The Minister of Transport hereby publishes the above draft Bill for public comments. Interested persons are requested to submit written comments on the above Bill by no later than 13 July 2009.
E-mail: MasombuA@dot.gov.za ThokaN@dot.gov.
To amend the National Road Traffic ~ct, 1996, so as to insert certain definitions and to amend others. To create for the registration and licensing of motor vehicles, manufacturers, builders, bodybuilders, importers and manufacturers of number plates. To empower the MEe to register the applicant as a manufacturer, body builder, builder, importer and manufacturer of number plates. To empower only a provincial Department of Transport or municipality to operate a driving license testing centre. To empower the CEO of RTMC to approve and register a driving license testing centre, To empower the rliinister to prescribe training procedures and disqualifications of persons appointed by an authOrity. To impose a duty on drivers to be in physical possession of drivers licences or proof thereof when driving a motor vehicle. To empower the Driving license testing centres to issue a drivers license. To prohibit the issuance of a driving license or learners license of a person who has been convicted of using an aid material in order to pass the driving license test. To set the 1 May 2003 as the date upon which the provision of Section 18(6)(a)shaif come into effect. To regulate the registration and grading of applicants as a driving school instructor and to direct how the zppiication and registration of applicants shall be processed. To formalize the driving school industry and prohibit unregistered and un graded driving schools and instructors from operating as such. To empower the MEC to approve applications for registration of the driving schools. To empower the MEC to prescribe regulations as to how to handle appiications as a driving school instructor, To empower the MEC to suspend, cancel or deregister a driving school when suspected of contradicting this act.. To empower the MEC to declare as void, documents purporting to be driving licenses issued in contravention of the Act and to empower the Inspectorate of the driving license testing centres to destroy such documents. To empower the Minister to appoint a person, authority or a body as an inspectorate of driving licence testing centre, To prohibit the use and presentation of someone's license under false pretenses. To provide for the suspension of driving licenses and the circumstances under which a license should be suspended where a person exceeds the speed limit in excess of 30 KM per hour over an applicable speed limit in an urban area, and a speed in excess of 40 KM per hour over the applicable speed limit outside an urban area or incidental 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.
"the principal Act".
"body builder" means a person who builds and fits new bodies on chassis or chassis cabs, or modifies existing bodies".
If the MEC is satisfied that an aoplicant referred to in subsection (1) complies with the qualifications for competency as prescribed for the specific category in respect of which the application is made, the MEC shall register such applicant on the conditions and in the manner orescribed.
The MEC may, in the prescribed manner, alter the conditions referred to in subsection (2).
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, bodybuilder or importer.
Every manufacturer, builder, bodvbuilder or imoorter shall. in the prescribed manner, register everY motor vehicle manufactured, built or imported by him or her, before he or she distlibutes or sells such vehicle.
The Minister may appoint a person, an authority or a body as an inspectorate of manufacturers, builders. body builder and importers.
The powers and duties of the inspectorate contemplated in subsection (1) in relation to the registration and inspection of manufacturers, builders, body builder and importers shall be as prescribed.
The Minister may, in order to defray the expenditure incurred by or on behalf of that inspectorate for the purposes of performing its functions, prescribe fees to be paid in respect of inspections carried out by it in terms of this Act.
Amendment of sections 8 of Act 93 of 1996 4.
S. [No Person] Only a provincial deoartment of [StateI TranSDOf! or [registering authority] municipality shall operate a driving licence testing centre [unless] provided that such testing centre is registered and graded.
SA. (1) [Any person] A orovincial department of [state] Transport or [registering authority] municipality desiring to operate a driving licence testing centre shall in the prescribed manner apply to the [inspectorate of driving licence testing centres] chief executive officer for approval and the registration of such testing centre.
A driving licence testing centre may, on the prescribed conditions be registered [and graded] to operate a mobile facility that may test applicants for learner's licences [only] at piaces other than such centre.
Amendment of sections 9 of Act 93 of 1996 5.
On receipt of an application referred to in section SA, the chief executive officer may after recommendation from the inspectorate of driving licence testing centres, sha.l and if satisfied that, in relation to the driving licence testing centre concerned, the prescribed requirements Tor the registration of such a testing centre havs been met, register and grade such testing centre in the prescribed manner, and give notice of such registration in the Gazette.
Amendment of section 10 of Act 93 of 1~96 6.
The inspectorate of driving licence testing centres [may] shall, 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 it deems fit, and mat, S recommendation to the MEC (CEO) to [o-rq regrade or cancel it, in the prescribed manner.
The Minister shall.[after the decision has been taken by the shareholders Committee] appoint a person, an authority or a body as an inspectorate of driving licence testing centres.
