The Minister of Transport intends introducing the National Road Traffic Amendment Bill in the National Assembly. The explanatory summary of the Bill is hereby published for comments in accordance with the Rules of the National Assembly.
The Bill seeks to enhance professionalism of law enforcement officers; combat fraudulent and corrupt practices in law enforcement; limit and control fraudulent and corruptive practices generally; clarify conduct that constitutes an offence; increase the range of sanctions for offenders who continuously transgress the laws governing road traffic through the introduction of provisions permitting the seizure of vehicles and loads and the forfeiture of vehicles and loads; empower the Minister to set fees payable in respect of overloaded vehicles and to provide for matters connected thereto.
Copies of the bill are attached for ease of reference.
Road Traffic Act, 1996 (Act No.93of 1996), in order enhance the professionalism of traffic officers and combat fraudulent and corruptive practices in law enforcement; limit and control fraudulent and corruptive practices generally; clarify conduct that constitutes an offence; prohibit private persons from operating driving licence testing centers; ensure that applicants for driving licences apply at the centers nearest to their place of residence; expand the range of human resource development in respect of traffic officers; enhance the quality of learner and driving licence evaluation; provide for the endorsement or suspension of a driving licence if a driver is convicted on a charge of excessive speeding; enhance the quality of roadworthiness certification, the quality of road accident reporting and the regulation of overloading control; increase the range of sanctions for offenders through the introduction of provisions permitting the seizure of vehicles and loads and the forfeiture of vehicles and loads; and empower the Minister to set fees payable in respect of overloaded vehicles.
Members of the Executive Council responsible for traffic or transport in the nine provinces were consulted and consensus regarding the proposed changes was reached.
IMPLICATIONS FOR PROVINCES None.
or (2) of the Constitution since it falls within a functional area listed in Schedule 4 to the Constitution, namely road traffic regulation.
Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the National Road Traffic Act, 1996, so as to insert certain definitions 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 regulate the conduct of traffic officers in relation to the examination of the loading of motor vehicles; 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 qualifications of persons appointed as national inspectors at driving licence testing centres and testing stations; to make new provision regarding the process of issuance of driving licences; to recognise foreign road worthiness related documentation issued ina 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 provide for an administrative overloading control system; to provide for the seizure of vehictes and loads; to provide for the forfeiture of vehicles and loads; and to empower the Minister to set fees and to amend the National Road Traffic Amendment Act, 1999, so as to delete obsolete provisions; and to provide for matters connected therewith.
'chief executive officer' means the chief executive officer of the Road Traffic Management Corporation appointed in terms of section 15 of the Road Traffic Management Corporation Act, 1999 (Act No.
'reserve traffic officer' means a person who complies with the requirements of section 3D and is reaistered as a traffic officer in terms of section 3C or anv 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 bv the chief executive officer or the MEC, as the case mav be, on a temporarv basis for a specific period; 'reserve traffic warden' means a person who has been declared a peace officer bv the Minister of Justice in terms of section 334 of the Criminal Procedure Act, 1977 (Act No.51 of 1977), and has been appointed as a reserve traffic warden bv the chief executive officer or the MEC, as the case mav be.
'traffic warden' means a person who has been declared bv the Minister of Justice to be a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Amendment of section 3A of Act 93 of 1996, as inserted by section 2 of Act 21 of I999 2.
such probation period [complies] comply with the competency and registration requirements prescribed for the specific [appointment] category of appointment; and may not use an authorised oficer's infrastructure number to certify a vehicle tested bv such person.
A traffic officer must at all times when wearing a full or partial his or her official name taq breast pocket in such a manner that it is completely visible and easily legible.
exercise anv prescribed power or perform any prescribed dutv in relation to the loading of motor vehicles in the prescribed manner:.
Amendment ofsection 3K of Act 93 of 1996, as inserted by section 2 of Act 21 of 1999 4.
Any person who is not an authorised officer or a peace officer shall not act in a way which mav create an impression that he or she is an authorised officer or a peace officer and no person shall by way of word, action, conduct or demeanour, pretend that he or she is an authorised officer or peace officer.
appointed as a traffic officer under this Act may not wear a traffic officer's uniform, any part of such uniform or anv other aarment or badge that distinguishes a person as a traffic officer without the written the Minister or the MEC, as the case mav be, may if accomPanied bv 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 5.
Amendment of section 8 of Act 93 of 1996 6.
