Vol. 524 Cape Town 17 February 2009 No.
No. 64 of 2008: National Road Traffic Amendment Act, 2008.
To amend the National Road Traffic Act, 1996, so as to insert certain deï¬nitions and to amend others; to prohibit the unauthorised use of an authorised officer's infrastructure number; to provide for visible display of nametags by traffic officers; to prohibit the impersonation of traffic officers and the wearing of a traffic officer's uniform without official written permission; to create new offences; to empower the Minister to prescribe training procedures and qualiï¬cations of persons appointed as national inspectors at driving licence testing centres and testing stations; to make new provision regarding the process by which driving licences are issued; to recognise documents relating to roadworthiness issued in a prescribed territory; to empower the Minister to prescribe the manner and form of accident reporting; to provide for circumstances when emergency vehicles may ignore road traffic signs and speed limits; to provide for liability of managers, agents and employees; to empower the MEC to set fees; to delete obsolete provisions; and to provide for matters connected therewith.
Amendment of section 1 of Act 93 of 1996, as amended by section 1 of Act 8 of 1998 and section 1 of Act 21 of 1999 1.
Management Corporation Act, 1999 (Act No.
by the insertion after the deï¬nition of ''rescue vehicle'' of the following deï¬nitions: '' 'reserve traffic officer' means a person who complies with the requirements of section 3D and is registered as a traffic officer in terms of section 3C or any person who is a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and has been appointed as a reserve traffic officer by the chief executive officer or the MEC, as the case may be, on a temporary basis for a speciï¬c period; 'reserve traffic warden' means a person who has been declared a peace officer by the Minister of Justice in terms of section 334 of the Criminal Procedure Act, 1977 (Act No.
by the insertion after the deï¬nition of ''traffic officer'' of the following deï¬nition: '' 'traffic warden' means a person who has been declared by the Minister of Justice to be a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No.
not to carry any load other than that imposed by a semi-trailer or by ballast, but does not include a tractor or a haulage tractor;''.
''(3) (a) No person shall be appointed under subsection (1) as an authorised officer unless he or she has been graded and registered in the prescribed manner [: Provided that any].
Any person who is not so graded and registered may be appointed once on probation as an authorised officer for a period not exceeding 12 months or for [the] such further period [approved by] as the MEC [on the understanding that it is] may approve.
It must be a condition of appointment that [such] the person appointed on probation must during [that] such probation period [complies] comply with the competency and registration requirements prescribed for the speciï¬c [appointment] category of appointment.
A person appointed under paragraph (b) may not use an authorised officer's infrastructure number to certify a vehicle tested by such person.'
''(7) A traffic officer shall at all times when wearing a full or partial traffic officer's uniform, display his or her official name tag above the right breast pocket of his or her uniform in such a manner that it is completely visible and easily legible.''.
Amendment of section 3K of Act 93 of 1996, as inserted by section 2 of Act 21 of 1999 3.
''(1) Any person who is not an authorised officer or a peace officer shall not act in a way that may create an impression that he or she is an authorised officer or a peace officer or pretend by way of word, action, conduct or demeanour[, pretend] that he or she is an authorised officer or peace officer.'
''(3) A person who is not duly appointed as a traffic officer under this Act, may not wear a traffic officer's uniform, any part of such uniform or any other garment or badge that distinguishes such person as a traffic officer without the written permission of the enforcement authority.
Notwithstanding subsection (3), the Minister or MEC, as the case may be, may, if accompanied by law enforcement officials, wear a traffic officer's uniform.''.
Amendment of section 4 of Act 93 of 1996, as substituted by section 3 of Act 21 of 1999 4.
''(3) No person shall operate a motor vehicle on a public road unless such motor vehicle is registered and licensed in accordance with this Act.''.
Amendment of section 8A of Act 93 of 1996, as inserted by section 6 of Act 21 of 1999 5.
''(1) Any [person,] department of State or registering authority desiring to operate a driving licence testing centre shall in the prescribed manner apply to the inspectorate of driving licence testing centres for the registration of such testing centre.'
''(3) No department of State or registering authority shall operate a driving licence testing centre unless such testing centre is registered and graded in accordance with this Act.''.
''(4) The Minister shall prescribe the training procedures and qualiï¬cations of a person appointed under subsection (1).''.
Amendment of section 17 of Act 93 of 1996 7.
''(2) Upon receipt of an application in terms of subsection (1), the driving licence testing centre concerned shall, if it is satisï¬ed from the information furnished [in the application] or from such further information as such centre may reasonably request, that the applicant is not disqualiï¬ed 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] evaluated in the manner and in respect of the matters [as] prescribed.
