LEGISLATION IN ROAD TRANSPORT

MODULE CODE: LEG2RY1

NATIONAL ROAD TRAFFIC ACT AND AARTO
ITS: 72008005

LEARNING MATERIAL TO BE USED IN CONJUCTION WITH THE

NATIONAL ROAD TRAFFIC ACT

ACKNOWLEDGEMENT

Ms AM Swanepoel

Copyright © University of Johannesburg, South Africa

Printed and published by the University of Johannesburg
© All rights reserved. Apart from any fair dealing for the purpose of research, criticism or review as permitted under the Copyright Act 98 of 1978, no part of this material
may be reproduced, stored in a retrieval system, transmitted or used in any form or be published, redistributed or screened by any means electronic, photocopying,
recording or otherwise without the prior written permission of the University of Johannesburg.
 NATIONAL
ROAD TRAFFIC ACT, 1996

AND

REGULATIONS
2000

COPYRIGHT: DEPARTMENT OF TRANSPORT AND SUPPLY CHAIN MANAGEMENT

UNIVERSITY OF JOHANNESBURG

THIS MANUAL HAS BEEN UPDATED WITH THE LATEST AMENDMENT AS PER GOVERNMENT
GAZETTE 48348, DATED 31 MARCH 2023
 THE NATIONAL ROAD TRAFFIC ACT, 1996

The purpose of the National Road Traffic Act, 1996 is to regulate traffic on public roads.

Traffic includes amongst other motorists, truck drivers, cyclists and pedestrians.

The Act regulates the powers of the officers that enforce the law, sets out the qualifications for drivers of motor
vehicles, specifies the roadworthy requirements for motor vehicles and regulates the actions of driers on public
roads.

Almost all the requirements of the Act are applicable to the use of a public roads.

Offences are created in the Act to ensure the safety of drivers and pedestrians on public roads.

Certain provisions in the Act, like overloading control, are specifically created to protect the road infrastructure.

This manual has been updated with the latest amendment as per Government Gazette 42120, dated 19
December 2018. Students who require up to date information on the legislation need to check for updates in
legislation as the Department of Transport continuously update their legislation.

LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT

 ARRANGEMENTS OF SECTIONS AND REGULATIONS
DESCRIPTION Section Regulation
CHAPTER I - Interpretation of Act (Definitions)
Definitions - Act 1
Definitions - Regulations 1

CHAPTER II - Application of Act and minimum requirements 2 – 3L

• Matters relating to registering authorities 1A
• Authorised officers 1B – 2A
• Requirements for approval of training centres 2B

CHAPTER III - Registering and licensing of motor vehicles and 4 –7

registering of manufacturers, builders, importers
and manufacturers of number plates
• Registration and licensing of motor vehicles 3 -37
• Registration of manufacturers, builders, importers and manufacturers of 38 - 51
number plates
• General 52 - 68
• Motor Trade Numbers 69 - 83
• Temporary and special permits 84 - 90

CHAPTER IV - Fitness of drivers 8 - 36

• Driving licence testing centres 91 – 97, 100
• Learner’s and driving licences 99, 101 -
127
CHAPTER V - Fitness of vehicles 37 - 44
Testing stations, roadworthy certificates and certification of roadworthiness 128 - 148

CHAPTER VI - Operator fitness 45 - 51 265 – 272E

CHAPTER VI A - Right of Appeal 51A –

51B
CHAPTER VII - Road Safety 52 – 53

CHAPTER VIII - Dangerous Goods 54 - 55

Transportation of dangerous goods and substances by road 273 – 283B

CHAPTER IX - Road traffic signs and general speed limit 56 - 60

• Road Traffic Signs 284 – 291
• Speed limits 292 - 295
Note that schedule 1 of the regulations contains the detail signs and is not
included in this document

CHAPTER X - Accidents and accident reports 61 - 62

CHAPTER XI - Reckless or negligent driving, inconsiderate 63 - 68 332 - 332A

driving, driving while under the influence of
intoxicating liquor or a drug having a narcotic
effect and miscellaneous offences.

CHAPTER XII - Presumptions and legal procedure 69 – 74B 330A-D

INDEX (ii)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
 DESCRIPTION Section Regulation
CHAPTER XIII - Regulations 75 - 76
• Equipment on or in respect of vehicles 149 - 220
• Dimensions of vehicles 221 - 230
• Loads on vehicles 231 - 249
• Provisions relating to passenger carrying vehicles 250 – 264A

RULES OF THE ROAD AND MATTERS RELATING THERETO

• Rules of the Road 296 - 323
• Driving signals and signals for the control of traffic 324 - 329
• General 330

CHAPTER XIV - Registers and records 77 - 79 331

CHAPTER XV - General provisions 80 - 94

• Offences and penalties 333
• Miscellaneous 334 – 337C
• Transitional provisions, repeal of regulations and title and commencement 338 - 346

INDEX (iii)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
 INDEX – SECTIONS
SECTION DESCRIPTION PAGE
1 Definitions 2
2 Application of Act 20
3 Appointment of registering authorities 20
3A Appointment of officers 20
3B Application for registration as inspector of licences, examiner of vehicles, examiner for driving 22
licences or traffic officer
3C Registration and grading of officers 22
3D Minimum requirements for registration as inspector of licences, examiner of vehicles, examiner 23
for driving licences and traffic officer
3E Suspension and cancellation of registration of officer 23
3F Powers and duties of inspector of licences 24
3G Powers and duties of examiner of vehicles 25
3H Powers and duties of examiner for driving licences 25
3I Powers and duties of traffic officer 25
3J Failure to comply with instruction or direction of inspector of licences, traffic officer, examiner of 26
vehicles or peace officer
3K Impersonating authorized officer or peace officer or inducing any such officer to forsake his or 27
her duty
3L Approval of training officer 27
4 Registration and licensing of motor vehicles 33
5 Registration of manufacturers, builders, importers and manufacturers of number plates 77
6 Right of appeal to Shareholders Committee 77
7 Appointment of inspectorate of manufacturers, builders and importers 78
8 Driving licence testing centre to be registered 85
8A Application for registration of driving licence testing centre 85
9 Registration and grading of driving licence testing centres 86
10 Suspension or cancellation of registration of driving licence testing centre 87
11 Appointment of inspectorate of driving licence testing centres 88
12 Driver of motor vehicle to be licensed 88
13 Licence to drive, either learner’s or driving licence 90
14 Prescribing, classification and extent of learner’s or driving licence 90
15 Disqualification from obtaining or holding learner’s or driving licence 100
16 Failure to disclose disqualification in respect of licence authorising driving of motor vehicle 102
prohibited
17 Application for and issue of learner’s licence 102
18 Application for and issue of driving licence 105
19 Substitution of driving licence issued before certain date 112
20 Special provisions in relation to driving licences which ceased to be valid in terms of road traffic 113
ordinance
21 Directions to applicant for learner’s or driving licence 116
22 Holder of licence to drive motor vehicle shall give notice of change of place of residence 116
23 When licence not issued in terms of this Act deemed to be driving licence 116
24 Department of State may issue learner’s or driving licence to person in its employment only 118
25 Suspension or cancellation by chief executive officer or licence authorizing driving of motor 118
vehicle
26 Lapsing of endorsement on licence 120
27 Cancellation or amendment of endorsement on licence 121
28 Instructor to be registered 121
28A Application for registration as instructor 121
28B Registration and grading of instructor 121
28C Suspension and cancellation of registration of instructor 122
29 Voidness of licence issued contrary to Chapter 122
30 Use of somebody’s learner’s or driving licence by another prohibited 122
31 Unlicensed driver not to be employed or permitted to drive motor vehicle 122
32 Professional driver to have permit 122
33 Production of licence and permit to court 130
34 Court may issue order for suspension or cancellation of licence or permit or disqualify person 130
from obtaining licence or permit
35 On conviction of certain offences licence and permit shall be suspended for minimum period and 131
learner’s or driving licence may not be obtained
36 Procedure subsequent to suspension or cancellation of licence or permit 132
37 Testing station to be registered 133
38 Application for registration of testing station 133
39 Registration and grading of testing station 134
INDEX (iv)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
SECTION DESCRIPTION PAGE
40 Suspension or cancellation of registration of testing station 135
41 Appointment of inspectorate of testing stations 136
42 Certification of roadworthiness required in respect of a motor vehicle 139
42A Roadworthy certificate to be displayed on motor vehicle 140
43 Application for certification of roadworthiness 140
44 Notice to discontinue operation of motor vehicle 144
45 Registration of operator 147
46 Issue of operator card 149
47 Operator card to be displayed on motor vehicle 151
48 Proof of certain facts 151
49 Duties of operator 151
50 Power of chief executive officer in respect of motor vehicles, drivers and activities of operators 153
51 Act or omission of manager, agent or employee of operator 155
51A Right of appeal to Shareholders Committees 156
51B Right of appeal to chief executive officer 156
52 Powers and functions of Director – General 158
53 Delegation by Chief Executive Officer 158
54 Transportation of certain dangerous goods prohibited 159
55 Appointment of dangerous goods inspector or inspectorate 159
56 Minister may prescribe road traffic signs 167
57 Authority to display road traffic signs 167
58 Failure to obey road traffic sign prohibited 168
59 Speed limit 182
60 Certain drivers may exceed general speed limit 182
61 Duty of driver in event of accident 185
62 Garage to keep record of motor vehicle involved in accident 186
63 Reckless or negligent driving 187
64 Inconsiderate driving 187
65 Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with 187
excessive amount of alcohol in blood or breath
66 Unauthorised acts in relation to vehicle 189
67 Furnishing false information prohibited 189
68 Unlawful acts in relation to registration plates, registration number, registration mark or certain 190
documents
69 Presumptions regarding public road, freeway and public road in urban area 192
70 Presumption regarding mass ascertained by means of mass-measuring bridge or other mass- 192
measuring instrument
71 Presumption regarding gross vehicle mass of motor vehicle 192
72 Proof of gross vehicle mass of motor vehicle 192
73 Presumption that owner drove or parked vehicle 192
74 Presumption regarding officers 193
74A Act or omission of manager, agent or employee of consignor or consignee 193
74B Proof of certain facts 193
75 Power of minister to make regulations 196
76 Incorporation of standards by reference 200
77 Registers or records to be kept 282
78 Copy of entry in register or record to be prima facie proof 282
79 Cognisance may be taken of information contained in register or record 283
80 Parking for disabled persons 285
80A Power of local authority to make bylaws 285
81 Vehicle and load may be exempted from provisions of Act 286
82 Inspections for ensuring that provisions of Act are given effect to 286
83 Doubt regarding use or classification of vehicle 287
84 Variation of prescribed form 287
85 Issue of document as proof of driving licence in special circumstances 287
86 Signature upon documents 287
87 Service of notices 287
88 State bound 288
89 Offences and penalties (See Adjustment of Fines Act, 101 of 1991 for fine values) 288
90 ….. Deleted 290
91 Delegation by Minister and MEC 290
92 Fees 290
93 Repeal of laws, and savings 290
93A Transitional provisions 291
93B Transitional provision: General 291
94 Short title and commencement 291

INDEX (v)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
 INDEX – REGULATIONS

