South Africa: Numbered Acts

NO. 93 OF 1996: NATIONAL ROAD TRAFFIC ACT, 1996.

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-}

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}

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 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 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-

(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)

(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}

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.

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-}

(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.}

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

(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),}

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

^{MEC of the province concerned may cancel or suspend such licence.}

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).}

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 -

(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.

(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).

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;

(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;

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:

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}

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;}

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.

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,

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-

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;

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

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.}

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

(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-}

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

------------------------------------------------------------------------------- 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