, suspension, cancellation or conditions to which such appeal refers.
(3) The Minister may after considering the appeal give such decision as he
or she may deem fit.
Appointment of inspectorate of manufacturers, builders and importers
7. (1) The Minister may appoint a person, an authority or a body as an in
spectorate of manufacturers, builders and importers.
(2) The powers and duties of the inspectorate contemplated in subsection (1)
in relation to the registration and inspection of manufacturers, builders and
importers shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on
behalf of that inspectorate for the purposes of performing its functions,
prescribe fees to be paid in respect of inspections carried out by it in terms
of this Act.
CHAPTER IV
Fitness of drivers
Application for registration of driving licence testing centre
8. (I) A department of State or registering authority desiring to operate a
driving licence testing centre shall in the prescribed manner apply to the MEC
in whose province that centre will be operated, for the registration of that
testing centre.
(2) A driving licence testing centre may, on the prescribed conditions, be
registered and graded to test applicants for learners' licences only.
Registration and grading of driving licence testing centre
9. On receipt of an application referred to in section 8 the MEC shall, if
satisfied that, in relation to the driving licence testing centre concerned,
the prescribed requirements for the registration of such a testing centre have
been met, register and grade such testing centre in the prescribed manner, and
give notice of such registration in the Provincial Gazette.
Suspension or cancellation of registration of driving licence testing centre
10. The MEC may, if a registered driving licence testing centre no longer
complies with the requirements referred to in section 9, suspend the
registration of that testing centre for such period as he or she may deem fit,
or regrade or cancel it, in the prescribed manner.
Appointment of national inspectorate of driving licence testing centres
11. (1) The Minister shall appoint a person, an authority or a body as a
national inspectorate of driving licence testing centres.
(2) The powers and duties of the inspectorate contemplated in subsection (1)
in relation to the inspection and the control of standards, grading and
operation of driving licence testing centres shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on
behalf of that inspectorate for the purposes of performing its functions,
prescribe fees to be paid in respect of inspections carried out in terms of
this Act.
Driver of motor vehicle to be licensed
12. No person shall drive a motor vehicle on a public road-
(a) except under the authority and in accordance with the conditions of a
licence issued to him or her in terms of this Chapter or of any document
deemed to be a licence for the purposes of this Chapter; and
(b) unless he or she keeps such licence or document or any other prescribed
authorisation with him or her in the vehicle.
Licence to drive, either learner's or driving licence
13. A licence authorising the driving of a motor vehicle shall be issued by
a driving licence testing centre in accordance with this Chapter and shall be
either-
(a) a provisional licence, to be known as a learner's licence; or
(b) a licence, to be known as a driving licence,
and, except as otherwise provided in this Chapter, no person shall be
examined or tested for the purpose of the issue to him or her of a driving
licence unless he or she is the holder of a learner's licence.
Prescribing, classification and extent of learner's or driving licence
14. Subject to this Chapter-
(a) the category of a learner's or driving licence;
(b) the class of motor vehicle to which each category of such licence
relates;
(c) the authority granted by such licence;
(d) the period of validity of such licence;
(e) the limitations to which the authority granted by such licence shall be
subject; and
(f) the form and content of such licence,
shall be as prescribed.
Disqualification from obtaining or holding learner's or driving licence
15. (1) A person shall be disqualified from obtaining or holding a
learner's or driving licence-
(a) if he or she-
(i) in the case of any licence for a motor cycle, motor tricycle or
motor quadrucycle having an engine with a cylinder capacity not
exceeding 125 cubic centimetres or which is propelled by electrical
power or which is a vehicle as contemplated in paragraph (b) of the
definition of "motor vehicle", is under the age of 16 years;
(ii) in the case of a learner's licence for a light motor vehicle, being
a motor vehicle not of a class referred to in subparagraph (i) and
the tare of which does not exceed 3500 kilograms or, where such
motor vehicle is-
(aa) a bus or goods vehicle, the gross vehicle mass of which does
not exceed 3 500 kilograms;
(bb) an articulated motor vehicle, the gross combination mass of
which does not exceed 3 500 kilograms,
is under the age of 17 years; or
(iii) in the case of any other licence, is under the age of 18 years;
(b) during any period in respect of which he or she has been declared by a
competent court or authority to be disqualified from obtaining or
holding a licence to drive a motor vehicle, while such disqualification
remains in force;
(c) where a licence to drive a motor vehicle held by him or her has been
suspended by a competent court or authority, while such suspension
remains in force;
(d) where a licence to drive a motor vehicle held by him or her has been
cancelled by a competent court or authority, for such period as he or
she may not apply for a licence;
(e) if such licence relates to a class of motor vehicle which he or she may
already drive under a licence held by him or her;
if he or she is suffering from one of the following diseases or
disabilities:
(i) Uncontrolled epilepsy;
(ii) sudden attacks of disabling giddiness or fainting due to
hypertension or any other cause;
(iii) any form of mental illness to such an extent that it is necessary
that he or she be detained, supervised, controlled and treated as a
patient in terms of the Mental Health Act, 1973 (Act No. 18 of
1973);
(iv) any condition causing muscular incoordination;
(v) uncontrolled diabetes mellitus;
(vi) defective vision ascertained in accordance with a prescribed
standard;
(vii) any other disease or physical defect which is likely to render him
or her incapable of effectively driving and controlling a motor
vehicle of the class to which such licence relates without
endangering the safety of the public: Provided that deafness shall
not of itself be deemed to be such a defect;
(g) if he or she is addicted to the use of any drug having a narcotic effect
or the excessive use of intoxicating liquor; or
(h) in such other circumstance as may be prescribed, either generally or in
respect of a particular class of learner's or driving licence.
(2) The MEC concerned may, if he or she deems it expedient and on such
conditions as he or she may deem fit, declare that any person shall no longer
be subject to any disqualification, suspension or cancellation by a competent
authority referred to in subsection (1)(b), (c) or (d), respectively: Provided
that in the case of any cancellation such declaration shall be subject to
section 25(9).
Failure to disclose disqualification in respect of licence authorising driving
of motor vehicle prohibited
16. (1) No person shall, when applying for a learner's or driving licence,
wilfully fail to disclose any disqualification to which he or she is subject in
terms of section 15.
(2) Any person who-
(a) is the holder of a licence authorising the driving of a motor vehicle in
terms of this Chapter; and
(b) becomes aware thereof that he or she is disqualified from holding such
licence,
shall, within a period of 21 days after having so become aware of the
disqualification, submit the licence or, in the case where it is contained
in an identity document, that document to the MEC of the province concerned.
(3) When a licence is submitted in terms of subsection (2) the MEC shall
cancel it and if the licence was issued in a prescribed territory he or she
shall notify the authority which issued it of the cancellation: Provided that
if the MEC is satisfied that the holder thereof is competent to drive the class
of motor vehicle concerned with the aid of glasses, an artificial limb or any
other physical aid, the MEC shall, in the case where the licence-
(a) is contained in an identity document-
(i) not cancel the licence, but endorse the licence accordingly and such
endorsement shall be a condition subject to which the licence is
held;
(ii) return the identity document to the holder thereof; or
(b) is not contained in an identity document, issue or authorise the issue
of a new licence in the prescribed manner reflecting the conditions on
which it is issued.
Application for and issue of learner's licence
17. (1) Subject to section 24, a person desiring to obtain a learner's
licence shall in person apply therefor in the prescribed manner to an
appropriately graded driving licence testing centre.
(2) Upon receipt of an application in terms of subsection (1), the driving
licence testing centre concerned shall, if it is satisfied from the information
furnished in the application or from such further information as such centre
may reasonably request, that the applicant is not disqualified from obtaining a
learner's licence, determine a day on and time at which the applicant shall
present himself or herself to be examined and tested by an examiner for driving
licences in the manner and in respect of the matters as prescribed.
(3) If the examiner for driving licences is satisfied that the applicant has
sufficient knowledge of the matters as prescribed in respect of the class of
vehicle concerned, and is not disqualified in terms of section 15 from
obtaining a learner's licence, the examiner shall issue or authorise the issue
of a learner's licence in the prescribed manner to such applicant in respect of
the appropriate class of motor vehicle, and the examiner or the person
authorised thereto by him or her shall-
(a) in the case where the applicant is found to be competent to drive with
the aid of spectacles or contact lenses, an artificial limb or other
physical aid, endorse the licence accordingly; and
(b) in the case where the applicant is a physically disabled person who has
to drive a vehicle adapted for physically disabled persons, or a vehicle
adapted specifically for that physically disabled applicant, endorse the
licence accordingly.
(4) No person shall wilfully or negligently issue or authorise the issue of
a learner's licence contrary to the provisions of this Chapter.
Application for and issue of driving licence
18. (1) Subject to section 24, the holder of a learner's licence who
desires to obtain a driving licence shall apply in the prescribed manner to an
appropriately graded driving licence testing centre for a licence to drive a
motor vehicle of a class the driving of which is authorised by his or her
learner's licence.
(2) Upon receipt of an application in terms of subsection (1), the driving
licence testing centre concerned shall, if it is satisfied from the information
furnished in the application or from such further information as such centre
may reasonably request, that the applicant is not disqualified from obtaining a
driving licence, determine a day on and time at which the applicant shall
present himself or herself to be examined by an examiner for driving licences
in the manner and in respect of the matters as prescribed, and for such purpose
the applicant shall supply a motor vehicle of the class to which his or her
application relates.
(3) An examiner for driving licences shall test an applicant for a driving
licence in the manner and in respect of the matters as prescribed.
(4) If an examiner for driving licences has satisfied himself or herself in
terms of subsection (3) that an applicant for a driving licence is competent,
as prescribed, to drive a motor vehicle of the class to which such applicant's
application relates, the examiner shall issue or authorise the issue of a
driving licence in the prescribed manner to such applicant in respect of that
class of motor vehicle, and the examiner or the person authorised thereto by
him or her shall-
(a) in the case where the applicant has in terms of subsection (2) provided
a motor vehicle equipped with an automatic transmission or the motor
vehicle is electrically powered, endorse the driving licence to the
effect that authorisation is granted only for the driving of a motor
vehicle equipped with an automatic transmission or which is electrically
powered, as the case may be;
(b) in the case where the applicant is found to be competent to drive with
the aid of spectacles or contact lenses, an artificial limb or other
physical aid, endorse the licence accordingly; and
(c) in the case where the applicant is a physically disabled person who has
to drive a vehicle adapted for physically disabled persons, or a vehicle
adapted specifically for that physically disabled applicant, endorse the
licence accordingly.
(5) No person shall wilfully or negligently-
(a) issue a driving licence;
(b) authorise the issue of a driving licence; or
(c) endorse or fail to endorse a driving licence,
contrary to this section.
(6) A driving licence which has officially been included in an identity
document shall be deemed to be a driving licence issued under this Act.