REG DESCRIPTION PAGE

1 Definitions 8
1A Procedure in case of dispute in relation to appropriate registering authority 28
1B Manner of application for registration as inspector of licences, examiner of vehicles, examiner 28
for driving licences or traffic officer
1C Manner of registration as inspector of licences, examiner of vehicles, examiner for driving 28
licences or traffic officer
1D Manner of application for registration as a NaTIS officer 28
1E Manner of registration as a NaTIS officer 28
1F Manner of suspension or cancellation of registration of NaTIS officer 29
2 Grades of examiner of vehicles and examiner for driving licences 29
2A Manner of suspension or cancellation of registration of authorized officer 31
2B Requirements for approval of training centres by Shareholders Committee 32
3 Motor vehicle to be registered 33
4 Motor vehicle deemed to be registered 33
5 Motor vehicle exempt from registration 34
6 Date on which registration of motor vehicle become null and void 35
7 Date and conditions on which motor vehicle to be registered 35
8 Manner of application for registration of motor vehicle 36
9 Additional requirements for registration of motor vehicle built up from parts 38
9A Additional requirements for registration of deregistered motor vehicles 39
9B Additional requirements for registration of motor vehicle deregistered due to not being licensed 39
10 Additional requirements for registration of motor vehicle acquired from the estate of deceased 39
person.
11 Additional requirements for registration of repossessed motor vehicle 39
12 Additional requirements for registration of motor vehicle acquired outside borders of Republic 39
12A Additional requirements for registration of motor vehicle previously reported as stolen 40
13 Manner of registration of motor vehicle 40
13A Prohibition of registration of permanently demolished motor vehicle 41
13B Manner of electronic registration of motor vehicle 41
14 Application by and appointment of manufacturer or importer as agent of registering authority 42
15 Introduction of motor vehicles by manufacturers or importer appointed as agent 42
16 Application for registration certificate in respect of motor vehicle introduced by manufacturer or 43
importer
17 Deregistration of registered motor vehicle which becomes exempt from registration 43
18 Motor vehicle to be licensed 43
19 Motor vehicle deemed to be licensed 43
20 Motor vehicle exempt from licensing 44
21 Special classification of motor vehicle in relation to motor vehicle licence fees 44
22 Date on which motor vehicle licence and licence disk of a motor vehicle becomes null and void 46
23 Date on which motor vehicle to be licensed 46
24 Manner of application for licensing of motor vehicle 47
25 Manner of licensing of motor vehicle 48
25A Electronic motor vehicle licensing 49
26 Period of validity of motor vehicle licence and licence disc 49
26A Consequences of failure to licence motor vehicle 49
27 Licence mark and licence number system 50
28 Personalised licence number system 51
28A Cancellation of personalised licence number 51
29 MEC may change allocated licence number 52
30 Motor vehicle licence assessment 52
31 Additional requirements for application for licensing in the case of alteration or reconstruction of 52
registered motor vehicle
32 Procedure on change of appropriate registering authority due to owner moving 53
32A Verification of address particulars 53
33 Procedure on re-defining of area of registering authority 53
34 Procedure on change of licence mark of registering authority or licence number system of 54
province
35 Display of licence number 54
36 Display of licence disc or licence and roadworthy certificate disc 56
37 Procedure for refund of motor vehicle licence fees 57
38 Certain manufacturers, builders and importers to register 78
39 Manner of application for registration as manufacturer, builder or importer 78
INDEX (vi)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
REG DESCRIPTION PAGE
40 Manner of registration of manufacturer, builder or importer 78
41 Conditions for registration of manufacturer, builder or importer 79
42 Manner of suspension or cancellation of registration of manufacturer, builder or importer 80
43 Manufacturers, builders or importers not required to register must comply with conditions 80
44 Powers and duties of inspectorate of manufacturers, builders and importers 80
45 Fee to defray expenditure incurred by inspectorate of manufacturers, builders and importers 82
46 Procedure for change of particulars of registered manufacturer, builder or importer 82
47 Manner of change of conditions upon which manufacturer, builder or importer is registered 82
48 Manufacturers of number plates to register 83
49 Manner of application by and registration of manufacturers of number plates 83
50 Conditions for registration as manufacturer of number plates 83
50A Procedure for change of particulars of registered manufacturer of number plates 84
51 Manner of suspension or cancellation of registration of manufacturer of number plates 84
52 Procedure for change of particulars of title holder or owner of registered motor vehicle 57
53 Duty of title holder and owner of motor vehicle where such title holder or owner changes 58
53A Display of motor vehicle for sale on premises of motor dealer 59
54 Procedure if motor vehicle is stolen 59
55 Procedure if motor vehicle becomes permanently unfit for use as motor vehicle 60
55A Procedure if motor vehicle is impounded by South African Police Service 62
56 Number to be affixed to motor vehicle 62
56A Vehicle Identification number to be affixed to a motor vehicle 63
57 Penalties for late registration or licensing 63
58 Registration and licence fees not payable in respect of certain vehicles 64
59 Arrear fees for licensing of motor vehicle or motor trade number 64
60 Period of grace 65
61 Procedure when cheque is dishonoured 65
62 Duty to furnish information 65
63 Duty of registering authority in respect of records 66
64 Confirmation of information in respect of motor vehicle 66
64A Manner of application for registration as an external road traffic register user 66
64B Manner of registration as an external road traffic register user 66
64C Conditions for registration as an external road traffic register user 67
64D Manner of suspension or cancellation of registration as an external road traffic register user 67
65 Exporting of motor vehicles 67
66 Manner in which mass measuring certificate to be obtained 68
67 Manufacturer, builder or importer to provide certificate 68
68 Registration certificate to be submitted by owner and title holder under certain circumstances 68
69 Motor vehicles may be operated under motor trade number under certain circumstances 69
70 Manner of application for motor trade number 69
71 Motor trade number system 69
72 Manner of issue of motor trade number 70
73 Motor trade number to be licensed 70
74 Date on which motor trade number to be licensed 70
75 Manner of application for a motor trade number licence 70
76 Manner of licensing of motor trade number 71
77 Period of validity of motor trade number licence and motor trade number licence disc 71
78 Motor trade number licence assessment 71
79 Procedure for change of particulars of holder of motor trade number 72
80 Cancellation of motor trade number 72
81 Number issued in prescribed territory 81
82 Display of motor trade number and motor trade number licence disc 81
83 Right of appeal to MEC 74
84 Circumstances in which motor vehicle may be operated on public road under temporary or 74
special permit
85 Manner of application for temporary or special permit 75
86 Temporary or special permit number system 75
87 Manner of issue of temporary or special permit 75
88 Period of validity of temporary and special permit 76
89 Display of temporary or special permit 76
90 Duty of motor dealer in respect of temporary permit 77
91 Manner of application for registration of driving licence testing centre and identification of 85
management representative and examiners for driving licences
92 Requirements for registration as driving licence testing centre 85
93 Manner of registration of driving licence testing centre 86
94 Change of registration particulars 86
95 Grades of driving licence testing centres 86

INDEX (vii)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
REG DESCRIPTION PAGE
96 Manner of suspension or cancellation of registration of driving licence testing centre 87
97 Powers and duties of inspectorate of driving licence testing centres 88
98 ….. Deleted
99 Categories of learner’s and driving licences, classes of motor vehicles relating to each category 90
of such licences and the authority conveyed by such licences
100 Authorisation which serves as licence in terms of section 12 of Act 89
101 Period of validity of learner’s licence and driving licence 99
102 Defective vision disqualifying person from obtaining or holding licence 101
103 Manner of application for learner’s licence 103
104 Manner and contents on which applicant for learner’s licence to be tested and examined 104
105 Issue of learner’s licence 105
106 Manner of application for driving licence 106
107 Manner and contents on which applicant for driving licence to be examined tested 107
108 Manner of issue of driving licence 108
109 Application for and issue of duplicate of licence 111
110 Conditions for acknowledgement and exchange of driving licence not issued in terms of Act, 116
and international driving permit
111 Application for driving licence in terms of section 19 of Act and regulation 110 (6) (a) 112
112 Application for driving licence in terms of section 20 of Act and regulation 110 (6) (b) 114
112A Authorisation to allow person to receive driving licence card on behalf of another person 115
113 Manner of notification of new residential and postal address 115
113A Procedure after suspension or cancellation of licence in terms of section 34 of the Act 115
114 Manner of application for and issue of driving licence free of endorsements 120
115 Certain drivers of certain vehicles to hold professional driving permit 123
116 Categories of, and authority conveyed by, professional driving permit 124
117 Disqualification from obtaining professional driving permit 124
118 Application for professional driving permit 124
119 Manner of issue of professional driving permit 124
120 Professional driving permit remains in force after application 128
121 Application for duplicate driving licence card on which professional driving permit appears 128
122 Period of validity of professional driving permit, re-application and re-issuing 129
123 Suspension or cancellation of professional driving permit 129
124 Prohibition of permitting or assisting person not being holder of professional driving permit to 129
drive vehicle
125 Referral of application to MEC 129
126 Records to be kept by driving licence testing centre of professional driving permits 130
127 Voidness of professional driving permit issued contrary to regulations 130
128 Manner of application to be approved as suitable person or body of persons to be able to apply 133
for registration of testing station
129 Consideration of suitability of testing station and person or body of persons to operate 133
testing station
130 Manner of application of approved person or body of persons to register testing station 134
131 Requirements to be met for registration of testing station 134
132 Manner of registration of a testing station 135
133 Notification of change of particulars of testing station 135
134 Approval of appointment of examiner of vehicles prior to appointment 136
135 Grades of testing stations 136
136 Manner of suspension or cancellation of registration of a testing station 137
137 Duties of a testing station proprietor 137
137A Duties of a management representative 138
137B Act or omission of management representative, examiner of 138
Vehicles or employee employed by testing station proprietor
137C Transitional provision for registering testing station operating without 138
agreement
137D Fee to defray expenditure incurred by inspectorate of testing stations 138
137E Powers and duties of the inspectorate of testing stations 139
138 Certification of roadworthiness required in certain circumstances 140
139 Manner of application for certification of roadworthiness 141
140 Examination and testing of motor vehicle for roadworthiness 142
141 Manner of certification of roadworthiness 142
142 Certain classes of motor vehicles requiring roadworthy certificate 143
143 Issue of roadworthy certificate 143
144 Voidness of roadworthy certificate 144
145 Period of validity of roadworthy certificate 144
146 Provisions of Act to prevail. 144

INDEX (viii)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
REG DESCRIPTION PAGE
147 Notice in terms of section 3F (a) or section 3I (a) of Act to direct that motor vehicle be taken to 145
testing station (Act 29 of 1989)
148 Notice in terms of section 44 of Act to discontinue operation of motor vehicle 145
149 Brakes on motor vehicles 201
149A Anti-theft device fitted to brakes prohibited 201
150 Brakes on motor cycle or motor tricycle 202
151 Brakes on trailers 202
152 Brakes on pedal cycles 202
153 Brakes on unspecified vehicles 202
154 Specifications for brakes 203
155 Braking performance of service, emergency and parking brakes 203
156 Condition and operation of brakes 205
157 Vehicles to be equipped with certain lamps and times when certain lamps to be lighted 206
158 Visibility distance of lights 206
159 Head lamps 206
160 Main-beam 207
161 Dipped-beam 207
161A Daytime running lamp 208
162 Lights to be displayed on stationary or parked motor vehicle 209
163 Fog lamps 209
164 Parking lamps 210
165 When parking lamps to be kept lighted 210
166 Front-position lamps 210
167 End-outline-marker lamps 211
168 Rear lamps 211
169 Stop lamps 212
170 Number plate lamps 212
171 Side-marker lamps 213
172 Interior lamps 213
173 Lamp illuminating notice on motor vehicle 213
174 Decorating lamps 213
175 Reversing lamps 213
176 Identification lamps 213
177 Use of spot lamp 215
178 Lamps on pedal cycle 215
179 Lamps on animal drawn vehicles 215
180 Lamps on unspecified vehicles 215
181 Colour of lights 216
182 Certain lamps to emit diffused lights 216
183 Lamps to emit steady light 216
184 Manner in which lamps to be fitted and maintained 216
185 Lamps not prescribed or authorised, prohibited 217
186 White retro-reflectors to be fitted on front of certain vehicles 217
187 Red retro-reflectors to be fitted on rear of certain vehicles 217
188 Yellow retro-reflectors to be fitted on sides of certain motor vehicles 218
189 General requirements for retro-reflectors 218
190 Rear retro-reflectors on vehicles with certain bodies 219
191 Warning sign on rear of certain motor vehicles (chevrons) 219
192 Unlawful use of reflector or reflective material 220
192A Side and rear retro-reflective material to be fitted to vehicles (Contour marking) 221
193 Motor vehicle to be equipped with direction indicators 222
194 Direction indicators of flasher type 222
195 Direction indicator of illuminated window-type 223
196 Combination of different types of direction indicators 223
197 Direction indicators on motor vehicles with overall length in excess of 7,6 metres 223
198 General requirements for direction indicators 223
199 Prohibition of use of direction indicator not complying with regulations 224
200 Steering gear 224
201 Warning devices 226
202 Glass of windscreen, window and partitions 226
203 Windscreen wiper 228
204 Driving view to be unobstructed 228
205 Fuel tank, electrical wiring and battery 228
206 Engine of motor vehicle to be covered 229
207 Compulsory wearing of protective helmet 229
208 Manner in which side-car to be attached to motor cycle 229

INDEX (ix)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
REG DESCRIPTION PAGE
209 Exhaust silencers and exhaust pipes 229
210 Entrances and exits 230
211 Motor vehicle to be capable of travelling backwards and forwards 230
212 Tyres 231
213 Seatbelts 232
214 Emergency warning signs (Triangles) 233
215 Speedometers 234
216 Motor vehicles operated on public road to comply with compulsory vehicle specifications 235
217 Wheel flaps 235
218 Rear underrun protection device 235
219 Axle or axle unit to be fitted to semi-trailer 236
220 Certain vehicles exempt from certain provisions of this Part 236
221 Overall length of vehicle 236
222 Restriction on combination of motor vehicles 238
223 Overall width of vehicle 239
224 Overall height of vehicle and load 239
225 Turning radius and wheelbase 239
226 Overhang of vehicle 240
227 Projections in case of vehicle other than motor cycle, motor tricycle or pedal cycle 241
228 Projections in case of motor cycle, motor tricycle or pedal cycle 242
229 Warning in respect of projecting load 242
230 Certain vehicles exempt from provisions of this Part 243
231 Manner in which children to be counted for purposes of regulations 244
232 Mass of person and luggage for determining maximum load for homologation and testing 244
purposes
233 Number of persons that may be carried on motor vehicle in relation to seating capacity 244
234 Permissible maximum axle massload of vehicle 245
235 Permissible maximum axle unit massload of vehicle 245
236 Permissible maximum vehicle mass 245
237 Permissible maximum combination mass 246
238 Load on tyres 246
239 Gross vehicle mass, gross axle massload, gross axle unit massload, gross combination mass, 246
power to mass ratio and axle massload of driving axle to total mass ratio not to be exceeded
240 Massload carrying capacity of road 247
241 Massload carrying capacity of bridges 248
242 Distribution of axle massload and wheel massload on vehicle fitted with pneumatic tyres 248
243 Axle massload of vehicles fitted with tyres other than pneumatic tyres 249
244 Information to be displayed on certain motor vehicles 249
245 Information plates on certain vehicles 249
245A Certain vehicles to display notice of load 251
245B Special needs accessibility 252
246 Manner in which goods to be carried 252
247 Circumstances under which persons may be carried on goods vehicle 253
248 Presumptions 253
249 Certain vehicles exempt from provisions of this Part 254
250 School children and persons not to be conveyed in goods compartment of a motor vehicle for 254
reward
251 Sides and roof 255
252 Entrances, exits and emergency exits of minibuses and buses 255
253 Entrances and exits to be fitted with doors 257
254 Stairs 257
255 Passageways 257
256 Seats 258
257 Goods carried in minibus or bus conveying persons for reward 260
258 Windows and windscreens 260
259 Fuel receptacles, etc 260
260 Fire extinguishers 260
261 Rearview mirrors 261
262 Tilt angle 261
263 Standing persons 261
264 Special provisions relating to school buses 262
264A Destination indicators 262
265 Classes of motor vehicles in respect of which operator to be registered 148
266 Categories of, and authority conveyed by, operator card 148
266A Manner of application and registration as dangerous goods operator 149
267 Manner of registration of operator, issue of operator card and period of validity of operator card 149