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 speciï¬cally for that physically disabled applicant, endorse the licence accordingly.'
''(5) Any applicant for a learner's licence who makes use of any unauthorised aid during a test for a learner's licence shall be guilty of an offence and upon conviction shall be liable, in addition to any other sentence which the court may impose, to be disqualiï¬ed from reapplying for a learner's licence for a period not exceeding 12 months from the date of conviction.
If the court makes an order disqualifying the applicant from reapplying for a learner's licence, and the State leads evidence to the effect that the applicant has obtained a learner's licence in the meanwhile, the court shall require the accused to produce any such licence and shall deal with it in the manner contemplated in section 34(1)(b).''.
Amendment of section 18 of Act 93 of 1996, as amended by section 12 of Act 21 of 1999 and section 1 of Act 20 of 2003 8.
''(5A) Any applicant for a driving licence who makes use of any unauthorised aid during a test for a driving licence shall be guilty of an offence and upon conviction shall be liable, in addition to any other sentence which the court may impose, to be disqualiï¬ed from reapplying for a driving licence for a period not exceeding 12 months from the date of conviction.
If the court makes an order disqualifying the applicant from reapplying for a driving licence, and the State leads evidence to the effect that the applicant has obtained a driving licence in the meanwhile, the court shall require the accused to produce any such licence and shall deal with it in the manner contemplated by section 34(1)(b).'
a spouse of a person referred to in subparagraphs (ii) and (iii),''.
Amendment of section 20 of Act 93 of 1996 9.
the holder is not disqualiï¬ed as contemplated in section 15(1)(f), authorise and 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).''.
Substitution of section 21 of Act 93 of 1996, as substituted by section 14 of Act 21 of 1999 10.
Notwithstanding anything to the contrary contained in this Act [the chief executive officer may, whenever he or she deems it necessary, direct where and by which examiner for driving licences] an applicant for a learner's or a driving licence shall [be examined and tested, and at which driving licence testing centre such applicant may apply for a driving licence] apply to be evaluated at any driving licence testing centre.''.
Amendment of section 27 of Act 93 of 1996, as amended by section 16 of Act 21 of 1999 11.
''(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.''.
Amendment of section 35 of Act 93 of 1996 12.
''(3) If a court convicting any person of an offence referred to in subsection (1), is satisï¬ed, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualiï¬cation referred to in subsection (1) or (2), respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualiï¬cation shall not take effect, or shall be for such shorter period as the court may [deem] consider ï¬t.''.
Amendment of section 41 of Act 93 of 1996, as substituted by section 22 of Act 21 of 1999 13.
determine the criteria with which an authority or a body established as an inspectorate in terms of subsection (1) must comply.''.
Amendment of section 42 of Act 93 of 1996, as substituted by section 6 of Act 8 of 1998 14.
or (3), as the case may be.''.
Amendment of section 58 of Act 93 of 1996 15.
Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle [while engaged in civil 10 protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
in the case of any such ï¬re-ï¬ghting vehicle, ï¬re-ï¬ghting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person [while he or she is so engaged in civil protection,] issued with the 20 necessary authorisation, such vehicle shall be ï¬tted with a device capable of emitting a prescribed sound and with an identiï¬cation 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.''.
Substitution of section 60 of Act 93 of 1996 16.
ï¬re-ï¬ghting vehicle, a ï¬re-ï¬ghting response vehicle, a rescue vehicle, an 30 emergency medical response vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 Act No.
[while engaged in civil protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
in the case of any such ï¬re-ï¬ghting vehicle, ï¬re-ï¬ghting response vehicle, rescue vehicle, emergency medical response vehicle, ambu lance or any vehicle driven by a person [while he or she is so engaged in civil protection,] issued with the necessary authorisation, such vehicle shall be ï¬tted with a device capable of emitting a prescribed 45 sound and with an identiï¬cation 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.''.
Amendment of section 61 of Act 93 of 1996 17.
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.''.
Amendment of section 68 of Act 93 of 1996, as substituted by section 12 of Act 8 of 1998 18.
be in possession of such certiï¬cate, licence or other document which has been falsiï¬ed or counterfeited or so replaced, altered, defaced or mutilated or to which anything has been so added[.
produce any document to be used for the purposes of this Act which differs in format or in content from a document prescribed under this Act.''.
Insertion of sections 74A and 74B in Act 93 of 1996 19.
that such act or omission did not fall within the scope of the authority of or in the course of the employment of such manager, agent or employee, and be liable to be convicted and sentenced in respect thereof.