Substitution of driving licence issued before certain date
19. (1) The holder of a driving licence issued in accordance with section
18(4) before the commencement of this Act, may-
(a) if such licence is contained in an identity document, apply to a driving
licence testing centre; or
(b) if such licence is not contained in an identity document, apply to the
driving licence testing centre where such holder was tested for that
licence,
for one or more driving licences to be issued to him or her in substitution
of his or her existing licence.
(2) An application under subsection (1) shall be made in the prescribed
manner and be accompanied by the prescribed documents.
(3) Upon receipt of an application under subsection (1) the examiner for
driving licences or person authorised thereto, if he or she is satisfied that
the existing licence is a valid licence and that the applicant is the holder
thereof, shall, subject to section 25, issue or authorise the issue of a
driving licence on the prescribed form and in the prescribed manner in respect
of the class of motor vehicle to which the existing licence relates.
Special provisions in relation to driving licences which ceased to be valid in
terms of road traffic ordinance
20. (1) The holder of a licence issued in terms of section 57 of the road
traffic ordinance, which licence ceased to be a valid driving licence in terms
of-
(a) section 59(1) of the said Ordinance (Transvaal);
(b) section 59(1) of the said Ordinance (Natal);
(c) section 59(2) of the said Ordinance (the Orange Free State); and
(d) section 59A(1) of the said Ordinance (the Cape of Good Hope),
may, subject to section 15 of this Act, apply to a prescribed authority that
a driving licence be issued to him or her, to drive a motor vehicle of a
class corresponding to the class mentioned in the licence issued to him or
her, in terms of section 57 of the Ordinance concerned, subject to such
conditions as may apply to the latter licence.
(2) An application for a driving licence under subsection (1) shall be
accompanied by-
(a) the licence issued in terms of section 57 of the road traffic ordinance
or a duplicate thereof; or
(b) the prescribed form.
(3) Upon receipt of an application under subsection (1), the prescribed
authority shall satisfy itself in the prescribed manner as to the authenticity
of the document referred to in subsection (2)(a) and, if satisfied, issue a
driving licence in the manner prescribed in section 18(4) to the applicant and,
if applicable, endorse such driving licence in accordance with section 18(4).
Power of MEC in respect of examination and testing of applicant for learner's
or driving licence
21. Notwithstanding anything to the contrary in this Act contained, the MEC
may, whenever he or she deems it necessary, direct where and by which examiner
for driving licences an applicant for a learner's or driving licence shall be
examined and tested and at which driving licence testing centre such applicant
may apply for a driving licence.
Holder of licence to drive motor vehicle shall give notice of change of place
of residence
22. When the holder of a licence to drive a motor vehicle which was issued
in terms of this Chapter, has changed his or her place of residence
permanently, he or she shall, within 14 days after such change, notify in the
prescribed manner the registering authority in whose area he or she is
ordinarily resident of his or her new residential and postal address.
When licence not issued in terms of this Act deemed to be driving licence
23. (1) Subject to subsection (2) and the prescribed conditions-
(a) a licence authorising the driving of a motor vehicle and which was
issued in any other country; and
(b) an international driving permit which was issued while the holder
thereof was not permanently or ordinarily resident in the Republic,
shall, in respect of the class of motor vehicle to which that licence or
permit relates and subject to the conditions thereof, be deemed to be a
licence for the purposes of this Chapter: Provided that if that licence is
a provisional licence or an international driving permit, it shall not
authorise the driving of a motor vehicle carrying passengers and in respect
of which a professional driving permit is required.
(2) (a) The period in respect of which a licence or an international driving
permit referred to in subsection (1) shall be deemed to be a licence for the
purposes of this Chapter, shall be as prescribed.
(b) The holder of a licence or an international driving permit referred to
in subsection (1) may, subject to the prescribed conditions, apply for a
driving licence to take the place of such licence or permit.
(3) An application under subsection (2)(b) shall be made in the prescribed
manner to an appropriately graded driving licence testing centre.
(4) On receipt of an application under subsection (2)(b), the driving
licence testing centre concerned shall, subject to the prescribed conditions,
issue to the applicant a driving licence in the prescribed manner.
Department of State may issue learner's or driving licence to person in its
employment only
24. (1) A department of State registered as a driving licence testing
centre may issue a learner's or driving licence in the prescribed form to a
person who is in the employment of such department of State only.
(2) For the purposes of subsection (1), a person who renders service in the
South African National Defence Force shall be deemed to be in the employment of
the Department of Defence.
(3) A licence authorising the driving of a motor vehicle and which was
issued by a department of State prior to 1 January 1993, shall, subject to the
prescribed conditions, grant the holder thereof the right to be issued with a
driving licence of the appropriate class in accordance with this Chapter.
Suspension or cancellation by MEC of licence authorising driving of motor
vehicle
25. (1) If the holder-
(a) of a learner's or driving licence issued in terms of this Chapter, a
repealed ordinance or any prior law, is disqualified in terms of section
15 from holding it, the MEC of the province concerned shall cancel such
licence; or
(b) of a licence referred to in paragraph (a) would constitute a source of
danger to the public by driving a motor vehicle on a public road, the
MEC of the province concerned may cancel or suspend such licence.
(2) For the purposes of subsection (1) the MEC may request the holder of the
licence concerned to submit himself or herself within such period as the MEC
may determine-
(a) to an examination and a test by one or more examiners for driving
licences nominated by the MEC, to determine his or her competency to
drive a motor vehicle of the class to which his or her licence relates,
and for the purpose of such examination and test the holder of the
licence concerned shall provide a motor vehicle of the class concerned:
Provided that the holder of the licence concerned may request that he or
she be submitted to an examination and a test to determine his or her
competency to drive a motor vehicle-
(i) of any other class of which the driving is authorised by his or her
licence; or
(ii) of a specific prescribed class,
and for the purpose of such examination and test he or she shall provide
a motor vehicle of the class concerned;
(b) to an examination, at the cost of the Administration of the province
concerned, by a medical practitioner nominated by the MEC, to determine
his or her physical and mental fitness to drive a motor vehicle; or
(c) to an examination and a test contemplated in paragraph (a) and an
examination contemplated in paragraph (b).
(3) If the holder of the licence concerned is, after the examination and
test in terms of subsection (2)(a), found to be competent to drive a motor
vehicle of the class provided by him or her and is not disqualified in terms of
section 15, the MEC may direct-
(a) that every licence authorising the driving of a motor vehicle and of
which he or she is the holder shall be cancelled; and
(b) that a driving licence in respect of a motor vehicle of the class
provided by him or her shall be issued to him or her by an examiner for
driving licences of the authority authorised thereto by the MEC, and for
that purpose the provisions of section 18(4) shall apply with the
necessary changes.
(4) If any person, after having been examined and tested in terms of
subsection (2)(a), is found not to be competent to drive a motor vehicle of the
class provided by him or her, the MEC concerned shall forthwith cancel the
licence concerned.
(5) If any person fails to comply with a request in terms of subsection (2),
the MEC may forthwith suspend or cancel, as the case may be, the licence
concerned unless such person is able to satisfy the MEC within a period
determined by the MEC that such failure was due to a reason beyond his or her
control and that such licence should not be so suspended or cancelled.
(6) The suspension or cancellation of a licence in terms of this section
shall apply to any other learner's or driving licence held by the holder of
such suspended or cancelled licence and recognised in terms of this Chapter as
a valid licence, as the MEC may determine.
(7) (a) When a licence is cancelled or suspended in terms of subsection (1)
or is cancelled in terms of subsection (3)(a) or (4), the holder thereof shall
forthwith submit the licence or, in the case where it is contained in an
identity document, that document to the MEC or an inspector of licences
authorised by him or her.
(b) If the licence is not contained in an identity document-
(i) but particulars thereof are contained in the register for driving
licences, the MEC or the inspector of licences, as the case may be,
shall record particulars of the cancellation or suspension in that
register;
(ii) and particulars thereof are not contained in the register for
driving licences, the MEC or the inspector of licences, as the case
may be, shall notify the authority which issued the licence of the
cancellation or suspension,
and where the licence has been suspended the MEC or the inspector of
licences, as the case may be, shall retain the licence until the period
of suspension expires, whereafter it shall be returned to the holder
thereof.
(c) If the licence is contained in an identity document, the MEC or
inspector of licences, as the case may be, shall effect an appropriate
endorsement on the licence, record the particulars of the cancellation
or suspension in the register for driving licences and return the
identity document to the holder thereof.
(8) The MEC may, where he or she deems it expedient and on such conditions
as he or she may deem fit-
(a) in the prescribed manner reinstate a licence suspended in terms of this
section;
(b) authorise a person whose licence has been cancelled in terms of this
section to apply for a learner's and a driving licence.
(9) A person whose learner's or driving licence has been cancelled in terms
of this Act, a repealed ordinance or any prior law or by any competent court or
authority, shall be deemed to be unlicensed, and any person whose learner's or
driving licence has so been suspended shall, during the period of the
suspension, be deemed to be unlicensed.
(10) Where any circumstance arises in relation to the holder of a licence
authorising the driving of a motor vehicle and which is issued in a prescribed
territory or a foreign state, which would have disqualified such person as
contemplated in section 15 from obtaining a driving licence, or if such holder
would constitute a source of danger to the public by driving a motor vehicle on
a public road, the MEC concerned may inform such person that such licence is of
no force within the Republic, and as from the date on which such person is so
informed the licence shall cease to be in force within the Republic.
Lapsing of endorsement on licence
26. (1) An endorsement in terms of any order of a court effected on any
licence authorising the driving of a motor vehicle in terms of this Chapter,
shall lapse after the expiry of a period of five years from the date upon which
such endorsement was ordered, if during such period no further endorsement has
been ordered on that licence: Provided that no other period of suspension of
such licence shall be included in the calculation of the period of five years.
(2) Where, in relation to a driving licence, all endorsements have lapsed in
accordance with subsection (1), the authority which issued such licence may,
upon application by the holder thereof in the prescribed manner, issue to such
holder a driving licence free from any endorsements.
Cancellation or amendment of endorsement on licence
27. (1) Where the holder of a licence-
(a) authorising the driving of a motor vehicle in the Republic; and
(b) on which an endorsement in terms of section 18(4) or a similar
endorsement by a competent authority in a prescribed territory has been
effected, is of the opinion that there are circumstances justifying the
cancellation or amendment of such endorsement, he or she may apply to
the MEC of the province in which he or she is permanently or ordinarily
resident for the cancellation or amendment of such endorsement.
(2) (a) An application under subsection (1) shall be accompanied by-
(i) the licence concerned or, in the case where it is contained in an
identity document, that document;
(ii) a statement by the applicant setting forth the reasons for the
application.
(b) The MEC concerned shall issue the applicant with a receipt for such
licence or document, which shall be deemed to be sufficient for the purposes of
section 12(b).
(3) Upon receipt of an application under subsection (1) the MEC may, for the
purpose of the consideration thereof-
(a) require the applicant to submit such further statement or document; or
(b) take such other steps, as the MEC may deem expedient.