INDEX (x)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
REG DESCRIPTION PAGE
268 Application for and issue of duplicate operator card 150
269 Conditions under which temporary operator card issued 150
270 Change of particulars 150
271 Procedure in case of suspension 151
272 Manner in which operator card to be displayed on motor vehicle 151
273 Definitions (Dangerous goods) 160
273A Incorporation of standards 160
274 Application 161
274A Other legislation applicable 161
275 Transportation of dangerous goods prohibited 161
276 Exemptions 161
277 Duties of operator, driver, consignor and consignee 162
278 Dangerous goods to be compatible 162
279 Authority for classification and certification of dangerous goods 162
280 Driver to undergo training 162
281 Documents to be held by driver 163
282 Dangerous goods inspectors 163
283 Powers, duties and functions of dangerous goods inspectorate and dangerous goods 164
inspectors
283A Powers, duties and functions of traffic officers in relation to dangerous goods 165
283B Presumption regarding the transportation of dangerous goods and the quantity of such goods 166
284 Definitions (Road Traffic Signs) 169
285 Purpose, classification and types of road traffic signs 170
286 Dimensions for manufacture of road traffic signs 172
286A Colours for manufacture of road traffic signs 174
287 Manner of display of road signs and road signals 175
287A Manner of display of traffic signal 177
288 Signs regulating parking, stopping and hawkers 180
289 Authority to enter premises contrary to regulatory sign 181
290 Prohibition of advertising on public roads 181
291 Transitional provision 181
292 General speed limits 183
292A Prohibition on speed detectors, jammers and similar devices 183
293 Speed limit for particular class of vehicle 183
294 Speed limit in relation to tyres 184
295 Speed limit in relation to braking capability 184
296 Vehicle to be driven on left side of roadway 263
296A Dedicated public transport vehicle occupancy vehicle lanes 263
297 Driving on divided public road 263
298 Passing of vehicle 264
298A Prohibition on driving on shoulder of public road, except in certain circumstances 265
299 Crossing or entering public road or traffic lane 265
300 Driving signals 265
301 Right of way at certain road junctions 265
302 Procedure when turning 265
303 Towing of vehicles 266
304 Stopping of vehicles 266
305 Parking of vehicles 267
306 Certain vehicles may be stopped and parked at any place where necessary 268
307 Compulsory stops 268
308 General duties of driver or passenger of vehicle on public road 268
308A Prohibition on use of communication device while driving 270
308B Prohibition on use of television receivers and visual display units in motor vehicles 270
309 Duties relating to motor cycle or motor tricycle 270
310 Vehicle causing excessive noise 271
310A Use of hooter 271
311 Riding on pedal cycles 271
312 Device running on rails 272
312A Requirements for level crossing 272
313 Animal on public road 272
314 Animal-drawn vehicles 273
315 Pedestrian’s right of way in pedestrian crossing 273
316 Duties of pedestrians 274
317 Racing and sport on public roads 274
318 Convoys on public road 275
319 Hindering or obstructing traffic on public road 275

INDEX (xi)
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REG DESCRIPTION PAGE
320 Vehicle left or abandoned on public road 275
321 Damage to public roads 277
322 Trading on public roads 277
323 Special provisions relating to freeways 277
324 Left-turn hand signal 279
325 Right-turn hand signal 279
326 Use of direction indicators in lieu of hand signals 279
327 Signal to indicate intention to reduce speed 280
328 Permissible hand signals 280
329 Signals for use by traffic officer for control of traffic 280
330 Towing of vehicles 283
330A Offering and acceptance of goods on overloaded vehicle prohibited 193
330B Consignor to have a method of determining mass 194
330C Goods declaration to be carried on a motor vehicle 194
330D Consignor or Consignee to insure goods to be carried on a motor vehicle and the motor vehicle 194
331 Matters relating to registers and records 283
332 Equipment used in ascertaining concentration of alcohol in breath as contemplated in section 188
65(7) of the Act
332A Presumption regarding calibration or verification certificate for equipment used for road traffic 189
law enforcement purposes
333 Offences and penalties 289
334 Vehicles owned by Department of Defence exempt 292
335 Application for and issue of traffic register number and certificate 292
335A Inspector of licences or traffic officer entitled to free use of certain facilities 293
335B Officer to use prescribed forms 293
336 Proxy and representative 293
337 Prohibition of use of certain lamps or lighting devices 293
337A Duplicate of document or token 294
337B Manner of application for South African Police Service clearance of the motor vehicle 295

337C Storage of microdots information 295

338 Transitional provisions: References to chief executive officer, Shareholders Committee and 295
Corporation
338A Transitional provisions: References to sections of Act not yet in force 296
339 Transitional provisions: Fees 296
340 Transitional provisions: Training centres 296
341 Transitional provisions: Manufacturers of number plates 297
342 Transitional provisions: Professional driving permits 297
343 Transitional provisions: Instructors 297
343A Transitional provisions: Forms 297
343B Transitional provisions: Exemption from laws relating to parking 297
343C Transitional provisions: Validation of things done by local authorities 297
343D Transitional provisions: Category “D” operator card 298
343E Transitional provisions: Driving licences 298
343F Transitional provisions: Category “P” operator card 298
343G Transitional Provision: Weighbridge facility 298
344 Transitional provisions: General 298
345 Repeal of regulations 299
346 Title and commencement 299

INDEX (xii)
LEGISLATION IN ROAD TRANSPORT – NATIONAL ROAD TRAFFIC ACT
 INTRODUCTION

The Study Guide contains:

❑ The National Road Traffic Act, 1996 (Act No 29 of 1996)

❑ The National Road Traffic Amendment Act, 1998
❑ The National Road Traffic Amendment Act, 1999
❑ The National Road Traffic Amendment Act, 2003
❑ The National Road Traffic Amendment Act, 2008

The Regulations used for the Study Guide were published on 17 March 2000 and have been amended
numerous times.

The Act was implemented on 1 August 2000.

DEFINITIONS

❑ Chapter 1 contains the definitions. It is important to read the definitions and to understand them.

❑ The legislator makes definitions when he wants to attach a specific meaning to a word or phrase.

❑ The Act numbers are called sections. (Afrikaans – Artikels)

❑ The Regulation numbers are called regulations. (Afrikaans – Regulasies)

❑ If a section or regulation number is referred to in another section or regulation, it means you have to
read that part as well to understand the full meaning of the clause. (Called cross reference)

❑ The word prescribed means there are regulations made in terms of the section. In this Study Guide,
the regulations for each section are included immediately after the section. Normally, the regulations
are contained in a separate document with its own chapter headings. This explains why the regulation
numbers do not always follow a strict numerical sequence in this study guide.

Regulations give additional detail on the principles in the Act.

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 CHAPTER 1
INTERPRETATION OF THE ACT
DEFINITIONS - ACT

LEARNING OBJECTIVES

Students should understand the importance of definitions. A regulation often starts with the words No
person shall operate a goods vehicle, mini-bus, bus or tractor…

It is necessary to check each definition to determine the exact scope of the legislation. For example, a
truck that is adapted and a diamond drill fitted to the back of the vehicle, is stopped for overloading.
The definition of a goods vehicle has to be scrutinised to determine if a diamond drill can be
prosecuted for overloading.

Definitions are arranged in alphabetical order. These are definitions in the Act as well as in the
regulations. Definitions in the Act are applicable to the Regulations as well.

If a word is not defined, the normal dictionary meaning is applicable. Certain words are defined in
different acts and do not necessarily have the same meaning.

Owner is a good example of a word that means something totally different in the various acts.

Sec 1. Definitions (own numbering)

In this, unless the context otherwise indicates—
(1) “ambulance” means a motor vehicle specially constructed or adapted for the conveyance
of sick or injured persons to or from a place for medical treatment and which is registered as
an ambulance;
(2) “articulated motor vehicle” means a combination of motor vehicles consisting of a truck-
tractor and a semi-trailer;

(3) “authorised officer” means an inspector of licences, an examiner of vehicles, an examiner

for driving licences, a traffic warden or a traffic officer, and also any other person declared by
the Minister by regulation to be an authorised officer;
(4) “breakdown vehicle” means a motor vehicle designed or adapted solely for the purpose of
recovering or salvaging motor vehicles and which is registered as a breakdown vehicle;
(5) “bridge” includes a culvert and a causeway;
(6) “builder” means any person who manufactures or assembles motor vehicles in whole or in
part from used components, or modifies motor vehicles using new or used components;
(7) “bus” means a motor vehicle designed or adapted for the conveyance of more than 16
persons (including the driver, if any);
(8) “by-law” means a by-law issued under the laws of a province;
(9) “certification of roadworthiness”, in relation to a motor vehicle, means certification of
roadworthiness in terms of section 42;
(10) “chief executive officer” means the chief executive officer of the Corporation appointed in
terms of section 15 of the Road Traffic Management Corporation Act, 1999 (Act No. 20 of
1999);
(11) “combination of motor vehicles” means two or more motor vehicles coupled together;

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(12) “Convention” means the International Convention relative to Motor Traffic (Paris, 1926), the
United Nations Convention on Road Traffic (Geneva, 1949), or the United Nations
Convention on Road Traffic (Vienna, 1968);
(13) “Corporation” means the Road Traffic Management Corporation, established by section 3
of the Road Traffic Management Corporation Act, 1999;
(14) “cross”, or any like expression, means to move on a public road in a direction which
intersects the normal course of travel of traffic on such road;
(15) “dangerous goods” means the commodities, substances and goods listed in the standard
specification of the South African Bureau of Standards SABS 0228 “The identification and
classification of dangerous substances and goods”;
(16) “Department” means the Department of Transport;
(17) “department of State” means a department as defined in section 1 (1) of the Public Service
Act, 1994 (Proclamation No. 103 of 1994);
(18) “Director-General” means the Director-General: Transport;
(19) “driver” means any person who drives or attempts to drive any vehicle or who rides or
attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or
flock of animals, and “drive” or any like word has a corresponding meaning;
(20) “driving licence” means a driving licence referred to in Chapter IV;
(21) “driving licence testing centre” means a driving licence testing centre referred to in
Chapter IV;
(22) “edge of the roadway” means the boundary between the roadway and the shoulder, which
is indicated by an appropriate road traffic sign, or in the absence of such sign—
(a) in the case of a road with a bituminous or concrete surface, the edge of such surface;
or
(b) in the case of any other road, the edge of the improved part of the road intended for
vehicular use;
(23) “examiner for driving licences” means an examiner for driving licences appointed and
registered in terms of sections 3A and 3C, respectively;
(24) “examiner of vehicles” means an examiner of vehicles appointed and registered in terms
of sections 3A and 3C, respectively;
(25) “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;
(26) “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;
(27) “goods” means any movable property;
(28) “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;
(29) “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;
(30) “haulage tractor” means a motor vehicle, designed or adapted mainly for drawing other
vehicles, and with a gross combination mass exceeding 24 000 kg, but does not include a
truck-tractor or tractor;
(31) “identity document” means an identity document as defined in section 1 of the Identification
Act, 1986 (Act No. 72 of 1986);
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(32) “importer” means any person who imports new or used motor vehicles into the Republic;
(33) “inspector of licences” means an inspector of licences appointed and registered in terms
of sections 3A and 3C, respectively;
(34) “instructor” means any person who for direct reward—
(a) instructs any other person in the driving of a motor vehicle;
(b) teaches any other person the rules of the road or road traffic signs in order to obtain
a learner’s or a driver’s licence;
(35) “international driving permit” means an international driving permit issued in terms of a
Convention or recognised thereunder;
► Comment: The IDP is issued by the AA of SA
(36) “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;
(37) “learner’s licence” means a learner’s licence referred to in Chapter IV;
(38) “local authority” means a transitional metropolitan substructure, transitional local council or
local government body contemplated in section 1 (1) of the Local Government Transition Act,
1993 (Act No. 209 of 1993);
(39) “manufacturer” means a person who manufactures or assembles new motor vehicles;
(40) “manufacturer of number plates” means a person who, for the purpose of selling number
plates, manufactures number plates;
(41) “MEC” means a member of the Executive Council appointed in terms of section 132 of the
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and who is
responsible for road traffic matters, or any other person authorised by him or her to exercise
any power or perform any duty or function which such MEC is empowered or obliged to
exercise or perform in terms of this Act;
(42) “medical practitioner” means any person registered as such in terms of the Medical, Dental
and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974);
(43) “Minister” means the Minister of Transport, or any other person authorised by him or her to
exercise any power or perform any duty or function which such Minister is empowered or
obliged to exercise or perform in terms of this Act;
(44) “motorcycle” means a motor vehicle which has two wheels and includes any such vehicle
having a side-car attached;
(45) “motor dealer” means any person who is engaged in the business of buying, selling,
exchanging or repairing motor vehicles required to be registered and licensed in terms of this
Act or of building permanent structures onto such vehicles and who complies with the
prescribed conditions;
(46) “motor quadrucycle” means a motor vehicle, other than a tractor, which has four wheels
and which is designed to be driven by the type of controls usually fitted to a motor cycle;
(47) “motor tricycle” means a motor vehicle, other than a motor cycle or a tractor, which has
three wheels and which is designed to be driven by the type of controls usually fitted to a
motor cycle;
(48) “motor vehicle” means any self-propelled vehicle and includes—
(a) a trailer; and
(b) a vehicle having pedals and an engine or an electric motor as an integral part thereof
or attached thereto and which is designed or adapted to be propelled by means of
such pedals, engine or motor, or both such pedals and engine or motor, but does not
include—
(i) any vehicle propelled by electrical power derived from storage batteries and
which is controlled by a pedestrian; or
(ii) any vehicle with a mass not exceeding 230 kilograms and specially designed
and constructed, and not merely adapted, for the use of any person suffering
from some physical defect or disability and used solely by such person;
(49) “number plate” means a prescribed plate on which the licence number of a motor vehicle
or motor trade number is displayed;
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 ► Comment: Used to be referred to as a registration plate.
(50) “operate on a public road” or any like expression, in relation to a vehicle, means to use or
drive a vehicle or to permit a vehicle to be used or driven on a public road, or to have or to
permit a vehicle to be on a public road;
(51) “operator” means the person responsible for the use of a motor vehicle of any class
contemplated in Chapter VI, and who has been registered as the operator of such vehicle;
(52) “owner”, in relation to a vehicle, means—
(a) the person who has the right to the use and enjoyment of a vehicle in terms of the
common law or a contractual agreement with the title holder of such vehicle;
(b) any person referred to in paragraph (a), for any period during which such person has
failed to return that vehicle to the title holder in accordance with the contractual
agreement referred to in paragraph (a); or
(c) a motor dealer who is in possession of a vehicle for the purpose of sale,
and who is licensed as such or obliged to be licensed in accordance with the regulations
made under section 4, and ‘owned’ or any like word has a corresponding meaning;
(53) “park” means to keep a vehicle, whether occupied or not, stationary for a period of time
longer than is reasonably necessary for the actual loading or unloading of persons or goods,
but does not include any such keeping of a vehicle by reason of a cause beyond the control
of the person in charge of such vehicle;
(54) “peace officer” means a traffic officer and also a traffic warden appointed in terms of section
3A;
(55) “pedal cycle” means any bicycle or tricycle designed for propulsion solely by means of
human power;
(56) “prescribe” means prescribe by regulation;
(57) “prescribed territory” means—
(a) the Kingdom of Lesotho, the Kingdom of Swaziland, the Republic of Angola, the
Republic of Botswana, the Republic of Malawi, the Republic of Mozambique, the
Republic of Namibia, the Republic of Zambia and the Republic of Zimbabwe; and
(b) any other state or territory declared by the Minister by notice in the Gazette to be a
prescribed territory;
(58) “professional driver” means the driver of a motor vehicle referred to in section 32;
(59) “professional driving permit” means a professional driving permit referred to in Chapter
IV;
(60) “province” means a province referred to in section 103 of the Constitution of the Republic
of South Africa, 1996;
(61) “public road” means any road, street or thoroughfare or any other place (whether a
thoroughfare or not) which is commonly used by the public or any section thereof or to which
the public or any section thereof has a right of access, and includes—
(a) the verge of any such road, street or thoroughfare;
(b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and
(c) any other work or object forming part of or connected with or belonging to such road,
street or thoroughfare;
(62) “registering authority” means a registering authority appointed as such in accordance with
section 3;
(63) “registration plate” ….. (deleted)
(64) “regulation” means a regulation under this Act;
(65) “repealed ordinance” means an ordinance or any provision of an ordinance repealed by
the Road Traffic Act, 1989 (Act No. 29 of 1989);
(66) “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;