"(5) The Minister shall prescribe the re:ationship behveen the insoectorate and any inspectorate (compliance monitoring unit for road traffic legislation) instituted by provincial road traffic legislation.
12(b) unless he or she keeps valid proof of such licence or document or any other prescribed authorization in the original format with him or her in the vehicle.
Amendment of sections 15 of Act 93 of 1996 10.
the substitution for subsection (1).
The chief executive officer [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).
issue or authorise the issue of a new licence in the prescribed manner reflecting the conditions on which it is issued.
"(4) A person who is the holder of a drivina licence who wishes to surrender such licence or to be issued with a licence for another class of motor vehicle authorised bv the category of licence he or she holds, may request the chief executive officer to cancel such licence or to issue him or her with another cateqory of licence as applicable."
17.(1) Subject to section 24, a person desiring to obtain a learner's licence shall apply in the prescribed manner to an aoorooriately graded driving licence testing centre.
Upon receipt of the application. the driving licence testing centre shall deal with the application in the orescribed manner.
If the driving licence testinq centre is satisfied that the apolicant, after being evaluated in the orescribed manner has sufficient knowledge of the matters prescribed in respect of the class of vehicle concerned, and is not disqualified in terms of section 15 from obtaining a learner's licence.
Any applicant for a leamer's licence who makes use of any unauthorised aid during a test for a leamer'S licence or is found in possession of an aid that may assist a person in answering a test for a leamer's licence shall be guilty of an offence and upon conviction shall. in addition to any other sentence which the court may impose, automatically be disqualified from re-applying for a learner's licence for a prescribed period not exceeding12 months from the date of conviction.
If a Derson has been convicted in terms of subsection (5) the registrar or the clerk of the court shall inform the chief executive officer in the prescribed manner and if the person so convicted has obtained a learner's or driving licence between the date of the offence and six months from the date of conviction, such licence shall be null and void from ths date of conviction.
Amendment of section 18 of Act 93 of 1996 13.
Subject to section 24, the holder of a learner's licence issued in terms of section 17, who desires to obtain a driving licence shall apply in the prescribed manner to an appropriately graded driving licence testing centre [for a licence to drive a motor vehicle of a class of which is authorised by his or her iearners iicence] and such application shall be accompanied by a certificate issued by a registered drivino school as contemplated in section 28F.
Upon receipt of an application in terms of subsection (1), the driving licence testing centre concerned shaH [if it is satisfied from the information furnished in the application or from such further information as such centre may reasonably request that the applicant is not disqualified from obtaining a driving licence, determine a day on and time at which the applicant shall present himself or herself to be examined by an examiner for driving licences in the manner an in respect of matters as prescribed, and for such purpose the applicant shall supply a motor vehicle of the class to which his or her application relates] deal with the application in the prescribed manner.
An examiner for driving licences shall test an applicant for a driving licence in the manner, with equipments and in respect of the matters as prescribed.
(SA) Any applicant for a drivinq licence who makes use of anv unauthorised aid during a test for a driving licence or is found in possession of an aid that may assist a person in passinq a driving licence test shall be Quilty of an offence and upon conviction shall, in addition to any other sentence which the court may impose, automatically be disaualified from re-applying for a driving licence for a prescribed period from the date of conviction.
If a person has been convicted in terms of subsection (5A) the registrar or the clerk of the court shall inform the chief executive officer in the prescribed manner and if the person so convicted has obtained a driving licence between the date of the offence and six months from the date of conviction, such licence shaH be nul! and void from the date of conviction.
Subject to paragraph (b), a driving licence which has officially been included in an identity document shall be deemea to be a driving issued under this Act. until a date fixed by the Minister by notice in the Gazette} not be accepted as proof of a driving license.
[The date determined in that notice] before 1 May 2003, shall, upon proof submitted by any such person of the date of his or her discharge from such facility or, release from such institution or his or her retum to the Republic, be [deemedI allowed to exchange such license [be a date] within six months after the date of such discharge from such facility or, release from such institution or return to the Republic.
Amendment of section 19 of Act 93 of 1996 14.
Upon receipt of an application under subsection (1), the examiner for driving licenses. if he or she is satisfied that the existing license is a valid license and that the applicant is the holder Ineteof, shall. subject to section 25. issue or authorize the issue ofe: drivine license on the prescribed form and in the prescribed mannei in respect of the class of motor vehicle to which the existina license relates.
Any person whose licence has become invalid in terms of [subsection (3)] section 18(6) and who requires a driving licence must apply anew for the issue of a licence in terms of section§. 17 and 18.
Amendment of section 23 of Act 93 of 1996 15.
"When foreign driving license not issued in terms of this Act} or intemational driving permit is deemed to be driving license" Amendment of section 24 of Act 93 Of 1996 16.