(4) If an application under subsection (1)-
(a) is refused by the MEC, he or she shall notify the applicant accordingly
and return the licence or identity document concerned to him or her; or
(b) is granted by the MEC, he or she shall-
(i) cancel the licence and issue or authorise the issue of a new licence
in the prescribed manner without endorsement or reflecting the
amended endorsement, as the case may be; and
(ii) notify the authority which issued the licence or, in the case where
it is contained in an identity document, the Director-General of
Home Affairs accordingly.
Uniform standards for instructors
28. (1) No person shall act as instructor in accordance with the laws of
any province unless he or she is-
(a) registered in terms of the laws of that province to act as an instructor
and has passed the prescribed examination;
(b) of good character;
(c) mentally and physically fit to act as an instructor, and was medically
(2) A person referred to in subsection (1) shall only be registered as an
instructor in respect of a class of motor vehicle which he or she is licensed
to drive.
Voidness of learner's or driving licence issued contrary to Chapter
29. A learner's or driving licence issued contrary to this Chapter, shall
be void, and upon the request of the MEC concerned, the authority which issued
such licence or a traffic officer, as the case may be, the holder of such
licence shall forthwith submit it or, in the case where it is contained in an
identity document, that document to that MEC, the authority which issued it or
the traffic officer, as the case may be, who shall cancel the licence in the
prescribed manner: Provided that the traffic officer may cancel the licence
only with the prior approval of the MEC concerned.
Use of somebody's learner's or driving licence by another prohibited
30. No person who is the holder of a learner's or driving licence shall
allow such licence to be used by any other person.
Unlicensed driver not to be employed or permitted to drive motor vehicle
31. No person who is the owner or operator, or is in charge, or control, of
a motor vehicle shall employ or permit any other person to drive that vehicle
on a public road unless that other person is licensed in accordance with this
Chapter to drive the vehicle.
Professional driver to have permit
32. (1) No person shall drive a motor vehicle in respect of which an
operator is registered on a public road except in accordance with the
conditions of a permit (to be known as a professional driving permit) issued to
him or her in accordance with this Chapter and unless he or she keeps such
permit with him or her in the vehicle: Provided that this subsection shall not
apply to the holder of a learner's licence who drives such vehicle while he or
she is accompanied by a person registered as a professional driver in respect
of that class of vehicle.
(2) The-
(a) categories of;
(b) nature and extent of the authority granted by;
(c) period of validity of;
(d) form and content of;
(e) application for and issue of;
(f) suspension and cancellation of;
(g) incorporation in any other document of; and
(h) other necessary or expedient matters in relation to, professional
driving permits, shall be as prescribed.
(3) (a) Any document issued by a competent authority in any prescribed
territory and serving in that territory a purpose similar to that of a
professional driving permit shall, subject to the conditions thereof and to
such conditions as may be prescribed, be deemed to be a professional driving
permit for the purposes of subsection (1).
(b) A public driving permit issued in terms of the Road Traffic Act, 1989
(Act No. 29 of 1989), or a road traffic law contemplated in section 229 of the
Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993),
shall, in accordance with the conditions thereof but subject to this Act, be
deemed to be a professional driving permit for the purposes of this section for
the period of validity of that public driving permit.
Production of licence and permit to court
33. (1) If any person is charged with any offence in terms of this Act
relating to the driving of a motor vehicle or a failure to stop after or report
an accident, he or she shall produce every licence and permit of which he or
she is the holder, or a duplicate thereof issued in terms of this Act if he or
she is not in possession of the original, to the court at the time of the
hearing of the charge.
(2) For the purposes of this section and sections 34 to 36, inclusive
"licence" means a learner's or driving licence; and "permit" means a
professional driving permit.
(3) No person referred to in subsection (1) shall, without reasonable
excuse, refuse or fail to produce in terms of that subsection the licence and
permit or duplicate so referred to on request.
Court may issue order for suspension or cancellation of licence or permit or
disqualify person from obtaining licence or permit
34. (1) Subject to section 35, a court convicting a person of an offence in
terms of this Act, or of an offence at common law, relating to the driving of a
motor vehicle may, in addition to imposing a sentence, issue an order, if the
person convicted is -
(a) the holder of a licence, or of a licence and permit, that such licence
or licence and permit be suspended for such period as the court may deem
fit or that such licence or licence and permit be cancelled, and any
such licence shall be dealt with as provided in subsection (3);
(b) the holder of a licence, or of a licence and permit, that such licence
or licence and permit be cancelled, and that the person convicted be
disqualified from obtaining a licence, or a licence and permit, for any
class of motor vehicle for such period as the court may deem fit, and
any such licence shall be dealt with as provided in subsection (3); or
(c) not the holder of a licence, or of a licence and permit, declaring him
or her to be disqualified from obtaining a licence, or a licence and
permit, either indefinitely or for such period as the court may deem
fit.
(2) The making of an endorsement in terms of subsection (3) may be postponed
by the court issuing the order until any appeal against the conviction or
sentence or both has been disposed of.
(3) Where a court has issued an order under subsection (1)(a) or (b) the
registrar or clerk of the court shall, subject to subsection (2), in the case
where the licence(a) is contained in an identity document, endorse such licence
accordingly and return the identity document to the holder thereof; or(b) is
not contained in an identity document, retain such licence and deal with it in
the prescribed manner.
On conviction of certain offences licence and permit shall be suspended for
minimum period and learner's or driving licence may not be obtained
35. (1) Subject to subsection (3), every driving licence or every licence
and permit of any person convicted of an offence referred to in-
(a) section 61(1)(a), (b) or (c), in the case of the death of or serious
injury to a person;
(b) section 63(1), if the court finds that the offence was committed by
driving recklessly;
(c) section 65(1), (2) or (5), where such person is the holder of a driving
licence or a licence and permit, shall be suspended in the case of-
(i) a first offence, for a period of at least six months;
(ii) a second offence, for a period of at least five years; or
(iii) a third or subsequent offence, for a period of at least ten years,
calculated from the date of sentence.
(2) Subject to subsection (3), any person who is not the holder of a driving
licence or of a licence and permit, shall, on conviction of an offence referred
to in subsection (1), be disqualified for the periods mentioned in paragraphs
(i) to (iii), inclusive, of subsection (1) calculated from the date of
sentence, from obtaining a learner's or driving licence or a licence and
permit.
(3) If a court convicting any person of an offence referred to in subsection
(1), is satisfied that circumstances exist which do not justify the suspension
or disqualification referred to in subsection (1) or (2), respectively, the
court may, notwithstanding the provisions of those subsections, order that the
suspension or disqualification shall not take effect, or shall be for such
shorter period as the court may deem fit.
(4) A court convicting any person of an offence referred to in subsection
(1) shall, before imposing sentence, bring the provisions of subsection (1) or
(2), as the case may be, and of subsection (3) to the notice of such person.
(5) The provisions of section 36 shall with the necessary changes apply to
the suspension of a driving licence or a licence and permit in terms of this
section.
Procedure subsequent to suspension or cancellation of licence or permit
36. (1) Where a court has issued an order that any licence or any permit be
suspended or cancelled, the prescribed procedure shall be followed.
(2) Whenever a licence is or a licence and permit are suspended or cancelled
in terms of an order of court, the suspension or cancellation shall apply to
every other licence or licence and permit, as the case may be, held by the
person concerned.
CHAPTER V
Fitness of vehicles
Testing station to be registered
37. No person, department of State or registering authority shall operate a
testing station unless such testing station is registered and graded.
Application for registration of testing station
38. Any person, department of State or registering authority desiring to
operate a testing station shall apply in the prescribed manner to the MEC
concerned for the registration of such testing station.
Registration and grading of testing station
39. If, upon receipt of an application referred to in section 38, the MEC
is satisfied that the prescribed requirements for registration of the testing
station concerned have been met, he or she shall register and grade such
testing station on the conditions and in the manner prescribed, and shall give
notice of such registration in the Provincial Gazette: Provided that the MEC
may provisionally register and grade a testing station operated by a
registering authority, on the conditions and in the manner prescribed.
Suspension or cancellation of registration of testing station
40. The MEC may, if a registered testing station no longer complies with
the requirements contemplated in section 39, suspend, for such period as he or
she may deem fit, or cancel the registration of such testing station or regrade
the testing station in the prescribed manner.
Appointment of national inspectorate of testing stations
41. (1) The Minister shall appoint a person, an authority or a body as a
national inspectorate of testing stations.
(2) The powers and duties of the inspectorate contemplated in subsection (1)
in relation to the inspection and the control of standards, grading and
operation of testing stations shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on
behalf of that inspectorate for the purposes of performing its functions,
prescribe fees to be paid in respect of every examination conducted or test
carried out regarding the roadworthiness of a motor vehicle.
Roadworthy certificate required in respect of motor vehicle
42. (1) No person shall operate a motor vehicle which is not in a
roadworthy condition on a public road.
(2) No person shall operate a motor vehicle on a public road unless the
requirements in respect of roadworthiness certification contemplated in
subsection (3) in relation to such motor vehicle are complied with, and except
in accordance with the conditions of a roadworthy certificate.
(3) Subject to this Chapter-
(a) the categories of roadworthy certificates;
(b) the classes in which motor vehicles are classified for the purposes of
prescribing the requirements regarding roadworthiness and the
requirements for roadworthiness certification applicable to each class
of motor vehicle;
(c) the period of validity of roadworthy certificates;
(d) the examination of motor vehicles;
(e) the issue of roadworthy certificates; and
any other aspect regarding roadworthy certificates which the Minister may
deem necessary or expedient, shall be as prescribed.
(4) Any document issued by a competent authority in a prescribed territory
and serving a similar purpose to that of a roadworthy certificate shall, in
accordance with the conditions thereof but subject to this Act, be deemed to be
a roadworthy certificate for the purposes of subsection (2).
Application for roadworthy certificate
43. Any person desiring to obtain a roadworthy certificate shall apply in
the prescribed manner to an appropriately graded testing station.
Notice to discontinue operation of motor vehicle
44. (1) If a motor vehicle is not roadworthy a traffic officer or an
examiner of vehicles may, by notice in the prescribed form served on the
driver, owner or operator of such vehicle, direct that such vehicle shall not
be operated on a public road or that such vehicle shall only be operated on the
prescribed conditions.
(2) The manner in which and circumstances under which the traffic officer or
examiner of vehicles may issue a notice referred to in subsection (1), and the
further steps which shall or may be taken in respect of the vehicle concerned,
shall be as prescribed.
CHAPTER VI
Operator fitness
Registration of operator
45. (1) (a) Subject to paragraph (b), the owner of a motor vehicle of a
prescribed class is the operator of such motor vehicle, and shall be registered
as such in terms of subsection (5).