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(67) “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 specific period;
(68) “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. 51 of
1977), and has been appointed as a reserve traffic warden by the chief executive officer or
the MEC, as the case may be, on a temporary basis for a specific period;
(69) “road traffic ordinance” means the Road Traffic Ordinance, 1966 (Ordinance No. 21 of
1966), of the former Transvaal, Natal, the Orange Free State and the Cape of Good Hope,
respectively;
(70) “road traffic sign” means a road traffic sign prescribed under section 56;
(71) “roadway” means that portion of a road, street or thoroughfare improved, constructed or
intended for vehicular traffic which is between the edges of the roadway;
(72) “roadworthy”, in relation to a vehicle, means a vehicle which complies with the relevant
provisions of this Act and is otherwise in a fit condition to be operated on a public road;
(73) “roadworthy certificate”, in relation to a motor vehicle, means a certificate issued in terms
of section 42;
(74) “semi-trailer” means a trailer having no front axle and so designed that at least 15 per cent
of its tare is super-imposed on and borne by a vehicle drawing such trailer;

(75) “Shareholder Committee” means the Shareholders Committee established by section 6 of

the Road Traffic Management Corporation Act, 1999
(76) “shoulder” means that portion of a road, street or thoroughfare between the edge of the
roadway and the kerb line;
(77) “sidewalk” means that portion of a verge intended for the exclusive use of pedestrians;
(78) “South African Bureau of Standards” means the South African Buro of Standards referred
to in section 2 (1) of the Standards Act, 1993 (Act No. 29 of 1993);
(79) “stop” means the bringing to a standstill of a vehicle by the driver thereof;
(80) “tare”, in relation to a motor vehicle, means the mass of such vehicle ready to travel on a
road and includes the mass of—
(a) any spare wheel and of all other accessories and equipment supplied by the
manufacturer as standard for the particular model of motor vehicle concerned;
(b) anything which is a permanent part of the structure of such vehicle;
(c) anything attached to such vehicle so as to form a structural alteration of a permanent
nature; and
(d) the accumulators, if such vehicle is self-propelled by electrical power, but does not
include the mass of—
(i) fuel; and
(ii) anything attached to such vehicle which is not of the nature referred to in
paragraph (b) or (c);
(81) “testing station” means a testing station registered in terms of section 39;
(82) “this Act” includes the regulations;
(83) “title holder”, in relation to a vehicle, means—
(a) the person who has to give permission for the alienation of that vehicle in terms of a
contractual agreement with the owner of such vehicle; or
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (b) the person who has the right to alienate that vehicle in terms of the common law,
and who is registered as such in accordance with the regulations under section 4;

(84) “tractor” means a motor vehicle designed or adapted mainly for drawing other vehicles and
with a gross combination mass not exceeding 24 000 kg, but does not include a truck-tractor;
(85) “traffic officer” means a traffic officer appointed in terms of section 3A, and any member of
the Service, and any member of a municipal police service, both as defined in section 1 of
the South African Police Service Act, 1995 (Act No. 68 of 1995), and for the purposes of
Chapters V, IX and X and sections 74 and 78 of this Act includes a peace officer;
(86) “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. 51 of
1977), and has been appointed as a traffic warden by the chief executive officer, the MEC or
another competent authority to appoint a traffic warden, as the case may be;
(87) “trailer” means a vehicle which is not self-propelled and which is designed or adapted to be
drawn by a motor vehicle, but does not include a side-car attached to a motor cycle;
(88) “Transnet Limited” means the company floated and incorporated in terms of section 2 of
the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);
(89) “truck-tractor” means a motor vehicle designed or adapted—
(a) for drawing other vehicles; and
(b) not to carry any load other than that imposed by a semi-trailer or by ballast,
but does not include a tractor or a haulage tractor;
(90) “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;
(91) “vehicle” means a device designed or adapted mainly to travel on wheels or crawler tracks
and includes such a device which is connected with a draw-bar to a breakdown vehicle and
is used as part of the towing equipment of a breakdown vehicle to support any axle or all the
axles of a motor vehicle which is being salvaged other than such a device which moves solely
on rails; and
(92) “verge” means that portion of a road, street or thoroughfare, including the sidewalk, which
is not the roadway or the shoulder.

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 DEFINITIONS - REGULATIONS

Reg 1. Definitions
In these regulations, an expression that has been defined in the Act has that meaning and, unless
the context indicates otherwise—
(1) "acceptable identification" means—
(a) in the case of a person, a temporary identity certificate, an identity document or identity
card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);
(b) in the case of a person, a valid South African passport issued to a South African citizen;
(c) in the case of a person not permanently resident in the Republic, an identity document
issued by a foreign country or a traffic register number certificate issued in terms of
regulation 335;
(d) in the case of—
(i) a company, a certificate of incorporation or name change issued in terms of the
Companies Act, 1973 (Act No. 61 of 1973); or
(ii) a close corporation, a founding statement or a certificate of name change issued
in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);
(e) in the case of—
(i) a person carrying on a business which, for the purposes of this definition, includes
farming activities; or
(ii) a body of persons not referred to in paragraph (d),
a traffic register number certificate issued in terms of regulation 335;
(f) in the case of a person, a driving licence card issued in terms of regulation 108; or
(g) for the purposes of the identification of a person with an application in terms of regulation
8, 24 or 139 or for the purposes of the identification of a person carrying on a business
and its proxy and representative, an original certified copy of the applicable certificate or
document referred to in paragraph (a), (b), (c), (d) or (e):
Provided that if an application, which is required to be accompanied by acceptable
identification, in terms of the Act is made to a registering authority, driving licence testing centre
or testing station, such application shall also be accompanied by a copy of the applicable
certificate or document referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) for record and
filing purposes: Provided further that the registering authority, driving licence testing centre or
testing station concerned shall return the certificate or document referred to in paragraph (a),
(b), (c), (d), (e), (f) or (g) to the applicant after the identity of the applicant has been verified;

(2) “adaptor dolly” means a semi-trailer with one or more axles, designed or adapted—
(a) to be attached between a truck-tractor or a haulage tractor and semi-trailer; and
(b) not to carry any load other than that imposed by a semi-trailer;

(3) “air suspension” in relation to an axle unit of a motor vehicle means a method of providing
an upward force on an axle in an axle unit which transmits a downward force to the remaining
axle or axles in the axle unit, by pneumatic means;

ANTI-BURST STABILIZER DEVICE

The definition of “vehicle directional stability” replaces the definition of “anti-burst
stabiliser device”. Provision not in force yet [See Regulation 212 (o)]

(4) “appropriate registering authority” means—

(a) subject to the provisions of paragraphs (b), (c) and (d), in relation to any matter referred
to in these regulations—
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (i) in relation to a person, the registering authority in whose area of jurisdiction such
person permanently resides;
(ii) in relation to a person carrying on a business, which for the purposes of these
regulations includes farming activities, the registering authority in whose area of
jurisdiction such business is situated: Provided that every branch of such business
shall be deemed to be a separate business;
(iii) in relation to a body of persons which has a fixed address, the registering authority
in whose area of jurisdiction such address is: Provided that every branch of such
body shall be deemed to be a separate body of persons; or
(iv) in relation to a body of persons which does not have a fixed address, the registering
authority in whose area of jurisdiction the proxy or representative of such body
permanently resides: Provided that every branch of such body shall be deemed to
be a separate body of persons;
(b) in relation to the registration of a motor vehicle—
(i) subject to the provisions of items (ii), (iii), (iv), (v), (vi) and (vii), the
appropriate registering authority of the title holder, and in the case of an
application for a registration certificate as contemplated in regulation 16, the
appropriate registering authority of the title holder or owner, whatever the case may
be;
(ii) if the manufacturer or importer of such motor vehicle has been appointed as an
agent of a registering authority, such manufacturer or importer, until that
manufacturer or importer records on the register of motor vehicles that the motor
vehicle concerned is released for sale;
(iii) of which the title holder is a department of State which has been appointed as a
registering authority, such department of State;
(iv) of which the title holder is a foreign government, diplomat representing a foreign
country, international or intergovernmental organization or any person or class of
persons determined by the Minister of Foreign Affairs, the Department of Foreign
Affairs;
(v) of which the title holder does not permanently reside in the Republic, the
appropriate registering authority of the owner;
(vi) the appropriate registering authority of the owner; or
(vii) the appropriate registering authority of the motor dealer or seller;
(c) in relation to the licensing of a motor vehicle—
(i) subject to the provisions of subparagraphs (ii) and (iii), the appropriate registering
authority of the owner;
(ii) of which the owner is a department of State which has been appointed as a
registering authority, such department of State; or
(iii) of which the owner is a foreign government, diplomat representing a foreign
country, international or intergovernmental organisation or any person or class of
persons as determined by the Minister of Foreign Affairs, the Department of
Foreign Affairs;
(d) in relation to any other matter and in any circumstances not provided for in the foregoing,
the registering authority nominated by the MEC concerned;
(5) “approval mark” means—
(a) the approval mark of the Economic Commission for Europe denoted by the mark ‘E’;
(b) the approval mark of the European Economic Committee denoted by the mark ‘e’; or
(c) any other approval mark referred to in a specification, code of practice or any directive
having standardisation as its aim, and issued by a national institution or organisation
outside the Republic for a purpose similar to that for which a certification mark has been
established;
(6) “approved” means approved by the chief executive officer by notice in the Gazette;
(7) “axle” in relation to a vehicle, means a device or set of devices, whether continuous across the
width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed
that, when the vehicle is travelling straight ahead, the vertical centre-lines of such wheels would

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 be in one vertical plane at right angles to the longitudinal centre-line of such vehicle;

(8)

“axle-massload” the sum of the wheel massload of all wheels on an axle;

(9) “axle unit”, in relation to a vehicle, means—
(a) a set of two or more parallel axles of such vehicle which are so interconnected as to form
a unit; and
(b) for the purpose of the definition of “wheelbase” and Parts III and IV of Chapter VI, in the
case of a trailer, two or more axles, whether interconnected or not, where the distance
between adjacent axles is less than one comma two metres;

TWO-AXLE UNIT THREE-AXLE UNIT

► Comment: In order to form an axle-unit the axles must be intercoupled through the
suspension. Unless intercoupled, they are separated axles, and regarded as such

(10) “block booking” means the reserving of a number of unallocated appointments for a specific
person or body of persons;
(11) "body builder" is a sub-category of builder, and means a person who builds new bodies, or
modifies existing bodies on chassis and chassis-cabs, and who is registered as a builder of
new vehicles or bodies, or imports new buses, midibuses or minibuses complete with bodies
, and is registered as an importer;
(12) “body of persons”, in relation to the title holder or owner of a motor vehicle means, a body of
persons whether a body corporate or not, and includes—
(a) two or more persons who are joint title holders or owners of such motor vehicle, excluding
joint title holders or owners who are husband and wife married in community of property;
and
(b) a department of State;
(13) “bus rapid transport system" means a network of rapid transport lanes and other designated
formal routes as well as related dedicated loading facilities which are designed for the use of
rapid transport buses, rapid transport bus-trains and rapid transport feeder buses or midibuses
which is monitored by a control centre;