24 (1) A provincial department of Transport registered as a driving licence testing centre may issue a leamer's or driving licence as prescribed in sections 17 and 18 respectively, in the prescribed form to a person who is in the employment of such department of state onlv.
Amendment of section 25 of Act 93 of 1996 17.
25 (1) Subject to the provisions of subsection(2).
of a learners or driving licence issued in terms of this chapter, a repealed ordinance or any prior law.
If any person, after having been examined and tested in terms of subsection(2}[(a)] is found not to be competent to drive a motor vehicle of the class provided by him or her, the chief executive officer shall forthwith cancel the licence concerned.
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 license to the chief executive officer or an inspector of licences authorised by him or her.
The chief executive officer or the inspector of licences, as the case may be, shall record particulars of the cancellation or suspension in the register for driving licences and where the licence has been suspended the chief executive officer or the inspector of licences, as the case may be, shall retain the licence until the period of susoension expires, where after it shall be returned to the holder thereof.
Where any circumstance arises in relation to the holder of a licence authorizing the driving of a motor vehicle and which is issued in a prescribed territory or a foreign state, wrlich 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 chief executive officer 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 and the chief executive officer shall retain such licence under the prescribed conditions.
Amendment of section 27 of Act 93 of 1996 18.
on which an endorsement prescribed in terms of section 18 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 chief executive officer of the oravince in which he or she is permanently or ordinarily resident for the cancellation or amendment of such endorsement.
Amendment of section 28 of Act 93 of 1996 19. Section 28 of Act 93 of 1996 is hereb}!
Any person desiring to be realstered as an instructor shall apply at a driving licence testing centre to the chief executive officer on form RI as shown in Schedule 2, in respect of one or more of the classes of motor vehicles for which a learner's or drivina iicence can be obtained as contemplated in reaulation 99 (1), and such application shall be accomoanied by the appropriate fee as determined by the MEG of the province concerned.
the driving licence testing centre shall reauire the applicant to be medically examined at the applicant's cost by a medica! practitioner or occupational health practitioner in order to obtain a report on form MG as shown in Schedule 2 on the physical and mental fitness of such apolicant to act as an instructor.
A member of the South African Police Service may take the finger and palm prints of the applicant to enable him or her to report in terms of SUb-regulation (2).
Before an application in terms of sub-regulation (1) is forwarded to the chief executive officer. the driving licence testina centre concerned shall attach the reports referred to in sub-regulation (2) and shall at the same time draw the attention of the chief executive officer to any relevant information.
STAATSKOERANT, 11 JUNIE 2009 NO.32312 25 280. (1) No person shall operate a driving school unless such driving school is registered and graded.
"Application for registration of driving schoo!"
28F. (1) Upon receipt of the apolication referred to in section 28E and on the recommendation of the Provincial monitorina unit. the MEC is satisfied that the driving school concerned has met all the requirements for reaistration, the MEC shall reqister and grade such drivino school on the conditions and in the prescribed manner, and shall aive notice of such registration and grading in the Gazette and local newsoaper.
Amendment of section 29 of Act 93 of 1996 19.
Amendment of section 30 of Act 93 of 1996 20.
No person who is the holder of a leamer's or driving licence shall allow such licence to be used by any other person.
No person shall use any other person's licence and present such licence as his or her license.
Amendment of section 31 of Act 93 of 1996 21.
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 and shall take the necessary steps to ensure that such person is licensed before such person drives such vehicle.
Amendment of section 32 of Act 93 of 1996 22.
No person shall drive a motor vehicle of a prescribed class on a public road except in accordance with the conditions of 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 leamer'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] who is the holder of a professional driving permit in respect of that class of vehicle and who is in possession of such permit: Provided further that if the person accompanying such person is an examiner for driving licences, such examiner does not have to be the holder of a professional driving permit.
Any document issued by a competent authority in any prescribed territory, other than a driving licence, approved bv the Minister by notice in the Government Gazette, 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).
Amendment of section 33 of Act 93 of 1996 23.
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 card 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.
For the purposes of this section and sections 34 to 36, inclusive"licence" means a learner's or driving licence card; and "permit" means a professional driving permit.
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.
Amendment of section 34 of Act 93 of 1996 24.
Where a court has issued an order under subsection (1) (a) or (b) the registrar or clerk of the court shall, subiect to subsection (2 retain such licence and deal with it in the Drescribed manner.
"(4) Where a court has issued an order in terms of subsection (1) (c) the registrar or clerk of the court shall notify the chief executive officer in the prescribed manner of such order and the chief executive officer shall record such order on the register for drivinG licences ."
Amendment of section 80 of Act 93 of 1996 25.
This Act is called the National Road Traffic Amendment Act, 2009, and comes into operation on a date fixed by the President by proclamation in the Gazette.