(b) Notwithstanding the provisions of paragraph (a), a person who is not a
manager, employee or agent of the owner of a motor vehicle referred to in
subsection (1) and who enters into a written agreement providing that such
motor vehicle may be operated by such person for a period-
(i) in excess of three months, is the operator of such motor vehicle,
and shall be registered as such in terms of subsection (5);
(ii) of three months or less, shall be deemed to be the operator of such
motor vehicle for that period for the purposes of section 49(c),
(d), (e), (f) and (g).
(2) The owner of a motor vehicle referred to in subsection (1) shall, in the
prescribed manner-
(a) upon the licensing of such motor vehicle in terms of Chapter 11; or
(b) within 21 days-
(i) after the conclusion or amendment of an agreement contemplated in
subsection (1)(b); or
(ii) after the vehicle became a vehicle of a class contemplated in
subsection (1)(a), notify the prescribed registering authority which
person (hereinafter in this section referred to as the designated
person) is to be registered as the operator of such motor vehicle.
(3) If the registering authority concerned is satisfied with the
notification contemplated in subsection (2), as the case may be, it shall in
such circumstances as the MEC may determine, submit the particulars of the
designated person to the MEC concerned within seven days after receipt thereof.
(4) Unless the owner of the motor vehicle concerned, at the time of the
notification contemplated in subsection (2), is registered as the operator
thereof, the registering authority may issue a temporary operator card to that
owner in the manner and on the conditions prescribed.
(5) (a) The MEC shall, if satisfied that the designated person should be
registered as the operator, notify the registering authority concerned
accordingly.
(b) The registering authority referred to in paragraph (a) shall in the
prescribed manner register the designated person as the operator.
(6) The Minister may by regulation exempt any operator or category of
operators from any provision of this Act.
Issue of operator card
46. (1) The registering authority shall, in respect of every motor vehicle
contemplated in section 45, issue an operator card in the prescribed manner:
Provided that where any operator card of a specific operator is suspended, the
registering authority shall not issue any new operator card to such operator
until the period of suspension has expired.
(2) The categories, period of validity, form and contents of an operator
card shall be as prescribed.
(3) Any document issued by a competent authority in any prescribed territory
or a foreign state and serving in such territory or state a purpose similar to
that of an operator card shall, subject to the conditions thereof and to the
prescribed conditions, be deemed to be an operator card for the purposes of
subsection (1).
(4) Where any circumstance arises in relation to the holder of an operator
card contemplated in subsection (3) which would have empowered the MEC to act
under section 50 if such card was issued in the Republic, the MEC may inform
such holder that such card is of no force within the Republic, and as from the
date on which such person is so informed, such card shall cease to be in force
within the Republic.
Operator card to be displayed on motor vehicle
47. No person shall operate a motor vehicle of any class contemplated in
section 45(1) on a public road unless a valid operator card is displayed on
such motor vehicle in the prescribed manner.
Proof of certain facts
48. (1) If in any prosecution the question arises as to who the operator of
a motor vehicle is or was, an imprint or a copy of or an extract from an
operator card certified by a peace officer, or a person authorised thereto by a
registering authority, to be true, shall, upon production thereof, be prima
facie proof that the person whose name appears as operator on such card, is or
was the operator of such vehicle at the time in question.
(2) No person shall in terms of subsection (1) certify any imprint, copy or
extract to be true, knowing that it is not a true imprint, copy or extract.
Duties of operator
49. The operator of a motor vehicle shall-
(a) notify, within seven days of any change in the circumstances in relation
to his or her registration as the operator of such motor vehicle-
(i) the owner of such motor vehicle, if applicable; and
(ii) the registering authority concerned, and return the operator card
in respect of that motor vehicle to the registering authority
concerned;
(b) keep safe and protect from theft an operator card issued to him or her
and, if any such card is lost, stolen or destroyed, he or she shall
notify the nearest police station within 24 hours and the registering
authority within whose area the holder is ordinarily resident within
seven days after having become aware of such loss, theft or destruction
or after it could reasonably be expected that he or she should have been
aware of such loss, theft or destruction, whichever event occurred
first;
(c) exercise proper control over the driver of such motor vehicle to ensure
the compliance by such driver with all the relevant provisions of this
Act, in particular the provisions regarding-
(i) the requirements in respect of the professional driving permit
referred to in section 32; and
(ii) the loading of such vehicle as prescribed by or under this Act;
(d) ensure that such motor vehicle complies with the fitness requirements
contemplated in Chapter V;
(e) conduct his or her operations with due care to the safety of the public;
(f) if dangerous goods or substances are conveyed, ensure that all
requirements for the conveyance of such goods or substances, as
prescribed in-
(i) any other law in relation to such goods or substances; and
(ii) this Act, are complied with; and
(g) take all reasonable measures to ensure that such motor vehicle is
operated on a public road in compliance with the provisions for the
loading and transportation of goods as prescribed by or under this Act.
Power of MEC in respect of motor vehicles, drivers and activities of operators
50. (1) The MEC concerned may, on account of any evidence regarding the
state of fitness of a motor vehicle in respect of which an operator is
registered, produced to him or her in accordance with subsection (4), by
written notice-
(a) notify such operator that such motor vehicle is suspected of being
unroadworthy and that the operator should forthwith take adequate steps
to ensure its continued roadworthiness in accordance with Chapter V;
(b) require from such operator to indicate in writing what precautions he or
she has taken to ensure the continued roadworthiness of such motor
vehicle in accordance with Chapter V;
(c) direct such operator to produce such motor vehicle for inspection,
examination or testing at a time and place specified in such notice; and
(d) suspend the operator card issued in respect of such motor vehicle, if
such motor vehicle has been examined or tested under paragraph (c) and
found to be unroadworthy in terms of Chapter V, for such period as such
motor vehicle is so unroadworthy.
(2) The MEC concerned may, on account of the record of a driver of a motor
vehicle in respect of which an operator is registered, by written notice-
(a) inform such operator that it is suspected that he or she does not
exercise proper control over the driver under his or her authority as
required by section 49;
(b) require such operator to indicate in writing what precautions he or she
has taken in order to ensure proper control over drivers under his or
her authority;
(c) require such operator to produce for examination the records regarding
drivers which an operator is required to keep in terms of this Act; and
(d) direct that the driver concerned be retested in terms of section 25.
(3) The MEC concerned may, if the record of an operator indicates that such
operator does not comply with the provisions of this Act, by written notice-
(a) direct such operator to carry out his or her duties in terms of section
49 properly;
(b) appoint a person whom he or she deems fit, to investigate the activities
or specific activities of such operator and direct the person so
appointed to make a written recommendation to him or her regarding what
measures should be taken in respect of such operator;
(c) direct such operator to appear before him or her or before any other
person appointed by him or her, in order to furnish reasons for his or
her failure to carry out his or her duties in terms of section 49; and
(d) notify such operator-
(i) that an operator card shall only be issued to him or her on such
conditions as that MEC may deem fit;
(ii) that no further operator card shall be issued to him or her for
such period as that MEC may specify in the notice; or
(iii) that the operator card or cards relating to such motor vehicle or
vehicles as the MEC may determine in respect of which he or she is
registered as the operator is or are suspended until that MEC is
satisfied that the grounds for the suspension have lapsed: Provided
that-
(aa) the period of any suspension under subparagraph (iii) shall not
exceed 12 months;
(bb) any decision by the MEC under this paragraph shall only be
taken on the basis of a recommendation by a person appointed
under paragraph (b);
(cc) the MEC shall, within 21 days after the date of the notice, in
writing furnish such operator with the reasons for his or her
decision.
(4) The MEC concerned may, in the exercise of his or her powers under this
section-
(a) require any operator, subject to any legal objection, to make discovery
of documents by way of affidavit or by answering interrogatories on oath
and to produce such documents for inspection;
(b) require any operator to allow inspection of any records and documents
required to be kept by the operator in terms of this Act;
(c) appoint a commission to take the evidence of any person in the Republic
or in a prescribed territory or in a foreign state and to forward such
evidence to him or her in the same manner as if the commission were a
commissioner appointed by a court; and
(d) at any time require that an inquiry be instituted into the operational
activities of an operator by a person appointed by him or her for that
purpose and, if such operator is a company, also into those of any other
company in a group of companies to which the operator belongs or of
which the operator is the controlling company.
(5) The MEC concerned may, if he or she on reasonable grounds suspects that
any person registered as the operator of a motor vehicle is not the bona fide
operator of such vehicle, require proof from the owner of the vehicle that the
person so registered is in fact the operator of the vehicle concerned, and if
it is not proved to the satisfaction of the MEC that the person so registered
is in fact the operator of the vehicle concerned, the owner of the vehicle
shall be deemed to be the operator thereof.
Act or omission of manager, agent or employee of operator
51. (1) Whenever any manager, agent or employee of an operator commits or
omits an act which would have constituted an offence in terms of this Act if
the operator had committed or omitted such act, that operator shall, in the
absence of evidence-
(a) that he or she did not connive at or permit such act or omission;
(b) that he or she took all reasonable measures to prevent an act or
omission of the nature concerned; and
(c) that an act or omission of the nature of the act or omission charged did
not fall within the scope of the authority of or the course of the
employment as such manager, agent or employee, be deemed himself or
herself to have committed or omitted that act and be liable to be
convicted and sentenced in respect thereof.
(2) Whenever any manager, agent or employee of an operator commits or omits
any act which would have constituted an offence in terms of this Act if such
operator had committed or omitted it, such manager, agent or employee shall be
liable to be convicted and sentenced in respect thereof as if he or she were
such operator.
CHAPTER VII
Road safety
Powers and functions of Director-General
52. (1) The Director-General may-
(a) prepare a comprehensive research programme to effect road safety in the
Republic, carry it out systematically and assign research projects to
persons who, in his or her opinion, are best equipped to carry them out;
(b) give guidance regarding road safety in the Republic by means of the
organising of national congresses, symposiums, summer schools and study
weeks, by means of mass-communication media and in any other manner
deemed fit by the Director-General.
(2) In order to perform his or her functions properly the Director-General
may-
(a) finance research in connection with road safety in the Republic;
(b) publish a periodical to promote road safety in the Republic, and pay
fees for matters inserted therein;
(c) give guidance to associations or bodies working towards the promotion of
road safety in the Republic;
(d) organise national congresses, symposiums, summer schools and study weeks
and, if necessary, pay the costs therefor, and remunerate persons
performing thereat;
(e) with a view to promoting road safety in the national sphere, publish
advertisements in the mass-communication media.
(3) The Director-General shall exercise his or her powers and perform his or
her functions subject to the control and directions of the Minister.
Delegation by Director-General
53. (1) The Director-General may, subject to such conditions as he or she
may deem necessary-
(a) delegate to an officer employed by the Department any power conferred
upon him or her by section 52; or
(b) authorise an officer employed by the Department to carry out any duty
assigned to him or her by section 52.