(14) “bus-train” means a bus which—

(a) consists of two sections connected to form a unit;
(b) can swivel in a horizontal plane at the connection between such sections;
(c) is designed or adapted solely or principally for the conveyance of the driver and at least
l00 other persons; and
(d) has a continuous passageway over the length thereof;
(15) “caravan” means an enclosed vehicle which is designed or adapted solely to live in [and which
is drawn by another vehicle];
(16) “centre-line of an axle unit” (or any like expression), means a line midway between the
centre-lines of the extreme axles of an axle unit;
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
(17) "certificate of compliance" means a certificate issued by the inspectorate of manufacturers,
builders and importers, to any motor vehicles to complying with the requirements of this Act.
(18) “certification mark” means a certification mark as defined in section 1 of the Standards Act,
1993 (Act No. 29 of 1993);
(19) “certification of roadworthiness” means certification of roadworthiness issued in terms of
regulation 141(2);

(20) “consignee” in relation to goods transported or to be transported by a vehicle means the

person excluding a consignee of dangerous goods in terms of regulation 273, who is named
or otherwise identified as the intended consignee of more than 500 000 kilograms of goods in
a month in the goods declaration for the consignment and who actually receives such goods
after they are transported by road;

(21) “consignor” means a person excluding a consignor of dangerous goods in terms of regulation
273, who is named or otherwise identified as the consignor of goods in the goods declaration
relating to the transportation of more than 500 000 kilograms of goods in a month by road or
engages an operator of a vehicle, either directly or indirectly or through an agent or other
intermediary, to transport the goods by road or has possession of, or control over, the goods
immediately before the goods are transported by road or loads a vehicle with the goods, for
transport by road, at a place where goods are stored in bulk or temporarily held but excludes
a driver of the vehicle, or any person responsible for the normal operation of the vehicle during
loading;

(22) “converter dolly” means a trailer which has one or more axles and, when used in combination
with a semi-trailer, converts the semi-trailer into a trailer;

(23) “convoy of motor vehicles” means six or more motor vehicles which are operated in a group
on a public road;

(24) “date of first registration” means the date on which a motor vehicle is registered in the
Republic in terms of regulation 7(1). In a case of a motor vehicle that was previously registered
in the Republic in terms of any legislation, the date on which the said motor vehicle was first
registered or in any other country;
(25) "date of liability for first licensing” means the date on which liability for the licensing of the
motor vehicle concerned arose for the first time whether in the Republic or in any other country.
In the absence of such a date, the date on which the motor vehicle concerned was registered
for the first time shall be considered to be the date of liability for first licensing.
(26) “daytime running lamp” means a lamp facing forward which is used to make the vehicle
more easily visible in the period between sunrise and sunset;
(27) "dedicated lane" means a portion of the public road reserved during certain period for the
exclusive use of a certain categories of motor vehicles, the use and the categories of vehicles
of which are prescribed by an appropriate sign;

(28) “direction indicator” means a device fitted to a motor vehicle for the purpose of enabling the
driver of such motor vehicle to intimate his or her intention to change the direction of travel of
such motor vehicle to the right or to the left;
(29) “drawing” means drawing a vehicle designed or adapted solely for the purpose of being
drawn, by a motor vehicle that is designed or adapted solely for the purpose of drawing such
vehicle;
(30) “driving licence card” means a driving licence card issued in terms of regulation 108(3);

(31) "driving time" means any period of time that the driver of a motor vehicle contemplated in
the regulations occupies the drivers' seat of such motor vehicle, whilst such motor vehicle is
being operated on a public road or occupies the drivers' seat of such motor vehicle, whilst the
engine is running;

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
(32) “emergency brake” means a brake, other than a service brake, which can stop a vehicle;
(33) “emergency exit" means any doorway, emergency window, escape hatch or other opening
designed or constructed solely to be used as an exit in an event of an emergency;
(34) “emergency vehicle” means a fire-fighting vehicle, rescue vehicle, ambulance, a vehicle
driven by a traffic officer in the execution of his or her duties, a vehicle driven by a member of
the South African Police Service or a member of a municipal police service, both as defined in
the South African Police Service Act, 1995 (Act No. 68 of 1995), in the execution of his or her
duties, and a vehicle driven by a person responding to a disaster as contemplated in the
Disaster Management Act, 2002 (Act No. 57 of 2002);
(35) "emergency window" means a window capable of being opened from inside and outside,
and which is not necessarily glazed, and intended to be used as an emergency exit in an event
of an accident;
(36) "escape hatch" means an opening in the roof or on the floor intended to be used as an
emergency exit;
(37) “external road traffic register user” means a person who carries on a business and who
has been registered in terms of regulation 64B;
(38) “front end”, in relation to—
(a) a vehicle, other than a semi-trailer, means that part of the vehicle which projects furthest
forward; or
(b) a semi-trailer, means a line running parallel with the centre-line of the king-pin and
connecting the sides of the semi-trailer at the widest and furthest point in front of the
king-pin;
(39) “front overhang”, in relation to a vehicle means that portion of the vehicle, excluding any
drawbar or coupling, which projects in front of the centre-line of the front axle or the foremost
axle of the front axle unit or, if such vehicle has only one axle, which projects in front of the
centre-line of that axle, or in the case of a semi-trailer, which projects in front of the centre-line
of the kingpin: Provided that any portion of a semi-trailer which projects in front of its front end
or anything attached to a semi-trailer in front of its front end and which is within an area formed
by drawing, with the king-pin as centre, an arc connecting the extreme points of the front end
of the semi-trailer, shall not be deemed to be part of the front overhang of such semi-trailer;
(40) “goods vehicle” means a motor vehicle, other than a motor cycle, motor tricycle, motor car,
mini-bus or bus, designed or adapted for the conveyance of goods on a public road and
includes a truck-tractor, haulage tractor, adaptor dolly, converter dolly and breakdown vehicle;
(41) “gross axle massload”, in relation to a motor vehicle, means the maximum massload of a
particular axle of such vehicle as specified by the manufacturer thereof or, in the absence of
such specification, as determined by the registering authority;
(42) “gross axle unit massload”, in relation to a motor vehicle, means a maximum massload of a
particular axle unit of such vehicle as specified by the manufacturer thereof or, in the absence
of such specification, as determined by the registering authority;
(43) “interconnected” means, for the purpose of the definition of “axle unit”, the design is such
that an upward force on one axle in an axle unit transmits a downward force to the remaining
axle or axles in the axle unit;
(44) “intersection” means the area embraced within the prolongation of the lateral boundary lines
of two or more public roads, open to vehicular traffic, that join one another at any angle,
whether or not one such public road crosses the other;
(45) “junction” means that portion of an intersection contained within the prolongation of the lateral
limits of the intersecting roadways and include any portion of the roadway between such lateral
limits, and any stop or yield line marking which is painted at such intersection;
(46) "knock-out window or panel" means a window or panel capable of being knocked out in
cases of an emergency and complies with the requirements of regulation 252;
(47) “licence disc” means a disc issued in terms of regulation 25;

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
(48) “licence number” means a number as referred to in regulation 27(3);
(49) “longitudinal centre-line” in relation to a vehicle, means a line midway between the centre-
lines of the extreme outer wheels fitted to the axles of such vehicle;

► Comment: The above sketches illustrate the longitudinal centre-line of a vehicle

(50) "microdot" means a micro-particle with a diameter smaller than 1.8 mm, which bears a unique
optically readable microdot identifier of which the content and structure complies with SANS
534-1; and is legible with equipment that magnifies the text 60 times;
(51) "midibus" means a sub-category of a bus, designed or modified solely or principally for the
conveyance of more than 16 and not more than 35 persons (including the driver);
(52) “minibus” means a motor vehicle designed or adapted solely or principally for the conveyance
of more than nine, but not more than 16 persons, including the driver;

(53) "modify" means-

(a) fitting a bus body or goods body to any chassis;
(b) altering the number of passenger seats on a motor vehicle or altering the dimension of a
motor vehicle;
(c) altering the wheelbase of a motor vehicle, unless the motor vehicle is designed to enable
the wheelbase to be altered;
(d) altering the axle or axle-unit position or number of axles;
(e) altering a motor vehicle in such a manner that the tare of such motor vehicle changes;
(54) “motor car” means a motor vehicle, other than a motor cycle, motor tricycle or motor
quadrucycle designed or adapted solely or principally for the conveyance of not more than nine
persons, including the driver;
(55) "motor home” means an enclosed motor vehicle which is designed or adapted solely to live
in and which is self-propelled; and
(56) “motor trade number” means a motor trade number contemplated in regulation 69;
(57) “motor trade number licence disc” means the disc issued in terms of regulation 76;
(58) “motor trade number registration certificate” means the certificate referred to in regulation
72;
(59) “motor transport contractor” means a person who carries on a business of delivering motor
vehicles of which he or she is not the owner;
(60) “motor vehicle licence” means a licence referred to in regulation 25;
(61) “National Traffic Information System” means the computerised National Traffic Information
System that is used as a register that supports the National Road Traffic Act, 1996 (Act No. 93
of 1996) and Regulations also known as the NaTIS and include but is not limited to the
∙ register of authorised officers,
∙ register of motor vehicles,
∙ register of manufacturers, builders and importers,
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 ∙ register of motor trade numbers,
∙ register of temporary and special permits,
∙ register of external road traffic register users,
∙ register of instructors,
∙ register of driving licence testing centres,
∙ register of driving licences,
∙ register of driving licence appointments,
∙ register of driving schools,
∙ register of professional driving permits,
∙ register of testing stations,
∙ register of operators,
∙ register of contraventions,
∙ register of accidents
∙ register of parking exemptions and
∙ register of traffic register numbers.

(62) “NaTIS officer”' means a person who has been registered in terms of regulation 1D;

(63) "NLTTA" means the National Land Transport Transition Act, 2000 (Act No. 22 of 2000;" as
it relates to public transport with specific reference to "minibus taxi type services" as defined;
and

(64) “occupational health practitioner” means an occupational health practitioner as defined in

the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), who has successfully
completed a health assessment course and was duly accredited to perform the functions of an
occupational health practitioner;

(65) "operating licence" means an operating licence issued in terms of the NLTTA;
(66) “overall length”, in relation to a vehicle, means the distance between the front end and the
rear end of the vehicle and, in relation to a combination of vehicles, the distance between the
front end of the leading vehicle and the rear end of the rearmost vehicle;

(67) “overall height” in relation to a vehicle, means the distance measured from ground level to
the highest part of—
(a) any part of such vehicle; or
(b) any load thereon,
whichever part is the highest but, in the case of a vehicle driven by electrical power, the overall
height should not include any overhead electrical contacting gear or catwalk protruding above

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 such vehicle;

(68) “overall width” in relation to a vehicle, means the width measured between two planes
parallel to the longitudinal centre-line of the vehicle and passing through the extreme projecting
points on either side of such vehicle, excluding any side mirror or direction indicator or 30
millimetres on either side in respect of the fitment or air deflectors, reflectors or dangerous
goods placards;

(69) “overrun brake”, in relation to a trailer means a braking system actuated by a device fitted to
the drawbar of the trailer when a force is exerted on such device by reason of the inertia of the
trailer;
(70) “parking brake” means a brake, normally a hand brake, used in the ordinary course of events
to keep a vehicle stationary;
(71) “pedestrian crossing” means—
(a) any portion of a public road designated as a pedestrian crossing by an appropriate road
traffic sign; or
(b) that portion of a public road at an intersection included within the prolongation or
connection of the kerb line and adjacent boundary line of such road, when no pedestrian
crossing has been designated by appropriate road traffic sign;
(72) “permanently demolished” means that the chassis of a motor vehicle has been-
(a) compacted;
(b) compressed;
(c) melted;

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (d) destroyed; or
(e) damaged;
to such an extent that the motor vehicle concerned cannot be made roadworthy and the
chassis cannot be used to build a motor vehicle;
(73) “personalised licence number” means a licence number which shall be issued upon
application under regulation 28(3);
(74) "public transport vehicle" means a motor vehicle conveying persons for reward and
operating in terms of an operating licence issued in accordance with the provision of the
NLTTA; and
(75) “rapid transport bus or rapid transport bus-train" means a bus authorised to operate along
a rapid transport lane in a bus rapid transport system, and which has a regulated floor height
and door configuration designed to facilitate speedy access of passengers to and from
dedicated loading facilities, and includes the following subcategories;

(76) "rapid transport complementary bus or rapid transport complementary bus-train"

means a bus designed to operate on a public road that is designated as a formal route in a
bus rapid transport system and on a rapid transport lane;
(77) “rapid transport feeder bus or midibus" means a bus or midibus that is contracted by a bus
rapid transport system authority to predominantly feed and distribute passengers to or from
stations in a bus rapid transport system and which is first registered after 1 January 2010;
(78) "rapid transport lane" means a lane designed for the use of a rapid transport bus and rapid
transport bus-train and which is a component of a bus rapid transport system;