A department of Stateor registering authority desiring to operate a driving licence testing centre shall in the prescribed manner apply to [the MEC in whose province that centre will be operated,] the inspectorate of driving licence testing centres for the registration of such testing centre."
Amendment of section 17 of Act 93 of 1996 8.
Notwithstanding subsection(1). if there is no appropriatelv for a learner's licence must applv for the person to applv resides: or allocate a sPecific atmropriatelv graded testing centre for that municipal area.
"(2) Upon receipt of an application in terms of subsection (l), 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] evaluated in the maflner and in respect of the matters as prescribed."
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 in the case where the applicant is a physically disabled person who has to drive a vehicle adapted for physically disabled persons, or a vehicle adapted specifically for that physically disabled applicant, endorse the licence accordingly.
If the court makes an order diSQUalifvinq for a learner's licence, and the State leads evidence to the effect that the apelicant has obtained a learner's licence in the meanwhile, anv such learner's shall be null and void and the court shall require the accused to produce any such licence and shall cancel it.
Amendment of section 18 of Act 93 of 1996, as substituted by section 12 of Act 21 of '1999 9.
)who desires to obtain a driving licence shall apply in person in the prescribed manner to an appropriately graded driving licence testing centre in the municipal area in which the person resides for a licence to drive a motor vehicle of a class the driving of which is authorised by his or her learner's licence.
municipal area, anv person residing in that area who wishes to apply give written permission for the Derson for a driving licence in a municipal area other than that in which the person resides: or graded testing centre for that municipal area.
of an offence and upon conviction shall. in addition to anv other sentence which the court may for a driving licence for a period not exceedina 12 months from the date of conviction.
If the court makes an order disaualifvina the applicant from re-apPlvinq for a driving licence. and the State teabs evidence to the effect that the amiicant has obtained a drivina licence in the meanwhile, anv such driving licence shall be null and void and the court shall reauire the accused to Droduce any such licence and shall cancem.
to the applicant and, if applicable, endorse such driving licence in accordance with section 18(4).
direct where an applicant for a learner's licence shatl be evaluated and at which driving licence testina centre such applicant may apDJv for a learner's lieence.
Amendment of section 27 of Act 93 of 1996 12.
(ii) notify the authority which issued the licence [or, in the case where it is contained in an identity document, the Director-Generalof Home Affairs] accordingly .'I.
0section 59(4), in the case of a conviction for an offence, where-@ a speed in excess of 30 kilometres per hour over the speed limit in an urban area was recorded: or a speed in excess of 40 kilometres per hour over the applicable speed limit outside an urban area or on a freewav, was recorded;"; and the substitution for subsection (3) of the following subsection: "(3) If a court convicting any person of an offence referred to in subsection (I), is satisfied, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualification referred to in subsection (I)or (2), respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualification shall not take effect, or shall he for such shoder period as the court may deem fit.".
Amendment of section 41 of Act 93 of 1996 14.
Amendment of section 42 of Act 93 of 1996, as substituted by section 6 of Act 8 of 1998 15.
"(5) Any document issued by a competent authority in a prescribed territory relatinq and serving a similar purpose to that of certification of roadworthiness or a roadworthy certificate shall, in accordance with the conditions thereof but subject to this Act, be deemed to be certification of roadworthiness or a roadworthy certificate relating to anv such vehicle registered in the prescribed territorv for the purpose of subsection (2) or (3), as the case may be.".
Amendment of section 58 of Act 93 of 1996 16.
vehicle, a rescue vehicle, an emeraency medical response vehicle or an ambulance who drives 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.
of this section, the phrase 'in the Derformance of his or her duties means onlv those duties performed incases of real emeraencies where it is on the face of it uraentlv in order to move quicklv of a human beina, the imminent commission of a crime or the escape of a suwected criminal'.
of section 60 of Act 93 of 1996 17.
Notwithstanding the provisions of section 59, the driver of a fire-fighting vehicle, a fire-fiahtina rewonse vehicle, a rescue vehiclem emergency medical response 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 any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
in the case of any such fire-fighting vehicle, fire-finhtinn response vehicle, rescue vehicle, emergency medical resDonse vehicte, 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 excess of the applicable general speed limit; and or her duties means only those duties performed in cases of real where it is on the face of it urgently any speed limit referred to in section 59 1.
in order to move auicklv to prevent the death or injury the imminent commission of a crime or the escaDe criminal'.