(2) Any person to whom any power has been so delegated or who has been so
authorised to carry out any duty shall exercise that power or carry out that
duty subject to the directions of the Director-General, and the
Director-General may at any time revoke such delegation or authorisation.
(3) Any delegation or authorisation under subsection (1) shall not prevent
the Director-General from exercising that power or carrying out that duty
himself or herself.
CHAPTER VIII
Dangerous goods
Transportation of certain dangerous goods prohibited
54. No person shall, except as prescribed, offer for transportation in a
vehicle, or transport in a vehicle, or accept after transportation in, on or by
a vehicle, any prescribed dangerous goods.
Appointment of dangerous goods inspector or inspectorate
55. (1) (a) The Minister may appoint a person, an authority or a body as a
dangerous goods inspector or inspectorate.
(b) The training and qualifications of a person appointed under paragraph
(a) shall be as prescribed, and an authority or body shall have the services of
persons with the prescribed training and qualifications at its disposal before
that authority or body is so appointed.
(2) The powers and duties of the inspector or inspectorate contemplated in
subsection (1)(a) in relation to the transportation of prescribed dangerous
goods shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on
behalf of that inspector or inspectorate for the purposes of performing his,
her or its functions, prescribe fees to be paid in respect of inspections
carried out by him, her or it in terms of this Act.
CHAPTER IX
Road traffic signs and general speed limit
Minister may prescribe road traffic signs
56. (1) The Minister may, subject to this Act and for the purpose of
prohibiting, limiting, regulating or controlling traffic in general or any
particular class of traffic on a public road or a section thereof or for the
purpose of designating any public road or a section thereof as a public road of
a particular class, prescribe such signs, signals, markings or other devices
(to be known as road traffic signs) as he or she may deem expedient, as well as
their significance and the conditions on and circumstances under which any road
traffic sign may be displayed on a public road.
(2) The Minister may, subject to such conditions as he or she may deem
expedient, authorise any person or body to display on a public road any sign,
signal, marking or other device for the purpose of ascertaining the suitability
of such sign, signal or device as a road traffic sign.
Authority to display road traffic signs
57. (1) The Minister, or any person authorised thereto by him or her, may
in respect of any public road cause or permit to be displayed in the prescribed
manner such road traffic signs as he or she may deem expedient.
(2) The MEC concerned, or any person authorised thereto by him or her either
generally or specifically, may in respect of any public road not situated
within the area of jurisdiction of a local authority, cause or permit to be
displayed in the prescribed manner any such road traffic signs as he or she may
deem expedient.
(3) (a) A local authority, or any person in its employment authorised
thereto by it either generally or specifically, may in respect of any public
road within the area of jurisdiction of that local authority display or cause
to be displayed in the prescribed manner any such road traffic signs as such
authority or person may deem expedient.
(b) A local authority may in writing authorise any other person or body to
display or cause to be displayed within its area of jurisdiction and in the
prescribed manner any road traffic sign approved by it prior to the display of
such sign.
(c) A local authority referred to in paragraph (b) may determine the
conditions for such display and may order the removal of such sign.
(4) Notwithstanding the provisions of subsections (2) and (3), the MEC
concerned, or any person authorised thereto by him or her either generally or
specifically, may in respect of any public road referred to in subsection (3)
and which is a road constructed or maintained by the Administration of the
province concerned, in addition to the road traffic signs referred to in
subsection (3), cause or permit to be displayed in the prescribed manner such
road traffic signs as he or she may deem expedient, and no local authority may
without the consent of that MEC remove or permit to be removed any such road
traffic sign.
(5) In such circumstances and subject to such conditions as the MEC
concerned may determine, scholars or students may be organised into patrols (to
be known as scholars' patrols) for the purpose of displaying, in the prescribed
manner, an appropriate road traffic sign so as to ensure the safety of scholars
or students crossing a public road.
(6) The MEC concerned may authorise any association or club to display any
such road traffic signs as he or she may deem expedient, subject to such
conditions as the MEC may determine, on any public road referred to in
subsection (2) or (3), and any such association or club may thereupon, in the
prescribed manner, display a badge or other token of the association or club in
conjunction with any such road traffic sign.
(7) Transnet Limited, or a person in its employment who has either generally
or specifically been authorised thereto, may in respect of any railway level
crossing on any public road for which Transnet Limited is responsible, cause or
permit to be displayed, in the prescribed manner, any such road traffic signs
as Transnet Limited or such person may deem expedient.
(8) Notwithstanding the provisions of subsections (3) and (7), the MEC
concerned may direct that any road traffic sign be displayed or removed by a
local authority on or along any public road in the area of jurisdiction of such
local authority, or by Transnet Limited on or along any railway level crossing
over a public road for which Transnet Limited is responsible, and if the local
authority concerned or Transnet Limited fails to comply with the direction,
that MEC or any person authorised thereto by him or her may cause such sign to
be displayed or removed, as the case may be, and the MEC shall recover the cost
of such display or removal from the local authority concerned or from Transnet
Limited, as the case may be.
(9) Any road traffic sign displayed in terms of a repealed ordinance or the
Road Traffic Act, 1989 (Act No. 29 of 1989), shall be deemed to be displayed
in terms of this Chapter.
(10) No person shall display any road traffic sign on a public road unless
having been authorised thereto by or under this Chapter.
(11) The MEC concerned or, within the area of jurisdiction of a local
authority, that local authority, may by notice in writing direct the owner or
occupier of any land on which any road traffic sign or other object resembling
a road traffic sign is displayed, or on which any object is displayed which
obscures or interferes with the effectiveness of any road traffic sign, to
remove such sign or object within the period specified in the notice and, if
the owner or occupier concerned fails to comply with the notice, that MEC or
local authority, as the case may be, may cause such sign or other object to be
removed.
(12) No person shall wilfully or negligently damage any road traffic sign,
or any other sign, signal, marking or other device, displayed in terms of this
Chapter, or without proper authority remove it or alter the position thereof or
the inscription, lettering colour or marking thereof or thereon.
Failure to obey road traffic sign prohibited
58. (1) Subject to subsection (3), no person shall, unless otherwise
directed by a traffic officer, fail to comply with any direction conveyed by a
road traffic sign displayed in the prescribed manner.
(2) In any prosecution for a contravention of or a failure to comply with a
provision of subsection (1), it shall be presumed, in the absence of evidence
to the contrary, that the road traffic sign concerned was displayed by the
proper authority under the power conferred by this Act and in accordance with
its provisions.
(3) The driver of a fire-fighting vehicle, a rescue vehicle or an ambulance
who drive such vehicle in the performance of his or her duties, a traffic
officer who drives a vehicle in the carrying out of his or her duties or any
person driving a vehicle while engaged in civil protection as contemplated in
any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act
No. 67 of 1977), may disregard the directions of a road traffic sign which is
displayed in the prescribed manner: Provided that-
(a) he or she shall drive the vehicle concerned with due regard to the
safety of other traffic; and
(b) in the case of any such fire-fighting vehicle, rescue vehicle, ambulance
or vehicle driven by a person while he or she is so engaged in civil
protection, such vehicle shall be fitted with a device capable of
emitting a prescribed sound and with an identification lamp, as
prescribed, and such device shall be so sounded and such lamp shall be
in operation while the vehicle is driven in disregard of the road
traffic sign.
Speed limit
59. (1) The general speed limit in respect of-
(a) every public road or section thereof, other than a freeway, situated
within an urban area;
(b) every public road or section thereof, other than a freeway, situated
outside an urban area; and
(c) every freeway, shall be as prescribed,
(2) An appropriate road traffic sign may be displayed on any public road in
accordance with section 57, indicating a speed limit other than the general
speed limit which applies in respect of that road in terms of subsection (1) :
Provided that such other speed limit shall not be higher than the speed limit
prescribed in terms of subsection (1)(c).
(3) The Minister may, after consultation with the MECs, in respect of any
particular class of vehicle prescribe a speed limit which is lower or higher
than the general speed limit prescribed in terms of subsection (1)(b) or (c):
Provided that the speed limit so prescribed shall not replace a lower speed
limit indicated in terms of subsection (2) by an appropriate road traffic sign.
(4) No person shall drive a vehicle on a public road at a speed in excess
of-
(a) the general speed limit which in terms of subsection (1) applies in
respect of that road;
(b) the speed limit indicated in terms of subsection (2) by an appropriate
road traffic sign in respect of that road; or
(c) the speed limit prescribed by the Minister under subsection (3) in
respect of the class of vehicle concerned.
Certain drivers may exceed general speed limit
60. Notwithstanding the provisions of section 59, the driver of a
fire-fighting vehicle, a rescue vehicle or an ambulance who drives such vehicle
in the carrying out of his or her duties, a traffic officer who drives a
vehicle in the carrying out of his or her duties or any person driving a
vehicle while engaged in civil protection as contemplated in an ordinance made
in terms of section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977),
may exceed the applicable general speed limit: Provided that-
(a) he or she shall drive the vehicle concerned with due regard to the
safety of other traffic; and
(b) in the case of any such fire-fighting vehicle, rescue vehicle, ambulance
of vehicle driven by a person while he or she is so engaged in civil
protection, such vehicle shall be fitted with a device capable of
emitting a prescribed sound and with an identification lamp, as
prescribed, and such device shall be so sounded and such lamp shall be
in operation while the vehicle is driven in excess of the applicable
general speed limit.
CHAPTER X
Accidents and accident reports
Duty of driver in event of accident
61. (1) The driver of a vehicle on a public road at the time when such
vehicle is involved in or contributes to any accident in which any other person
is killed or injured or suffers damage in respect of any property or animal
shall-
(a) immediately stop the vehicle;
(b) ascertain the nature and extent of any injury sustained by any person;
(c) if a person is injured, render such assistance to the injured person as
he or she may be capable of rendering;
(d) ascertain the nature and extent of any damage sustained;
(e) if required to do so by any person having reasonable grounds for so
requiring, give his or her name and address, the name and address of the
owner of the vehicle driven by him or her and, in the case of a motor
vehicle, the registration or similar mark thereof;
(f) if he or she has not already furnished the information referred to in
paragraph (e) to a traffic officer at the scene of the accident, and
unless he or she is incapable of doing so by reason of injuries
sustained by him or her in the accident, as soon as is reasonably
practicable, and in any case within 24 hours after the occurrence of
such accident, report the accident to any police officer at a police
station or at any office set aside by a competent authority for use by a
traffic officer, and there produce his or her driving licence and
furnish his or her identity number and such information as is referred
to in that paragraph; and
(g) not, except on the instructions of or when administered by a medical
practitioner in the case of injury or shock, take any intoxicating
liquor or drug having a narcotic effect unless he or she has complied
with the provisions of paragraph (f), where it is his or her duty to do
so, and has been examined by a medical practitioner if such examination
is required by a traffic officer.