(79) "rapid transport trunk bus or rapid transport trunk bus-train" means a bus designed to
operate predominantly on a rapid transport lane which is a component of a bus rapid transport
system and in the case of a rapid transport trunk bus-train can comprise up to three units;
(80) “rear end”, in relation to a vehicle, means that part of the vehicle which projects furthest to
the rear;
(81) “rear underrun protection device” means the structure that is designed to prevent a vehicle
from riding under the motor vehicle to which the structure is fitted;
(82) “rear overhang”, in relation to a vehicle, means that portion of the vehicle which projects to
the rear of the centre-line of the rear axle or the rearmost axle of the rear axle unit or, if such
vehicle has only one axle, which projects to the rear of the centre-line of that axle;
(83) “reasonably level”, in relation to a road, means a road which does not exceed a plus or minus
one per cent grade;
(84) “registration certificate” means a certificate issued to the title holder of a motor vehicle in
terms of regulation 13(2A)(c), or a certificate issued to a title holder or owner of a motor vehicle
in terms of regulation 16; and
(85) “reserve booking” means to allocate the first available booking to an applicant for a learner’s
or driving licence by a driving licence testing centre;

(86) "resting period" means the period of time that the driver of a motor vehicle contemplated in
the regulations is required to rest or taking time off driving, after exceeding the prescribed driving
time, within the prescribed maximum driving time in a period of 24 hours;

(87) “retro-reflector” means a reflector which complies with the standard specification SABS 513
“Retro-reflectors (reflex reflectors)”, and which bears a certification mark or an approval mark,
but where a reflector is incorporated in a cluster of lamps, the certification or approval mark
can be on the cluster instead of the reflector;
(88) “safety glass” means transparent glass or other transparent material so constructed or
treated that, when fractured, the possibility of large flying fragments or sharp splinters is
minimised;
(89) “school bus” means a mini-bus or bus, owned by or contracted to, or on behalf of, a school,
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 and used principally for the conveyance of school children and other persons associated with
such school;

(90) “service brake” means a brake, normally a footbrake, used in the ordinary course of events to
reduce the speed of a vehicle or to stop the vehicle, and which consists of—
(a) a single braking system which brakes the front and rear wheels of the vehicle
simultaneously, or in the case of—
(i) a semi-trailer, brakes the wheels thereof simultaneously;
(ii) a trailer, which according to the registration certificate thereof was registered for
the first time before 1 January 1986 and which is not a semi-trailer, brakes the front
or rear wheels or all wheels thereof simultaneously; or
(iii) a tractor or haulage tractor, brakes the wheels of the rear axle or rear axle unit of
the tractor or haulage tractor simultaneously; or

(b) two braking systems which—

(i) jointly brake the front and rear wheels of the vehicle simultaneously; and
(ii) independently brake at least two wheels of the vehicle simultaneously;

(91) “special permit” means a permit referred to in regulation 84(1)(b);

(92) "speed detectors or jammers" means any device used for detecting the use, or
preventing the effective use, of a speed measuring device;
(93) "speed governor" means any device fitted into a motor vehicle that electronically controls or
limit the traveling speed of a motor vehicle;
(94) “steering axle” means an axle, the wheels of which are attached in such a manner that it
enables the vehicle concerned to be steered thereby, but excludes—
(a) any axle of a semitrailer or trailer;
(b) the rear axle or axles of any motor vehicle; and
(c) any axle of a motor vehicle which is steered by movement of the front portion of the
vehicle relative to the rear portion of the vehicle, or which is steered by movement of its
articulated frame,
and the phrase “steering axle unit” has the same meaning subject to due alteration where
necessary;
(95) “stop lamp” means a device fitted to a vehicle for the purpose of signalling, by means of a
light, the intention of the driver of such vehicle to stop or reduce the speed of such vehicle;
(96) “temporary permit” means a permit referred to in regulation 84(1)(a).
(97) “the Act” means the National Road Traffic Act, 1996 (Act No. 93 of 1996);
(98) “towing” means towing a vehicle that is not designed or adapted for the purpose of being
drawn;
(99) “traffic island” means a physical island that serves as a channelizing device within a junction
or on a public road;
(100) “traffic lane” means a longitudinal division of a public road of sufficient width to accommodate
the passage of a single line of vehicles;
(101) “traffic register number” means a number allocated in terms of regulation 335(2);
(102) “traffic register number certificate” means a certificate issued in terms of regulation 335(2);
(103) “traffic signal” means a road traffic sign which, by means of automatic light signals,
alternately directs traffic to stop and permits it to proceed;
(104) “training centre” means an approved training centre as contemplated in section 3L of the
Act;
(105) “turning radius”, in relation to a vehicle, means the radius of the circle described by the outer
steered wheel of a vehicle when such wheel is deflected as far as possible from the straight,
either to the left or to the right, and, where the radii so obtained are not the same, the larger of
the two shall be taken as the turning radius of the vehicle, the radius being measured to the

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 outer edge of the track described by such outer steered wheel;
(106) "vehicle directional stability control device" means a device, or system fitted to a motor
vehicle for the purposes of minimizing the risk of the driver losing control of the motor vehicle
in the event of tyre failure or sudden loss of tyre pressure;

(107) “vintage motor vehicle” means a motor vehicle manufactured before 1965;

(108) "weighbridge facility" means a facility with a mass measuring apparatus and registered in
terms of regulation 66B to determine the tare of a motor vehicle;

(109) “weighbridge operator” means a person registered in terms of this Act and is authorised to
operate a mass measuring apparatus;

(110) “wheelbase”—
(a) in relation to a semi-trailer, means the distance measured at ground level, between
parallel planes at right-angles to the longitudinal centre-line of the vehicle passing
through the centre-line of its king-pin and the centre-line of its axle or axle unit, as the
case may be;
(b) in relation to a trailer with only one axle or one axle unit, other than a semi-trailer, means
the distance, measured at ground level, between parallel planes at right angles to the
longitudinal centre-line of the vehicle passing through the centre-line of the coupling pin
or knuckle and the centre-line of such axle or axle unit as the case may be; and
(c) in relation to any other vehicle, means the distance measured at ground level between
parallel planes at right-angles to the longitudinal centre-line of the vehicle passing
through the centre-line of the front axle or front axle unit and the centre-line of the rear
axle or rear axle unit, as the case may be; and

► Comments: The above sketch illustrates how the wheelbase of a semi-trailer is

determined

► Comment: The above sketch illustrates how the wheelbase of a trailer is determined

(111) “wheel massload”, in relation to any wheel of a vehicle, means the total mass supported by
the contact area between the tyre of such wheel and the road surface.

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 ► Comment: The above sketch illustrates how the wheelbase of a bus-train is determined

Purpose

At the end of this chapter:

1. Students should have a general idea of the words and phrases that are defined.
2. Students should be able to compare definitions and be able to describe the differences, if any.
3. Students must remember to refer back to definitions even if it is not specifically asked in the
questions.

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 CHAPTER II
APPLICATION OF ACT AND MINIMUM REQUIREMENTS

Matters relating to registering authorities

Sec 2. Application of Act

This Act shall apply throughout the Republic: Provided that any provision thereof shall only apply to
those areas of the Republic in respect of which the Road Traffic Act, 1989 (Act No. 29 of 1989), did
not apply before its repeal by section 93, as from a date fixed by the Minister by notice in the Gazette.

► Comment: Section 2 addresses the application of the Act. The National Act is applicable
countrywide. This is contrary to the provincial Acts which are only applicable in the province for
which they are promulgated.
Sec 3 to 3L deal with the appointment of traffic officers, their duties, etc. and are not applicable to
course. It is however important legislation and is part of the NRTA.

Sec 3. Appointment of registering authorities

(1) For the purposes of this Act, the Shareholders Committee shall, in consultation with the
relevant MEC and by notice in the Gazette, appoint a registering authority for the area and
on the conditions it determines from time to time.
(2) The Shareholders Committee, in consultation with the relevant MEC, may combine the
area of any registering authority or any portion thereof with the area of another registering
authority, may divide the area of a registering authority into areas for two or more
registering authorities, and may appoint a registering authority for a new area.
(3) Where, from or after a specific date, a registering authority, in this subsection referred to
as a new registering authority, becomes the registering authority for an area previously
under the jurisdiction of another registering authority, including a registering authority
appointed under a repealed law or ordinance, any reference in this Act or a repealed law
or ordinance to such other registering authority shall, from or after such date, be construed
as a reference to such new registering authority.
(4) The powers and duties conferred or imposed upon a registering authority by or in terms
of this Act shall be exercised or performed on behalf of that registering authority by the
persons authorised thereto by the registering authority.
(5) If the Shareholders Committee decides that circumstances warrant such a step, the chief
executive officer may execute the functions, or appoint an agent to execute the functions,
of a registering authority whose service delivery, collection of payment or management
fall short of the standards set in respect of business groups by the Road Traffic
Management Corporation Act, 1999.

Sec 3A. Appointment of officers

(1) For the purposes of this Act—
(a) the chief executive officer may, upon such conditions as he or she may determine,
appoint as many persons as—
(i) inspectors of licences;
(ii) examiners of vehicles;
(iii) examiners for driving licences;
(iv) traffic officers; and
(v) traffic wardens,
as he or she may deem expedient;
(b) an MEC may, upon the conditions set by the chief executive officer, appoint for the
province concerned as many persons as—
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (i) inspectors of licences;
(ii) examiners of vehicles;
(iii) examiners for driving licences;
(iv) traffic officers; and
(v) traffic wardens,
as he or she may deem expedient;
(c) a local authority which is a registering authority may, upon the conditions set by the chief
executive officer, appoint for its area as many persons as—
(i) inspectors of licences;
(ii) examiners of vehicles; and
(iii) examiners for driving licences,
as it may deem expedient;
(d) any local authority or two or more local authorities may jointly appoint for its area or for
their areas jointly, as the case may be, upon the conditions set by the chief executive
officer, as many persons as traffic officers or reserve traffic officers as may be
reasonably necessary, and such officers shall function within such area or areas;
(e) any local authority may appoint persons as traffic wardens or as reserve traffic wardens
to exercise or perform within its area such powers and duties of a traffic officer as the
MEC may determine: Provided that the MEC may—
(i) make different determinations in respect of different categories of traffic wardens;
and
(ii) either generally or specifically, impose conditions with regard to the exercise or
performance of such powers and duties; and
(f) any person or institution determined by the chief executive officer by notice in the
Gazette, may, on the conditions and for the areas determined in the notice, appoint any
person as an examiner of vehicles or as an examiner for driving licences.
(2) Notwithstanding anything to the contrary contained in this Act or any other law, the chief
executive officer may, in consultation with the MEC or local authority concerned, as the case
may be, determine that some or all traffic officers and reserve traffic officers appointed by
such MEC or local authority, may function within an area or areas determined by the chief
executive officer.
(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.
(b) 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 such further period
as the MEC may approve.
(c) It must be a condition of appointment that the person appointed on probation must during
such probation period comply with the competency and registration requirements
prescribed for the specific category of appointment.
(d) A person appointed under paragraph (b) may not use an authorised officer’s
infrastructure number to certify a vehicle tested by such person; and
(4) Any person appointed under subsection (1) as an authorised officer, shall upon his or her
appointment be issued with a certificate of appointment by the chief executive officer, MEC
concerned, local authority, person or institution appointing him or her, as the case may be.
(5) An authorised officer shall not exercise any power or perform any duty unless he or she is
in possession of his or her certificate of appointment.
(6) An authorised officer shall produce his or her certificate of appointment at the request of any
person having a material interest in the matter concerned.

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 (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.

APPOINTMENT OF TRAFFIC OFFICERS BY THE CHIEF EXECUTIVE OFFICER OF THE ROAD TRAFFIC
MANAGEMENT CORPORATION
[Published in Government Gazette 34316, GNR.310 of 25 May 2011]

APPOINTMENT OF TRAFFIC OFFICERS BY THE CHIEF EXECUTIVE OFFICER OF THE ROAD TRAFFIC
MANAGEMENT CORPORATION.
I Sibusiso Joel Ndebele, Minister of Transport, hereby give Notice, in terms of Section 93A of National Road Traffic Act, 1996
(Act No. 93 of 1996), that the functionary prescribed in section 3A (1) (a) of Act, 1996 (Act No. 93 of 1996), for the appointment
of traffic officers to serve under the National Traffic Law Enforcement Unit, shall be regulated from the date of publication of
this Notice, in accordance with provisions of that section.

Sec 3B. Application for registration as inspector of licences, examiner of vehicles, examiner
for driving licences or traffic officer
(1) Any person desiring to be registered as—
(a) an inspector of licences;
(b) an examiner of vehicles;
(c) an examiner for driving licences; or
(d) a traffic officer,
shall apply in the prescribed manner to the chief executive officer.
(2) An application referred to in subsection (1) shall be accompanied by the prescribed fees.

Sec 3C. Registration and grading of officers

(1) The chief executive officer shall, if satisfied that a person referred to in section 3B
complies with the prescribed competency and registration requirements in respect of the
specific application category, register such person in the prescribed manner: Provided
that the chief executive officer shall grade an examiner of vehicles or an examiner for
driving licence according to his or her qualifications in the prescribed manner.
(2) No person shall be registered or remain registered in terms of subsection (1) as—
(a) an examiner of vehicles if he or she has or acquires a direct or indirect financial
interest in the manufacturing, selling, rebuilding, repairing or modifying of motor
vehicles; or
(b) an inspector of licences, an examiner for driving licences or a traffic officer if he or
she, or through his or her spouse or partner has or acquires a direct or indirect
financial or other related interest in any driving school or in the training or instruction
of or supervision of learner drivers:
Provided that the chief executive officer may register a person in terms of subsection (1
notwithstanding the provisions of this subsection.
(3) Any act by a person in the execution of his or her powers or in the performance of his or
her duties whilst he or she was incompetent by reason of the provisions of subsection (2),
shall not be invalid for such reason only.
(4) Any person registered as a traffic officer for a province in terms of subsection (1), shall be
deemed to be registered for any other province.