Amendment of section 61 of Act 93 of 1996 18.
or in any other case on the first working dav after the occurrence of such accident, report the accident to any police officer at a police station or at any office set aside by a competent authority for use by a traffic officer, and there produce his or her driving licence and furnish his or her identity number and such information as is referred to in [that] paragraph Lel, the driver shall report the accident on the prescribed form and in the prescribed manner and the officer concerned shall deal with the report in the prescribed manner; the MEC of the province in whose area the accident occurred shail ensure that the accident is recorded onto the reclister of accidents in the prescribed m.anner and within the Prescribed Period: and not, except on the instructions of or when administered by a medicat 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 0, 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.
0No person shall produce anv document to be used for the purooses of this Act which differs in anv wav from a format or in, Content from a document Prescribed Interms of this Act.
Act or omission of manager, agent or employee of consignor and consignee of a consianor or consiqnee, as the case may be, does or fails to do anvthin or consignee had done or failed to do it, would have constituted an offence in terms of this Act, the consianor or consignee.
that he or she took all reasonable measures to prevent such act or omission; and that such act or omission did..not fall within the scope of the authoritv of or in the course of the emplovment of such manager, agent or employee, be deemed to have committed or omitted that act and be liable to be convicted and sentenced in resDect thereof.
In anv Drosecution under this Act, a aoods declaration or anv other document relating to the load of a vehicle and confiscate, d from such vehicle shall be proof of the truth of the matters stated in such document unless credible evidence to the contrarv is adduced.
Amendment of section 75 of Act 93 of 1996, as amended by section 13 of Act 8 of t998 and section 31 of Act 21 of 1999 21.
"(b) the identification 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."
the equipment to be used for law enforcement purposes, the certification of sucheauipment and requirements in resr>ect of records obtained from the eauipment; and equipment to limit speed.
subiect to the Promotion of Access to Information Act, 2000 (Act No.2 of 2000): and the fees for the provision ofsuch information.
Substitution of section 81 of Act 93 of 1996 23.
"Vehicle and load may be exempted from provisions of Act of the other provinces, 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 inthe relevant province of a vehicle which, [does] due to such vehicle's original design cannot comply with the provisions of this Act or the conveyance in a safe manner on a public road inthe province of passengers or any load otherwise than in accordance with the provisions of this Act.".
Amendment of section 89 of Act 93 of 1996 24.
or (9) shall be liable to a fine or to imprisonment for a period not exceeding six years.
) shall be liable to a fine or to imprisonment for a period not exceeding three years.
For the purposes of this section 'overjoadinrr fund account' means a fund contemptated in subsection (3).
the administration of the overloading fund account.
of an offence and liable on conviction to a fine in addition to the overloadinq fee or to imtxisonment for a period not exceeding ten Years or to both a fine and such imprisonment.
The amount of an dverloadina fee paid by an owner or operator must be refunded if-&! the accused is acquitted by a court on a charge relating to the the charge contemplated in paraaraph has been withdrawn by the State in terms of section 6 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); the person has made a successful representation to the Road Traffic infringement Agency in terms of section 18 of Road Traffic Offences Act, 1998 (Act No.
A court convictins an owner or operator on a charge an amount has been paid into the overloading fund account when sentencing the owner or operator.
A traffic officer mav seize any vehicle which is beina driven in contravention of section 89A(4), together with its load.
Any vehicle and its load seized in terms of subsection 1 1 shall be held in safekeeping in the prescribed place and manner until the relevant overloading fee has been paid.
and the vehicle inquestion, with or without its load, has not vet been released in terms of section 89B(2).
the court mav declare the convicted person's rinhts in and to the vehicle or its load or both to be forfeited to the State.
Substitution of section 92 of Act 93 of 1996, as amended by section 38 of Act 21 of 1999 28.
Fees or request made, or document issued, or anv other matter, relatina to the registration and licensing svstem ofmotor vehicles, shall be determined under the laws of the Drovince 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 renistration and licensing svstem of motor vehicles, shall be prescribed.
defray the costs incurred bv the Corporation with respect to the issuance of driving licences, shall be prescribed.
shall be administered as prescribed.
Amendment of Act 21 of 1999 29. The National Road Traffic Amendment Act, 1999, is hereby amended by the deletion of sections 6, 14 and 22.
This Act is called the National Road Traffic Second Amendment Act, 2005 and comes into operation on a date fixed by the President by Proclamation in the Gazefte.