(2) No person shall remove any vehicle involved in an accident in which
another person is killed or injured from the position in which it came to rest,
until such removal has been authorised by a traffic officer, except when such
accident causes complete obstruction of the roadway of a public road, in which
event the vehicle involved may, without such authority and after its position
has been clearly marked on the surface of the roadway by the person moving it,
be moved sufficiently to allow the passage of traffic.
(3) Subject to subsection (2), no person shall remove a vehicle involved in
an accident from the scene of such accident, except for the purpose of
sufficiently allowing the passage of traffic, without the permission of the
owner, driver or operator of such vehicle or a person who may lawfully take
possession of such vehicle.
(4) In any prosecution for a contravention of any provision of this section
it shall be presumed, in the absence of evidence to the contrary, that the
accused was aware of the fact that the accident had occurred, and that he or
she did not report the accident or furnish the information as required by
subsection (1)(f).
(5) In this section the word "animal" means any bovine animal, horse, ass,
mule, sheep, goat, pig, ostrich or dog.
Garage to keep record of motor vehicle involved in accident
62. (1) Any person in charge of a garage or other place where motor
vehicles are repaired, and to which any motor vehicle showing signs or marks of
having been involved in an accident is brought, for the purpose of the repair
of such signs or marks, shall, as soon as possible before the repair is
commenced with, keep a record specifying the nature of such signs or marks, the
engine number, chassis number and the registration or similar mark and number,
and if known, the name and address of the owner and driver, of such vehicle.
(2) A person required to keep a record in terms of subsection (1) shall
retain such record for a period of three years from the date on which it was
made, and any such record shall, on request, be produced to a traffic officer.
CHAPTER XI
Reckless or negligent driving, inconsiderate driving, driving while under
the influence of intoxicating liquor or a drug having a narcotic effect, and
miscellaneous offences
Reckless or negligent driving
63. (1) No person shall drive a vehicle on a public road recklessly or
negligently.
(2) Without restricting the ordinary meaning of the word "recklessly" any
person who drives a vehicle in willful or wanton disregard for the safety of
persons or property shall be deemed to drive that vehicle recklessly.
(3) In considering whether subsection (1) has been contravened, the court
shall have regard to all the circumstances of the case, including, but without
derogating from the generality of subsection (1) or (2), the nature, condition
and use of the public road upon which the contravention is alleged to have been
committed, the amount of traffic which at the relevant time was or which could
reasonably have been expected to be upon that road, and the speed at and manner
in which the vehicle was driven.
Inconsiderate driving
64. No person shall drive a vehicle on a public road without reasonable
consideration for any other person using the road.
Driving while under the influence of intoxicating liquor or drug having
narcotic effect, or with excessive amount of alcohol in blood or breath
65. (1) No person shall on a public road-
(a) drive a vehicle; or
(b) occupy the driver's seat of a motor vehicle the engine of which is
running, while under the influence of intoxicating liquor or a drug
having a narcotic effect.
(2) No person shall on a public road-
(a) drive a vehicle; or
(b) occupy the driver's seat of a motor vehicle the engine of which is
running, while the concentration of alcohol in any specimen of blood
taken from any part of his or her body is not less than 0,05 gram per
100 millilitres, or in the case of a professional driver referred to in
section 32, not less than 0,02 gram per 100 millilitres.
(3) If, in any prosecution for an alleged contravention of a provision of
subsection (2), it is proved that the concentration of alcohol in any specimen
of blood taken from any part of the body of the person concerned was not less
than 0,05 gram per 100 millilitres at any time within two hours after the
alleged contravention, it shall be presumed, in the absence of evidence to the
contrary, that such concentration was not less than 0,05 gram per 100
millilitres at the time of the alleged contravention, or in the case of a
professional driver referred to in section 32, not less than 0,02 gram per 100
millilitres, it shall be presumed, in the absence of evidence to the contrary,
that such concentration was not less than 0,02 gram per 100 millilitres at the
time of the alleged contravention.
(4) Where in any prosecution in terms of this Act proof is tendered of the
analysis of a specimen of the blood of any person, it shall be presumed, in the
absence of evidence to the contrary, that any syringe used for obtaining such
specimen and the receptacle in which such specimen was placed for despatch to
an analyst, were free from any substance or contamination which could have
affected the result of such analysis.
(5) No person shall on a public road-
(a) drive a vehicle; or
(b) occupy the driver's seat of a motor vehicle the engine of which is
running, while the concentration of alcohol in any specimen of breath
exhaled by such person is not less than 0,24 milligrams per 1 000
millilitres, or in the case of a professional driver referred to in
section 32, not less than 0,10 milligrams per 1 000 millilitres.
(6) If, in any prosecution for a contravention of a provision of subsection
(5), it is proved that the concentration of alcohol in any specimen of
breath of the person concerned was not less than 0,24 milligrams per
1 000 millilitres of breath taken at any time within two hours after the
alleged contravention, it shall be presumed, in the absence of evidence
to the contrary, that such concentration was not less than 0,24
milligrams per 1 000 millilitres at the time of the alleged
contravention, or in the case of a professional driver referred to in
section 32, not less than 0,10 milligrams per 1 000 millilitres, it
shall be presumed, in the absence of evidence to the contrary, that such
concentration was not less than 0,10 milligrams per 1 000 millilitres at
the time of the alleged contravention.
(7) For the purposes of subsection (5) the concentration of alcohol in any
breath specimen shall be ascertained by using the prescribed equipment.
(8) Any person detained for an alleged contravention of any provision of
this section shall not-
(a) during his or her detention consume any substance that contains alcohol
of any nature, except on the instruction of or when administered by a
medical practitioner;
(b) during his or her detention smoke until the specimen referred to in
subsection (3) or (6) has been taken, as the case may be.
(9) No person shall refuse that a specimen of blood, or a specimen of
breath, be taken of him or her.
Unauthorised acts in relation to vehicle
66. (1) No person shall, without reasonable cause or without the consent of
the owner, operator or person in lawful charge of a vehicle-
(a) set the machinery thereof in motion;
(b) place such vehicle in gear;
(c) in any way tamper with the machinery, accessories or parts of such
vehicle; or
(d) enter or climb upon such vehicle.
(2) No person shall ride in or drive a vehicle without the consent of the
owner, operator or person in lawful charge thereof.
(3) No person shall without lawful excuse tamper with a vehicle or with any
part of the equipment or the accessories of any vehicle or wilfully damage it,
or throw any object at any such vehicle.
(4) No person shall without the written consent of a registering authority
remove, alter, obliterate or mutilate the engine number or chassis number, or
any part of such engine number or chassis number, of a motor vehicle or allow
it to be removed, altered, obliterated or mutilated.
Furnishing false information prohibited
67. Without derogating from any other provision of this Act, no person
shall-
(a) in connection with any application under this Act; or
(b) in connection with the furnishing of any information which, to his or
her knowledge, is to be or may be used for any purpose in terms of this
Act, make a declaration or furnish information which to his or her
knowledge is false or in any material respect misleading.
Unlawful acts in relation to registration plates, registration number,
registration mark or certain documents
68. (1) No person shall use or manufacture any registration plate which
does not comply with the prescribed specifications.
(2) No person shall-
(a) falsify or counterfeit or, with intent to deceive, replace, alter,
deface or mutilate or add anything to a registration number or a
registration mark or a similar number or mark issued by a competent
authority outside the Republic; or
(b) be in possession of such number or mark which has been falsified or
counterfeited or so replaced, altered, defaced or mutilated or to which
anything has been so added.
(3) No person shall-
(a) falsify or counterfeit or, with intent to deceive, replace, alter,
deface or mutilate or add anything to a certificate, licence or other
document issued or recognised in terms of this Act; or
(b) be in possession of such certificate, licence or other document which
has been falsified or counterfeited or so replaced, altered, defaced or
mutilated or to which anything has been so added.
(4) No person shall-
(a) use a certificate, licence or other document issued or recognised in
terms of this Act and of which he or she is not the holder; or
(b) permit such certificate, licence or other document of which he or she is
the holder to be used by any other person.
(5) Where in a prosecution for a contravention of subsection (2)(b) or
(3)(b) it is proved that a person was found in possession of a registration
number or a registration mark or a similar number or mark or a document which
has been falsified or counterfeited or replaced, altered, defaced or mutilated
or to which anything has been added, it shall, in the absence of evidence to
the contrary, be presumed that such person knew that-
(a) such number, mark or document was-
(i) falsified or counterfeited; or
(ii) replaced, altered, defaced or mutilated with intent to deceive; or
(b) whatever was added to such number, mark or document was added thereto
with intent to deceive.
(6) No person shall-
(a) with intent to deceive, falsify, replace, alter, deface, mutilate, add
anything to or remove anything from or in any other way tamper with the
engine or chassis number of a motor vehicle; or
(b) without lawful cause be in possession of a motor vehicle of which the
engine or chassis number has been falsified, replaced, altered, defaced,
mutilated, or
to which anything has been added, or from which anything has been removed,
or has been tampered with in any other way.
(7) Where in a prosecution for a contravention of any provision of
subsection (6) it is proved that a person was found in possession of a motor
vehicle, the engine or chassis number of which has been falsified, replaced,
altered, defaced, mutilated, or to which anything has been added or removed or
has in any way been tampered with, it shall, in the absence of evidence to the
contrary, be presumed that such person knew that any such act has been
committed in respect of such a number with intent to deceive.
CHAPTER XII
Presumptions and legal procedure
Presumptions regarding public road, freeway and public road in urban area
69. (1) Where in any prosecution in terms of this Act it is alleged that an
offence was committed on a public road, the road concerned shall, in the
absence of evidence to the contrary, be presumed to be a public road.
(2) Where in any prosecution in terms of this Act it is alleged that an
offence was committed on a freeway, the road concerned shall, in the absence of
evidence to the contrary, be deemed to be a freeway.
(3) Where in any prosecution in terms of this Act it is alleged that an
offence was committed on a public road in an urban area, the road concerned
shall, in the absence of evidence to the contrary, be presumed to be a public
road in an urban area.
Presumption regarding mass ascertained by means of mass-measuring bridge or
other mass-measuring instrument
70. Where in any prosecution for an alleged contravention of any provision
of this Act, evidence to prove such contravention is tendered of any mass as
ascertained by means of a mass-measuring bridge or other mass-measuring
instrument, such mass shall be deemed to be correct in the absence of evidence
to the contrary.
Presumption regarding gross vehicle mass of motor vehicle
71. Where in any prosecution in terms of this Act it is alleged that an
offence was committed in relation to the gross vehicle mass of a motor vehicle,
the mass so alleged shall, in the absence of evidence as contemplated in
section 70, be presumed, in the absence of evidence to the contrary, to be the
gross vehicle mass of such vehicle.
Proof of gross vehicle mass of motor vehicle
72. Any document purporting to have been issued by a manufacturer and
stating the gross vehicle mass of any particular model of motor vehicle
manufactured by such manufacturer, shall be prima facie proof as to the gross
vehicle mass of such model.