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Sec 3D. Minimum requirements for registration as inspector of licences, examiner of
vehicles, examiner for driving licences and traffic officer
(1) The minimum requirements for registration as an inspector of licences, an examiner of
vehicles, an examiner for driving licences or a traffic officer, as the case may be, shall be
that the applicant—
(a) has obtained an appropriate diploma at a training centre approved by the Shareholders
Committee;
(b) is a fit and proper person to be registered as such; and
(c) in the case of a traffic officer, has undergone training in relation to the laws applicable
to the transportation of dangerous goods:
Provided that a person appointed before—
(i) 1 January 1992 in terms of a repealed ordinance or section 3 (1) of the Road Traffic
Act, 1989 (Act No. 29 of 1989); or
(ii) the commencement of this Act in terms of any road traffic law contemplated in item
2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act
No. 108 of 1996), as an inspector of licences, an examiner of vehicles, an examiner
for driving licences or a traffic officer, as the case may be, shall be deemed to have
complied with the provisions of this subsection.
(2) The diploma referred to in subsection (1) (a) shall—
(a) in the case of an examiner of vehicles, indicate the classes of motor vehicles he or
she is qualified to inspect, examine and test; or
(b) in the case of an examiner for driving licences, indicate the codes of learner’s licences
and driving licences for which a person may be examined and tested by such
examiner.
(3) The chief executive officer shall grade an examiner of vehicles or an examiner for driving
licences as prescribed.

Sec 3E. Suspension and cancellation of registration of officer

(1) The inspectorate of driving licence testing centres or the inspectorate of testing stations,
respectively, may for the period that it deems fit and in the manner prescribed, suspend
or cancel the registration of an examiner for driving licences, or an examiner of vehicles,
if—
(a) in the opinion of the inspectorate such person is guilty of misconduct in the exercise
of his or her powers or the performance of his or her duties;
(b) such person stopped functioning as an officer for a period of 12 successive months;
(c) such person has not attended an appropriate refresher course within the prescribed
time at a training centre approved by the Shareholders Committee; or
(d) in the opinion of the inspectorate concerned, the performance record of such person
indicates that he or she is incompetent to exercise or perform the powers or duties of
an officer of the category in which he or she is registered.
(2) The chief executive officer may for the period that he or she deems fit and in the manner
prescribed, suspend or cancel the registration of a traffic officer or inspector of licences
if any of the circumstances referred to in subsection (1) (a) to (d) exist.
(3) The registration of a person referred to in subsection (1) or (2) may only be suspended
or cancelled after such person has had the opportunity to make representations in writing
and to show cause, within the period determined by the chief executive officer, which
period shall not be less than 21 days, why the registration should not be suspended or
cancelled.
(4) Any person adversely affected by the decision of the inspectorate referred to in
subsection (1) or the chief executive officer referred to in subsection (2) may, within 21
days after he or she became aware of the decision, request the inspectorate or chief
executive officer, as the case may be, to give reasons in writing for its, his or her decision.

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 (5) If the registration of a person is suspended or cancelled in terms of this section, that
person shall forthwith return his or her registration document to the chief executive
officer, who shall keep such document for the period of suspension, or cancel such
document, as the case may be.

Sec 3F. Powers and duties of inspector of licences

In addition to the powers and duties conferred upon him or her or under this Act, an inspector
of licences may, subject to the provisions of this Act or any other law—
(a) by notice in writing as prescribed, direct the owner, operator, driver or person in charge
of any vehicle, wherever found, which in his or her opinion does not comply with the
requirements for roadworthiness certification provided for in this Act or in any other law,
to produce such vehicle for inspection, examination or testing to an appropriately graded
testing station for such class of vehicle at a time and place specified in such notice;
(b) in respect of any motor vehicle, demand from the title holder, owner, operator or driver
thereof the production of any document which such person is required to have in respect
of that motor vehicle in terms of this Act or any other law, or any like document issued
by a competent authority outside the Republic;
(c) require from any instructor—
(i) where such instructor is engaged in teaching or instructing another person in the
driving of a motor vehicle, forthwith; or
(ii) where such instructor is not so engaged, within seven days,
to produce evidence of his or her registration;
(d) examine any motor vehicle in order to satisfy himself or herself that it is the motor vehicle
in respect of which a document referred to in paragraph (b) was issued;
(e) impound any document referred to in paragraph (b) which appears to be or which the
officer suspects to be invalid or which has been or appears to have been unlawfully
altered or defaced or which is being put to unlawful use, and where any document is so
impounded, the inspector shall issue a receipt in respect thereof to the person
concerned;
(f) require the owner, operator or driver or person in charge of any vehicle forthwith to
furnish his or her name and address, and give any other particulars required as to his or
her identification, and where applicable, immediately to produce a professional driving
permit;
(g) demand from any person immediately to produce a licence or any other prescribed
authorisation authorising him or her to drive a motor vehicle, and to produce any other
document which he or she is required to have in respect of any motor vehicle in terms
of this Act or any other law;
(h) impound any licence or document produced to him or her in terms of paragraph (g)
which in his or her opinion may afford evidence of a contravention or evasion of any
provision of this Act or any other law, and where any licence or document is so
impounded, the inspector shall issue a receipt in respect thereof to the person
concerned;
(i) require any person, whether or not this person is in a vehicle, to furnish his or her name
and address and to give other particulars required as to his or her identification, as well
as such information as is within his or her power to furnish and which may lead to the
identification of the owner, operator or driver of the vehicle concerned;
(j) require any person to furnish him or her with any information as is within the power of
such person to furnish and which may lead to the identification of the driver, owner,
operator or person in charge of a vehicle at any time or during any period; or
(k) at any reasonable time, having regard to the circumstances of the case, without prior
notice, and in the exercise of any power or the performance of any duty which he or she
is in terms of this Act or any other law authorised or required to exercise or perform,
enter any premises on which he or she has reason to believe that any vehicle is kept.

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Sec 3G. Powers and duties of examiner of vehicles
(1) An examiner of vehicles may inspect, examine or test any vehicle in order to determine
whether it is roadworthy and for that purpose may dismantle the vehicle or any part
thereof or its equipment or accessories: Provided that the examiner shall reassemble
any vehicle so dismantled, or shall cause any vehicle so dismantled to be reassembled,
to the same condition in which it was before it was dismantled unless the person in
charge of the vehicle requests him or her not to do so.
(2) An examiner of vehicles may drive any vehicle when necessary in the performance of his
or her duties, if, in the case of a motor vehicle, he or she is licensed to drive a motor
vehicle of the class concerned.

Sec 3H. Powers and duties of examiner for driving licences

(1) An examiner for driving licences shall test any applicant for a learner’s or driving licence
in the manner and in regard to the matters as prescribed, in order to determine whether
the applicant is fit and competent to obtain a learner’s or driving licence for the class of
vehicle for which he or she applies.
(2) No examiner for driving licences shall test an applicant for a driving licence in terms of
this Act unless the examiner himself or herself is licensed to drive a vehicle of the class
for which the applicant applies to obtain a driving licence or of the class prescribed.

Sec 3I. Powers and duties of traffic officer

In addition to the powers and duties conferred upon him or her or under this Act, a traffic officer
may, subject to the provisions of this Act or any other law—
(a) exercise or perform any of the powers or duties conferred upon an inspector of licences
under section 3F;
(b) when in uniform, require the driver of any vehicle to stop such vehicle;
(c) inspect and test or cause to be inspected and tested by a person whom he or she
considers competent to do so, any part and the functioning of any vehicle, and the
equipment thereof, with a view to ascertaining whether the vehicle concerned or the
functioning thereof and the equipment comply with the provisions of this Act: Provided
that no officer or person instructed by the officer to inspect or test such vehicle shall, in
the exercise of the power hereby conferred upon him or her, dismantle the mechanism
or any working parts of any motor vehicle unless he or she is also a qualified motor
mechanic or has passed an examination for examiners of vehicles as prescribed, and if
he or she has so dismantled the vehicle, he or she shall reassemble the dismantled
mechanism or parts to the same condition in which it was before it was dismantled
unless he or she is requested by the person in charge of the vehicle not to do so;
(d) ascertain the dimensions of, the load on, or the mass, axle mass load or axle unit mass
load of, any vehicle, or the mass of any combination of vehicles, loaded or unloaded,
and if necessary for the purpose of ascertaining such mass, require any vehicle or
combination of vehicles to proceed to a mass-meter or mass-measuring device, and if
the mass of any vehicle or combination of vehicles exceeds the mass allowed in terms
of this Act, prohibit the operation of the vehicle or combination of vehicles on a public
road until the mass has been reduced or adjusted to comply with this Act: Provided that
where the load on a vehicle includes any hazardous substance as contemplated in the
Hazardous Substances Act, 1973 (Act No. 15 of 1973), the reduction and handling of
the mass shall be undertaken in terms of that Act;
(e) drive any vehicle where necessary in the performance of his or her duties if, in the case
of a motor vehicle, he or she is licensed to drive a motor vehicle of the class concerned;
(f) if a person, being the driver or the person apparently in charge of a motor vehicle,
appears, by reason of his or her physical or mental condition, howsoever arising, to be
incapable for the time being of driving or being in charge of that vehicle, temporarily
forbid the person to continue to drive or be in charge of that vehicle and make the
arrangements for the safe disposal or placing of the vehicle as in his or her opinion may
be necessary or desirable in the circumstances;

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 (g) regulate and control traffic upon any public road, and give such directions as may, in his
or her opinion, be necessary for the safe and efficient regulation of the traffic, which may
include the closing of any public road, and, where he or she is of the opinion that the
driver of a motor vehicle is hampering or impeding the normal flow of traffic on a public
road, direct the driver to remove the vehicle from such road and to follow another route
with the vehicle;
(h) require any person to furnish his or her name and address and other particulars which
are required for his or her identification or for any process if the officer reasonably
suspects this person of having committed an offence in terms of this Act or any other
law or, if in the opinion of the officer, he or she is able to give evidence in regard to the
commission of any such offence;
(i) in respect of any motor vehicle, demand from the owner, operator or driver thereof to
produce any document prescribed in terms of this Act;
(j) impound any document referred to in paragraph (i) produced to him or her and which in
his or her opinion may afford evidence of a contravention of or failure to comply with any
provision of this Act or any other law related to road traffic matters and where any
document is so impounded, the traffic officer shall issue a receipt in respect thereof to
the person concerned;
(k) require any professional driver or the operator or owner of any motor vehicle to produce
for inspection and to have a copy made of—
(i) any record or document which that person is required in terms of this Act to carry
or have in his or her possession or which is required to be affixed to any such
motor vehicle; or
(ii) any record which that person is required in terms of this Act to preserve;
(l) at any time enter any motor vehicle of an operator and inspect such vehicle;
(m) at any time enter upon any premises on which he or she has reason to believe that a
motor vehicle of an operator is kept or any record or other document required to be kept
in terms of this Act is to be found, and inspect such vehicle and copy any such record
or document, which he or she finds there;
(n) if he or she has reason to believe that an offence in terms of this Act has been committed
in respect of any record or document, inspected by him or her, impound that record or
document, and where any document is so impounded, the traffic officer shall issue a
receipt in respect thereof to the person concerned;
(o) inspect any motor vehicle or part thereof and impound any document issued in
connection with the registration and licensing of such motor vehicle which relates to the
motor vehicle, where it is found that the engine or chassis number of the motor vehicle
differs from the engine or chassis number as specified on the document, and direct that
the motor vehicle be taken, forthwith, to any police station specified by the traffic officer
for police clearance, and may after such clearance has been obtained, return the
impounded document to any person who is entitled thereto, or notify the owner of the
motor vehicle concerned that the vehicle must be re-registered, as the case may be;
and
(p) require from the owner, operator or driver of a motor vehicle registered or deemed to be
registered in any prescribed territory, police clearance in respect of the motor vehicle
before allowing the motor vehicle to be taken across the borders of the Republic:
Provided that the chief executive officer may exempt any owner, operator or driver in
the prescribed manner from having to provide such police clearance.

Sec 3J. Failure to comply with instruction or direction of inspector of licences, traffic officer,
examiner of vehicles or peace officer
(1) No person shall—
(a) fail to comply with any instruction or direction given to him or her by an inspector of
licences, traffic officer or examiner of vehicles, or obstruct, hinder or interfere with
any inspector of licences, traffic officer or examiner of vehicles in the exercise of any
power or the performance of any duty in terms of this Act;

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 (b) fail to comply with any instruction or direction given to him or her by a peace officer,
or obstruct, hinder or interfere with any peace officer in the exercise of any power
relating to a provision of this Act assigned to him or her in terms of section 334 of the
Criminal Procedure Act, 1977 (Act No. 51 of 1977); or
(c) in order to compel a person referred to in paragraph (a) or (b) to perform or to refrain
from performing any act in respect of the exercise of his or her powers or the
performance of his or her duties, or on account of such person having performed or
refrained from performing such an act, threaten or suggest the use of violence against
or restraint upon such person or any of his or her relatives or dependants, or threaten
or suggest any injury to the property of such person or of any of his or her relatives
or dependants.
(2) Whenever the production of any document which is not required to be affixed to a vehicle
or to be kept with him or her in a vehicle by any person, is demanded under sections
3F (b), 3F (g) or 3I (i), the production thereof at any police station or office set aside by a
competent authority for use by a traffic officer or peace officer, within a period of seven
days after being so demanded, shall be deemed to be sufficient compliance with the
demand.
(3) Whenever any document is produced under subsection (2) at any police station or office
referred to in that subsection, the officer in charge of such police station or office so set
aside, shall accordingly forthwith notify the officer who made the demand concerned and
shall issue an acknowledgement of production of such document to the person producing
it.
(4) Where a document is not produced under subsection (2) and any process is to be handed
to or served upon a person in terms of section 54 or 72 of the Criminal Procedure Act,
1977, an inspector of licences, traffic officer or peace officer may require the imprint of
the left thumb of the person to whom the process relates on such process, and such
person shall be obliged to furnish such imprint in the manner and at such a place or places
on the document or copies thereof as directed by the inspector or officer concerned:
Provided that if it is not possible to obtain the left thumb print of such person, the imprint
of any other finger may be required, in which case the finger so used shall be identified in
writing by the inspector or officer concerned under each imprint of such finger.