In the circumstances contemplated in subsection (1) the conviction of the consignor or consignee shall not absolve the manager, agent or employee in question from liability or criminal prosecution.
74B. (1) In any prosecution under this Act, a goods declaration or any other document relating to the load of a vehicle and conï¬scated from such vehicle shall be proof of the matters stated in such document unless credible evidence to the contrary is adduced.
A copy of or extract from any document referred to in subsection (1), and certiï¬ed as a true copy or extract by the officer in whose custody the original document is, shall, unless credible evidence to the contrary is adduced, be admissible as evidence and be proof of the truth of all matters stated in such document without the requirement of having to produce the original document from or of which such extract or copy was made.''.
Amendment of section 75 of Act 93 of 1996, as amended by section 13 of Act 8 of 1998 and section 31 of Act 21 of 1999 20.
by the substitution in subsection (1) for paragraph (b) of the following paragraph: ''(b) the identiï¬cation of vehicles or parts of vehicles and, in relation to a motor vehicle, the size and shape of the [registration] licence 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.'
measures to limit speed; and (zF) those vehicles which shall be classiï¬ed as an 'emergency medical response vehicle'.'
'(2B) A regulation made under subsection (1)(zF) shall be so made after consultation with the Minister of Health.'.
Provided that, if the Minister thereafter decides to alter the draft regulation as a result of any objections or representations submitted thereafter, it shall not be necessary to publish such alterations before making the regulations.''.
Amendment of section 76 of Act 93 of 1996 21.
''(4) If any standard incorporated in the regulations is amended or replaced, such standard shall remain in force until such time that the Minister by notice in the Gazette re-incorporate the amended or replaced standard.''.
Amendment of section 78 of Act 93 of 1996, as amended by section 33 of Act 21 of 1999 22.
''(5) Subject to the Promotion of Access to Information Act, 2000 (Act No.
the fees payable for the provision of such information.''.
[An MEC] The Minister may, after the applicant has paid the fees or charges referred to in section 7(3) and subject to such conditions [and upon payment of such fees or charges] as he or she may determine, authorise in writing, either generally or speciï¬cally, the operation on a public road of a vehicle which [does not], due to such vehicle's original design cannot 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].
The MEC may, after the applicant has paid the fees or charges referred to in section 7(3) and subject to such conditions as he or she may determine, authorise in writing, either generally or speciï¬cally, the conveyance in a safe manner on a public road of passengers or any load otherwise than in accordance with this Act.
An MEC shall determine the fees or charges payable for a vehicle or load that does not comply with this Act.''.
''(2) Any person convicted of an offence in terms of subsection (1) read with section 3K(1) or (2), 42(1) or (2), 44(1), 45(2), 46(1), 49 or 65(1), (2), (5) or (9) shall be liable to a ï¬ne 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 3A (3), 17(4), 17 (5), 18 (5), 59(4), 61(2), 66 (3) or 68 (1), (2), (3), (4) or (6) shall be liable to a ï¬ne or to imprisonment for a period not exceeding three years.''.
Substitution of section 92 of Act 93 of 1996, as amended by section 38 of Act 21 of 1999 25.
The fees payable in respect of any application or request made, or document issued, or any other matter relating to the registration and licensing system of motor vehicles shall be determined under the laws of the province concerned.
The fees payable in respect of any application or request made, or document issued, or any other matter referred to in this Act, other than the fees which relate to the registration and licensing system of motor vehicles, shall be prescribed.
The fees payable by driving licence testing centres to defray the costs incurred by the Corporation with respect to the issuance of driving licences, shall be prescribed.
referred to in subsections (2) and (3) shall be administered as prescribed.''.
Amendment of section 93 of Act 93 of 1998 26.
''(1) Subject to [subsections] subsection (2) [and (3)], the laws mentioned in the Schedule are hereby repealed to the extent indicated in third column thereof.'
by the repeal of subsection (3).
Insertion of sections 93A and 93B in Act 93 of 1998 27.
sections 52 to 53, any reference to the 'Chief Executive Officer' shall be regarded to be a reference to the 'Director-General', and this interpretation shall apply from 1 August 2000 until a notice is published by the Minister in the Gazette indicating that the functionary in a 25 section of the Act shall be regulated as stated in the relevant section.
93B. Any approval, appointment, grading, permission, authority, order, prohibition, information or document issued, made, given or granted and any other action taken under any provision of a repealed law, shall be 30 regarded to have been issued, made, given, granted or taken under the corresponding provisions of this Act.''.
This Act is called the National Road Traffic Amendment Act, 2008, and comes into operation on a date ï¬xed by the President by Proclamation in the Gazette.