Presumption that owner drove or parked vehicle
73. (1) Where in any prosecution in terms of the common law relating to the
driving of a vehicle on a public road, or in terms of this Act, it is necessary
to prove who was the driver of such vehicle, it shall be presumed, in the
absence of evidence to the contrary, that such vehicle was driven by the owner
thereof.
(2) Whenever a vehicle is parked in contravention of any provision of this
Act, it shall be presumed, in the absence of evidence to the contrary, that
such vehicle was parked by the owner thereof.
(3) For the purposes of subsections (1) and (2) and section 88 it shall be
presumed, in the absence of evidence to the contrary, that, where the owner of
the vehicle concerned is a corporate body, such vehicle was driven or parked,
as contemplated in those subsections, or used as contemplated in that section
by a director or servant of the corporate body in the exercise of his or her
powers or in the carrying out of his or her duties as such director or servant
or in furthering or endeavouring to further the interests of the corporate
body.
Presumption regarding officers
74. In any prosecution in terms of this Act, the fact that any person
purports to act or has purported to act as a traffic officer, an inspector of
licences, an examiner of vehicles or an examiner for driving licences, shall be
prima facie proof of his or her appointment and authority so to act: Provided
that this section shall not apply to a prosecution on a charge for
impersonation.
CHAPTER XIII
Regulations
Power of Minister to make regulations
75. (1) The Minister may after consultation with the MECs make regulations
not inconsistent with this Act, in respect of any matter contemplated, required
or permitted to be prescribed in terms of this Act and generally regarding the
operation of any vehicle on a public road, the construction and equipment of
such vehicle and the conditions on which it may be operated, and in any other
respect for the better carrying out of the provisions or the achievement of the
objects of this Act, and in particular, but without derogating from the
generality of this subsection, regarding-
(a) the safety of traffic on a public road, including the restriction of the
use of any such road or part thereof by such traffic and the duties of
the users of any such road;
(b) the identification of vehicles or parts of vehicles and, in relation to
a motor vehicle, the size and shape of the registration mark or number
to be displayed in terms of this Act and the means to be applied to
validate such mark or number and to render any such mark or number
easily distinguishable, whether by night or by day, when any such
vehicle is operated on a public road;
(c) the width, height and length of any vehicle, and the diameter of the
wheels and the width, nature and condition of the tyres when operated on
a public road;
(d) the maximum mass, laden or unladen, of any vehicle, the height and width
of any load which may be carried by any vehicle, the manner in which any
vehicle may be loaded, the extent to which any load may project in any
direction and the maximum mass of any vehicle or any part thereof
supported by the road or any specified area thereof, when any such
vehicle is operated on a public road;
(e) the emission of exhaust gas, smoke, fuel, oil, visible vapours, sparks,
ash or grit from any vehicle operated on a public road;
(f) excessive noise owing to the design or condition of any vehicle or the
loading thereof, or to the design, condition or misuse of a silencer, or
of a hooter, bell or other warning device, when any such vehicle is
operated on a public road;
(g) the particulars to be marked on any vehicle;
(h) dangerous goods-
(i) the classification of dangerous goods;
(ii) the powers and duties of traffic officers in respect of the
transportation of dangerous goods;
(iii) the manner in and conditions on which specified dangerous goods
may be transported; and
(iv) the dangerous goods which may not be transported;
(i) the towing, pushing or drawing of any vehicle by another vehicle on a
public road;
(j) the conditions on which any motor vehicle fitted with steering apparatus
on the left side may be imported into the Republic or operated on a
public road, including the power to prohibit the operation of such
vehicle on a public road;
(k) the number, nature and kind of lamps, including retro-reflectors, to be
carried by any vehicle operated on a public road, the position in which
they shall be, the manner, conditions and times of their use and the use
of any lamp or lighting device which may endanger public safety and, for
the purposes of this paragraph, "retro-reflector" means a reflector
which bears a certification mark as defined in section 1 of the
Standards Act, 1993 (Act No. 29 of 1993), or which bears any other
prescribed identification mark;
(l) the number and nature of brakes and for ensuring that brakes, silencers
and steering apparatus shall be efficient and in proper working order,
in respect of any vehicle operated on a public road;
(m) the regulation of the operation and control of any vehicle on a public
road, its construction, equipment, width of tracks, dimensions, mass and
use in respect of either chassis and body or chassis, body and load and
the conditions on which it may be used;
(n) in relation to a vehicle operated on a public road, the devices to be
fitted for-
(i) signalling the approach thereof;
(ii) enabling the driver thereof to become aware of the approach of
another vehicle from the rear; and
(iii) indicating any intended movement thereof, and the use of any such
devices and for ensuring that they shall be efficient and kept in
proper working order;
(o) the protection of any public road, the mass, tyres and load of any
vehicle in relation to any specified bridge or ferry, the time when and
speed at which any vehicle of a specified mass may be allowed to cross
any bridge or ferry, and the furnishing of security by any person
against damage to any public road by reason of heavy traffic, and making
good the cost of repairing such damage;
(p) the stopping with and parking of vehicles on public roads;
(q) the rules of the road that shall apply to all public roads;
(r) the furnishing of accident reports and statistics of any nature;
(s) the determination of the number of passengers for the transport of which
a certain class of motor vehicle is adapted and the number which may be
transported, the general safety, comfort and convenience of passengers
carried on or by such a motor vehicle and the conduct of the driver,
conductor and passengers on such a vehicle;
(t) the specifications for the examination of any vehicle;
(u) any light which may interfere with the proper view of any road traffic
sign or may be confused with any such sign;
(v) the method of determining any fact which is required for the purposes of
this Act;
(w) any form, process or token which the Minister may deem expedient for the
purposes of this Act and the nature and extent of any information to be
furnished for the purpose of any such form;
(x) the issue of any duplicate certificate, licence or other documentation
or token issued in terms of this Act if the original has been lost,
destroyed or defaced or any particulars thereon have become illegible;
(y) the carriage of persons as passengers on any vehicle which has been
constructed or designed solely or mainly for the carriage of goods and
not for the carriage of passengers and their effects; and
(z) the additional duties for operators of specified classes of motor
vehicles or operators engaged in activities which require additional
safety measures for the protection of the public.
(2) Regulations made by the Minister under subsection (1) regarding-
(a) specific categories-
(i) of road transport undertakings;
(ii) of industries or trades or occupations concerned with road
transport;
(iii) of persons by whom any undertaking or occupation referred to in
subparagraphs (i) and (ii) is carried on or exercised; or
(iv) of operators of vehicles concerned with, or new entrants to, any
undertaking or occupation referred to in subparagraph (iii);
(b) specific circumstances in which any undertaking or occupation referred
to in paragraph (a)(iii) is carried on or exercised; or
(c) specific areas in which any undertaking or occupation referred to in
paragraph (a)(iii) is carried on or exercised, shall be so made by the
Minister with due regard to the particular requirements of the category,
circumstance or area concerned.
(3) (a) The power to make regulations for any purpose referred to in
subsection (1), shall include the power to restrict or prohibit any matter or
thing in relation to that purpose either absolutely or conditionally.
(b) Any regulation regarding driving licences contained in identity
documents shall be made in consultation with the Minister of Home Affairs.
(4) Any regulation may be made to apply generally throughout the Republic or
within any specified area thereof or to any specified class or category of
vehicle or person.
(5) A regulation may provide for penalties for a contravention thereof and
for different penalties in the case of successive or continuous contraventions,
but no penalty shall-
(a) in the case of a contravention of a regulation made under subsection
(1)(d),(l) or (n), exceed a fine or imprisonment for a period of six
years; or
(b) in the case of a contravention of any other regulation, exceed a fine or
imprisonment for a period of one year.
(6) Before the Minister makes any regulation, the Minister may, if he or she
deems it expedient, cause a draft of the proposed regulation to be published in
the Gazette together with a notice calling upon all interested persons to lodge
in writing, and within a period specified in the notice, but not less than four
weeks as from the date of publication of the notice, any objections or
representations which they would like to raise or make, with the
Director-General for submission to the Minister: Provided that, if the
Minister thereafter decides to alter the draft regulation as a result of any
objections or representations submitted thereanent, it shall not be necessary
so to publish such alterations before making the regulation.
Incorporation of standards by reference
76. (1) The Minister may by notice in the Gazette incorporate in the
regulations any standard without stating the text thereof, by mere reference to
the number, title and year of issue of that standard or to any particulars by
which that standard is sufficiently identified.
(2) Any standard incorporated in the regulations under subsection (1) shall
for the purposes of this Act, in so far as it is not inconsistent with it, be
deemed to be a regulation.
(3) A notice under subsection (1) shall come into operation on a date
specified in the notice, but not before the expiry of 30 days after the date of
publication of the notice.
(4) If any standard is at any time after the incorporation thereof in the
regulations amended or replaced, the notice incorporating that standard in the
regulations shall, unless otherwise stated therein, be deemed to refer to that
standard as so amended or replaced, as the case may be.
(5) In this section "standard" means any code of practice, compulsory
specification, specification, standard or standard method adopted by the SABS,
as defined in section 1 of the Standards Act, 1993 (Act No. 29 of 1993).
CHAPTER XIV
Registers and records
Registers or records to be kept
77. (1) The prescribed registers or records shall be kept by-
(a) a driving licence testing centre;
(b) a testing station;
(c) manufacturers, builders and importers;
(d) a registering authority;
(e) any clerk or registrar of a court convicting a person of an offence in
terms of this Act;
(f) any provincial administration or local authority;
(g) the Director-General;
(h) a department of State; and
(i) any person determined by the Minister by notice in the Gazette.
(2) The prescribed particulars shall be recorded in the prescribed manner in
the registers and records contemplated in subsection (1).
(3) Any institution or person referred to in subsection (1) shall in the
prescribed manner and at the prescribed intervals furnish the Minister or any
person or body designated by the Minister with the prescribed information
recorded in a register or record of such institution or person, and the
Minister shall from the information so furnished compile or cause to be
compiled such register as he or she may deem fit.
(4) The Minister may prescribe that any institution or person referred to in
subsection (1) shall keep such additional registers or records as he or she may
deem expedient.
Copy of entry in register or record to be prima facie proof
78. (1) A document purporting to be an extract from, or a copy of, any
register or record kept in terms of this Act and purporting to be certified as
such, shall in any court and upon all occasions be admissible as evidence and
shall be prima facie proof of the truth of the matters stated in such document
without the production of the original register or record or any certificate,
licence, other document, microfiche, microfilm or computerised record from or
of which such extract or copy was made.
(2) The information contained in a register or record kept for the purposes
of this Act shall be furnished to-
(a) a traffic officer or inspector of licences who requires it for the
carrying out of his or her duties;
(b) any person authorised thereto by the Minister or the MEC concerned to
demand such furnishing;
(c) any department of State;
(d) a competent authority in a prescribed territory; and
(e) a local authority: Provided that the consent of the Minister or any
person authorised thereto by him or her shall be obtained before such
information is furnished to an authority referred to in paragraph (d).
(3) Any institution or person keeping a register or record in terms of
section 77 shall at the request of any person confirm whether or not certain
information corresponds to the information contained in such register or
record, if that person on reasonable grounds requires confirmation of such
information.
(4) Any provincial administration keeping a register or record in terms of
section 77 shall at the request of any person furnish the information referred
to in subsection (3) to that person, if that person on reasonable grounds
requires that such information be furnished to him or her.
Cognisance may be taken of information contained in register or record
79. The Minister or the MEC concerned may, in exercising a discretion or
taking a decision in terms of this Act, take cognisance of the information
contained in a register or record contemplated in section 77.
CHAPTER XV
General provisions
Parking for disabled persons
80. Any disabled person who has been exempted from the laws relating to
parking in accordance with the laws of any province, and to whom proof of such
exemption has been issued, shall be deemed to be so exempted from the laws
applicable in the areas of jurisdiction of all local authorities in the
Republic, but only to the extent to which that disabled person is exempted from
the laws applicable in the area of jurisdiction of the local authority
concerned.
Vehicle and load may be exempted from provisions of Act
81. An MEC may, subject to such conditions and upon payment of such fees or
charges as he or she may determine, authorise in writing, either generally or
specifically, the operation on a public road of a vehicle which does not comply
with the provisions of this Act or the conveyance on a public road of
passengers or any load otherwise than in accordance with the provisions of this
Act.
Inspections for ensuring that provisions of Act are given effect to
82. (1) The Minister may authorise any person to carry out any inspection
which the Minister deems necessary in order to ensure that the provisions of
this Act are being complied with.
(2) If the Minister delegates the power conferred upon him or her by
subsection (1) to the MEC concerned, that MEC may authorise any person to carry
out the inspection concerned.
(3) No person shall obstruct or hinder any person in the carrying out of any
inspection contemplated in subsection (1).
Doubt regarding use or classification of vehicle
83. If, for the purposes of this Act, doubt arises as to the use to which
any vehicle is put or the classification of any vehicle, such matter shall be
submitted to the Minister for decision.
Variation of prescribed form
84. The Minister may, in any such circumstances as he or she may deem
expedient, authorise a registering or other authority to use, in place of a
form prescribed for a particular purpose, a form which varies from such
prescribed form, and in respect of such authority such varied form shall be
deemed to be the prescribed form for that purpose.
Issue of document as proof of driving licence in special circumstances
85. (1) Notwithstanding anything to the contrary in this Act contained, the
Director-General of Home Affairs or any person authorised thereto by him or her
may, upon receipt of an application in the prescribed form and upon payment of
such fee as that Director-General may determine, issue to any person who is the
holder of a driving licence which is or was contained in an identity document,
a document certifying that such person is the holder of a driving licence and
that there is no objection against the issuing of a driving licence to such
person in a prescribed territory, provided(a) the said identity document ceased
to be of force and effect in respect of the applicant for the reason that he or
she has ceased to be a South African citizen;
or(b) that Director-General or any person authorised to act on his or her
behalf, satisfies himself or herself that the said identity document has been
lost or, in so far as it relates to the driving licence, that it has been
destroyed or defaced or the figures or particulars thereon have become
illegible.
(2) An application referred to in subsection (1), shall be made as
prescribed, and the Director-General of Home Affairs or any person authorised
to act on his or her behalf shall issue such document in the prescribed manner.
Signature upon documents
86. Any person who is unable to sign his or her name shall, whenever his or
her signature is required upon any document in terms of this Act, impress in
place thereof his or her left thumb print upon the space within which he or she
would otherwise have been required to sign his or her name, and if his or her
left thumb print is not available, he or she shall in place thereof press
another of his or her fingerprints, and in such latter event the document so
marked shall be endorsed by the officer in whose presence the print was made,
identifying the finger used.
Service of notices
87. (1) Whenever in terms of this Act any notice is authorised or required
to be served upon or issued to any person, such notice shall either be served
personally upon the person to whom it is addressed or be sent to him or her by
registered post to his or her last known address: Provided that the address
furnished by the holder of a driving licence at the time of his or her
application for such licence or recorded against his or her name in a register
of driving licences, or the address recorded against the registration of a
vehicle in a register of motor vehicles as the address of the owner of such
vehicle, shall serve as his or her domicile of summons and execution for all
purposes arising from or for the purposes of this Act, for the service of
notices, post or process on that person.
(2) Service by registered post in terms of subsection (1) shall be deemed to
have been effected on the tenth day after the date stamped upon the receipt for
registration issued by the post office which accepted the notice.
(3) A certificate by the officer who issued the notice referred to in
subsection (1), or by a person subordinate to such officer, stating the time,
place and manner of issuing such notice, shall be prima facie proof that such
notice was duly issued.
State bound
88. This Act shall bind the State and any person in the service of the
State: Provided that the Minister may, by notice in the Gazette, exempt the
State or any department thereof or any such person from any provision of this
Act, subject to such conditions as the Minister may determine.
Offences and penalties
89. (1) Any person who contravenes or fails to comply with any provision of
this Act or with any direction, condition, demand, determination, requirement,
term or request thereunder, shall be guilty of an offence.
(2) Any person convicted of an offence in terms of subsection (1) read with
section 42(1) or (2), 44(1), 45(2), 46(1) or 65(1), (2), (5) or (9) shall be
liable to a fine or to imprisonment for a period not exceeding six years.
(3) Any person convicted of an offence in terms of subsection (1) read with
section 17(4), 18(5), 59(4), 61(2), 66(3) or 68(1), (2), (3), (4) or (6) shall
be liable to a fine or to imprisonment for a period not exceeding three years.
(4) Any person convicted of an offence in terms of subsection (1) read with
section 61(1) shall be liable-
(a) in the case of the death of or serious injury to a person where it is
proved that the person convicted has failed to comply with paragraph
(a), (b), (c) or (f) of section 61(1), to a fine or to imprisonment for
a period not exceeding nine years;
(b) in the case of damage in respect of any property or animal of another
person where it is proved that the person convicted has failed to comply
with paragraph (a), (d) or (f) of section 61(1), to a fine or to
imprisonment for a period not exceeding three years; or
(c) where it is proved that he or she has failed to comply with paragraph
(e) or (g) of section 61(1), to a fine or to imprisonment for a period
not exceeding one year.
(5) Any person convicted of an offence in terms of subsection (1) read with
section 63(1) shall be liable-
(a) in the case where the court finds that the offence was committed by
driving recklessly, to a fine or to imprisonment for a period not
exceeding six years; or
(b) in the case where the court finds that the offence was committed by
driving negligently, to a fine or to imprisonment for a period not
exceeding three years.
(6) Any person convicted of an offence in terms of subsection (1) read with
any other provision of this Act shall be liable to a fine or to imprisonment
for a period not exceeding one year.
(7) Notwithstanding anything to the contrary in any law contained, a
magistrate's court shall be competent to impose any penalty provided for in
this Act.
Apportionment of fines
90. Subject to sections 6 and 8 of the Finance and Financial Adjustments
Acts Consolidation Act, 1977 (Act No. 11 of 1977), and section 341(2)(b) of
the Criminal Procedure Act, 1977 (Act No. 51 of 1977), all fines imposed or
moneys estreated as bail in respect of any offence in terms of this Act shall
be paid into the appropriate accounts as determined by the laws of each
province.
Delegation by Minister and MEC
91. (1) The Minister may-
(a) delegate to any other person any power conferred upon him or her by this
Act other than the power conferred by section 75; and
(b) authorise any other person to perform any duty assigned to the Minister
by this Act, and may effect such delegation or grant such authorisation
subject to such conditions as he or she may deem fit.
(2) The MEC concerned may-
(a) delegate to any other person any power conferred upon him or her by or$
under this Act; and
(b) authorise any other person to perform any duty assigned to the MEC by or
under this Act, and may effect such delegation or grant such
authorisation subject to such conditions as he or she may deem fit.
(3) Any delegation effected or authorisation granted under subsection (1) or
(2) may at any time be withdrawn by the Minister or by the MEC concerned, as
the case may be.
Provincial laws
92. Notwithstanding anything to the contrary in any other law contained,
but subject to this Act-
(a) the right of appeal by any person who is aggrieved by any decision taken
in terms of this Act shall be as provided by the laws of the province
concerned; and
(b) the fees payable in respect of any application or request made, or
document issued in terms of this Act, or any other matter referred to in
this Act, shall be as provided by the laws of the province concerned.
Repeal of laws, and savings
93. (1) Subject to subsections (2) and (3), the laws mentioned in the
Schedule are hereby repealed to the extent indicated in the third column
thereof.
(2) Any proclamation, regulation, by-law, notice, order, prohibition,
authorisation, appointment, permission, information or document made, issued,
imposed, granted, furnished or given and any other action taken in terms of any
provision of a law repealed by subsection (1) shall be deemed to have been
made, issued, imposed, granted, furnished, given or taken in terms of the
corresponding provision of this Act (if any).
(3) Any relevant provision of the Road Traffic Act, 1989 (Act No. 29 of
1989), shall, notwithstanding the provisions of subsection (1), remain in force
until such time as the corresponding provision of this Act (if any) has been
put into operation under section 94(2).
Short title and commencement
94. (1) This Act shall be called the National Road Traffic Act, 1996, and
shall come into operation on a date fixed by the President by proclamation in
the Gazette.
(2) Different dates may be so fixed in respect of different provisions of
this Act, and dates so fixed may differ in respect of different-
(a) persons or goods or categories of persons or goods transported by means
of a motor vehicle;
(b) kinds or classes of motor vehicles used in the transportation of persons
or goods;
(c) persons or categories of persons; or
(d) areas in the Republic.
(3) More than one of the elements referred to in paragraphs (a) to (d),
inclusive, of subsection (2) may be combined for the purposes of that
subsection.
SCHEDULE
No. and year of law Short title Extent of repeal
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Act No. 9 of 1972 The National Road Safety Act, 1972 Sections 7A, 14 and 26
Act No. 29 of 1989 The Road Traffic Act, 1989 The whole
Act No. 71 of 1991 The Businesses Act, 1991 Schedule 3 in so far
as it refers to the
Road Traffic Act, 1989
Act No. 73 of 1991 The Road Traffic Amendment The whole
Act, 1991
Act No. 17 of 1992 The Road Traffic Amendment The whole
Act, 1992
Act No. 40 of 1992 The Road Traffic Second The whole
Amendment Act, 1992
Act No. 39 of 1993 The Road Traffic The whole
Amendment Act, 1993
Act No. 66 of 1993 The Road Traffic Second The whole
Amendment Act, 1993
Act No. 129 of 1993 The General Law Third Section 72
Amendment Act, 1993
Act No. 16 of 1995 The Transport General Sections 12 to 26,
Amendment Act, 1995 inclusive