Sec 3K. Impersonating authorised officer or peace officer or inducing any such officer to
forsake his or her duty
(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 that he or she is an authorised
officer or peace officer; and
(2) No person shall connive with or induce or attempt to induce any authorised officer or peace
officer to omit to carry out his or her duty or to commit an act in conflict with his or her
duty.
(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.
(4) 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.

Sec 3L. Approval of training centre

(1) If a training centre referred to in sections 3D (1) (a), 3E (1) (c) and 28C meets the
prescribed requirements, the Shareholders Committee shall approve it.
(2) The Shareholders Committee may, if a training centre no longer complies with the
requirements referred to in subsection (1) revoke the approval referred to in that
subsection.

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Reg 1A. Procedure in case of dispute in relation to appropriate registering authority
(1) If a dispute should arise between two or more registering authorities or between a person and
a registering authority, as to which registering authority is the appropriate registering authority, such
dispute shall be decided by the MEC.
(2) If it is in issue in any civil or criminal proceeding whether an alleged registering authority is the
appropriate registering authority the alleged registering authority shall, in the absence of evidence
to the contrary, be deemed to be the appropriate registering authority.

Authorised officers
Reg 1B. Manner of application for registration as inspector of licences, examiner of
vehicles, examiner for driving licences or traffic officer

An application in terms of section 3B of the Act for registration as an inspector of licences, examiner
of vehicles, examiner for driving licences or a traffic officer, as the case may be, shall be made to
the chief executive officer on form RO as shown in Schedule 2, and shall be accompanied by
acceptable identification of the applicant and a certified copy of any document, certificate or diploma
relating to the applicant’s competence and registration requirements as referred to in section 3D of
the Act.

Reg 1C. Manner of registration as inspector of licences, examiner of vehicles, examiner for
driving licences or traffic officer

(1) If the chief executive officer is satisfied as contemplated in section 3C of the Act, he or she
shall—
(a) in the case of an examiner of vehicles or examiner for driving licences, grade the
applicant in terms of regulation 2;
(b) record the particulars of the applicant on the register of authorised officers referred to in
regulation 331 (4) (a); and
(c) issue to the applicant a certificate of registration on form CR as shown in Schedule 2.
(2) If the chief executive officer is not satisfied as contemplated in section 3C of the Act, he or she
shall refuse to register the applicant and notify such applicant accordingly.
(3) Any person whose registration has been cancelled in terms of section 3E of the Act and who
applies to be registered, may in addition to the requirements referred to in subregulation (1), be
required to have successfully completed a refresher course at a training centre within a period of
three months prior to such application.

Reg 1D. Manner of application for registration as a NaTIS Officer

(1) An application for registration as a NaTIS Officer shall be made to the chief executive officer.
(2) An application, referred to in subregulation (1) shall be accompanied by-
(a) the acceptable identification of the applicant;
(b) the NaTIS User Undertaking as issued by the Department; and
(c) any other additional information or documents as may be required by the chief executive
officer.

Reg 1E. Manner of registration as a NaTIS Officer

(1) On receipt of the application referred to in regulation 1D, the chief executive officer shall-
(a) ensure that the application is in order; and
(b) ensure that the person concerned is a fit and proper person to be registered as a NaTIS
Officer.
(2) If the chief executive officer is satisfied that the applicant may be registered as a NaTIS Officer,
he or she shall-
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 (a) record the particulars of the applicant on the register of NaTIS officers; and
(b) issue to the applicant a certificate of registration on form CR as shown in Schedule 2.
(3) If the chief executive officer is not satisfied that the applicant may be registered as a NaTIS
Officer, he or she shall refuse to register the applicant and notify such applicant accordingly.

Reg 1F. Manner of suspension or cancellation of registration of NaTIS Officer

(1) The chief executive officer shall, in considering the suspension or cancellation of the
registration of a NaTIS officer-
(a) notify the NaTIS officer concerned; and
(b) inform the NaTIS officer concerned that he or she may submit in writing, within 21 days
after such notification any aspect that may be taken into account in considering such
suspension or cancellation, to the chief executive officer.
(2) If the chief executive officer suspends or cancels the registration of a NaTIS officer, he or she
shall—
(a) notify such NaTIS officer of the reason for the cancellation or suspension, and the period
of suspension (if applicable); and
(b) update the register of NaTIS officers.
(3) A NaTIS officer whose registration has been cancelled or suspended, shall within 14 days after
being notified of such cancellation or suspension, submit the certificate of registration referred to in
regulation 1E (2) to the chief executive officer.
(4) A NaTIS officer whose registration has been cancelled or suspended due to the following:
(a) fraudulent or illegal actions which constitute an offence;
(b) investigation into fraudulent actions; or
(c) resigns before completion of investigation into fraud and has been found guilty of fraud;
shall not be appointed or registered by any authority.
(5) A NaTIS officer whose registration has been cancelled or suspended due to the following:
(a) resignation for reasons other than that referred to in subregulation (4); or
(b) stopped practising as a NaTIS officer for reasons other than that referred to in
subregulation (4),
may be registered as a NaTIS Officer by the chief executive officer.

Reg 2. Grades of examiner of vehicles and examiner for driving licences

(1) The chief executive officer shall grade an examiner of vehicles as—
(a) grade A, if the diploma referred to in section 3D(1) of the Act indicates that such examiner
is qualified to examine and test a motor vehicle of any class and such examiner holds a
code EC driving licence for a manual transmission and a code A driving licence;
(b) grade B, if the diploma referred to in section 3D(1) of the Act indicates that such examiner
is qualified to examine and test a motor vehicle of any class, except for a goods vehicle
or bus, the gross vehicle mass of which exceeds 3 500 kilograms, and such examiner
holds a code EB driving licence for a manual transmission and a code A driving licence;
and
(c) grade C, if the diploma referred to in section 3D (1) of the Act indicates that such
examiner is qualified to examine and test a motor vehicle of any class, except for a
motorcycle or motor tricycle, and such examiner holds a code EC driving licence for a
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 manual transmission; or

(d) grade D, if the diploma referred to in section 3D (1) of the Act indicates that such
examiner is qualified to examine and test a motor vehicle of any class, except for a
motorcycle, motor tricycle, goods vehicle or bus, the gross vehicle mass of which
exceeds 3 500 kilograms, and such examiner holds a code EB driving licence for a
manual transmission.
(2) An examiner of vehicles who is graded in terms of subregulation (1)—
(a) as a grade A examiner of vehicles, shall be authorised to inspect, examine and test a
motor vehicle of any class; or
(b) as a grade B examiner of vehicles, shall be authorised to inspect, examine and test a
motor vehicle of any class, except for a goods vehicle or a bus, the gross vehicle mass
of which exceeds 3 500 kilograms.
(3) The chief executive officer shall grade an examiner for driving licences as—
(a) grade A, if the diploma referred to in section 3D(1) of the Act indicates that such examiner
is qualified to examine and test a person for any code of learner’s or driving licence and
such examiner holds a code EC driving licence for a manual transmission and a code A
driving licence;
b) grade B, if the diploma referred to in section 3D(1) of the Act indicates that such examiner
is qualified to examine and test a person for a learner’s licence of any code and for a
driving licence of the codes B, C1, C, EB, EC1 and EC, and such examiner holds a code
EC driving licence for a manual transmission;
(c) grade C, if the diploma referred to in section 3D (1) of the Act indicates that such
examiner is qualified to examine and test a person for a learner's licence of any code
and for a driving licence of the codes A1, A and B, and such examiner holds a code B
driving licence for a manual transmission and a code A driving licence;
(d) grade D, if the diploma referred to in section 3D (1) of the Act indicates that such
examiner is qualified to examine and test a person for a learner's licence of any code
and for a driving licence of the code B, and such examiner holds a code B driving licence
for a manual transmission; and
(dA) as a grade F examiner for driving licences, shall be authorised to substitute a driving
licence of any code contained in an identity document, issued before 1 March 1998, in
terms of section 19 of the Act and to issue a new or duplicate driving licence card
contemplated in regulation 108 (5) (b) or 109 or professional driving permit;
(dB) grade G, if the examiner for driving licences is qualified to the satisfaction of the chief
executive officer to determine whether a person is disqualified from obtaining or holding
a learner’s or driving licence in terms of regulation 102 and to take an imprint of the left
thumb and right thumb of the applicant as referred to in regulation 108(1)(c) and
119(1)(a)
(e) grade L, if the diploma referred to in section 3D(1) of the Act indicates that such examiner
is qualified to examine and test a person for a learner’s licence of any code.
(4) An examiner for driving licences who is graded in terms of subregulation (3)—
(a) as a grade A examiner for driving licences, shall be authorised to examine and test a
person for a learner’s and driving licence of any code;
(b) as a grade B examiner for driving licences, shall be authorised to examine and test a
person for a learner’s licence of any code and for a driving licence of the code B, C1, C,
EB, EC1 or EC;
(c) as a grade C examiner for driving licences, shall be authorised to examine and test a
person for a learner’s licence of any code and for a driving licence of the code A1, A or
B;
(d) as a grade D examiner for driving licences, shall be authorised to examine and test a
person for a learner’s licence of any code and for a driving licence of the code B;

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 (dA) as a grade F examiner for driving licences, shall be authorised to substitute a driving
licence of any code contained in an identity document, issued before 1 March 1998, in
terms of section 19 of the Act and to issue a new or duplicate driving licence card
contemplated in regulation 108 (5) (b) or 109 or professional driving permit;
(dB) as a grade G examiner for driving licences, shall be authorised to determine whether a
person is disqualified from obtaining or holding a learner’s or driving licence in terms of
regulation 102 and to take an imprint of the left thumb and right thumb of the applicant
as referred to in regulation 108 (1) (c) and 119 (1) (a) and to issue a new or duplicate
driving licence card contemplated in regulation 108 (5) (b) or 109 or professional driving
permit;
(e) as a grade L examiner for driving licences, shall be authorised to examine and test a
person for any code of learner’s licence;
(f) as a grade A, B, C or D examiner for driving licences shall, notwithstanding anything to
the contrary contained in these regulations, be authorised to substitute a driving licence
of any code issued before 1 March 1998, in terms of section 19 of the Act, or to issue a
driving licence in terms of section 20 (3), 23 (4) or 24 (3) of the Act or to issue a new or
duplicate driving licence card contemplated in regulation 108 (5) (b) or 109 or
professional driving permit;

(g) as a grade L examiner for driving licences, shall be authorised to determine whether a
person is disqualified from obtaining or holding a learner's or driving licence in terms of
regulation 102 and to issue a new or duplicate driving licence card contemplated in
regulation 108 (5) (b) or 109 or a professional driving permit.

Reg 2A. Manner of suspension or cancellation of registration of authorised officer

(1) The inspectorate of driving licence testing centres or inspectorate of testing stations in terms
of section 3E(1) of the Act, or the chief executive officer in terms of section 3E(2) of the Act, whatever
the case may be, shall, in considering the suspension or cancellation of the registration of an
authorised officer—
(a) notify the officer concerned; and
(b) inform the officer concerned that he or she may submit in writing, within 21 days after
such notification, any aspect that may be taken into account in considering such
suspension or cancellation, to the inspectorate of driving licence testing centres,
inspectorate of testing stations or the chief executive officer, whatever the case may be.
(2) If the inspectorate of driving licence testing centres, inspectorate of testing stations or the chief
executive officer, whatever the case may be, suspends or cancels the registration of an officer, it, he
or she shall—
(a) notify such officer of the reason for the cancellation or suspension, and the period of
suspension (if applicable); and
(b) update the register of authorised officers referred to in regulation 331(4)(a) accordingly.
(3) An officer whose registration has been cancelled or suspended, shall within 14 days after being
notified of such cancellation or suspension—
(a) submit the certificate of registration referred to in regulation 1C(1) to the chief executive
officer, who shall deal with such registration certificate in the manner prescribed in
section 3E(5) of the Act; and
(b) submit the certificate of appointment referred to in section 3A(4) of the Act to the authority
who appointed him or her.
(4) An authorised officer or instructor whose registration has been cancelled or suspended due to
the following:
(a) fraudulent or illegal actions which constitute an offence;
(b) investigation into fraudulent actions; or

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 (c) resigns before completion of investigation into fraud and has been found guilty of fraud;
shall not be appointed or registered by any authority.
(5) An authorised officer or instructor whose registration has been cancelled or suspended due to
the following:
(a) resignation for reasons other than that referred to in subregulation (4); or
(b) stopped practising as a specific type of authorised officer or instructor for an unspecified
period for reasons other than that referred to in subregulation (4),
may be appointed or registered by any authority after the period specified and on the conditions
determined by the MEC.

Requirements for approval of training centres

Reg 2B. Requirements for approval of training centres by Shareholders Committee

(1) If a training centre referred to in sections 3D (1) (a) and 3E (1) (c) of the Act wants to be
approved in terms of section 3L of the Act, it shall apply for approval on form AFA, as shown in
Schedule 2.
(2) On receipt of an application contemplated in subregulation (1), the Shareholders Committee
shall direct the chief executive officer or an employee of the Corporation to inspect the training centre
to determine whether it meets the requirements set out in subregulation (3), after having given at
least one month’s written notice to the training centre.
(3) The requirements to be met by a training centre for approval in terms of section 3L of the Act,
shall be that—

(a) the curricula for traffic officers, examiners for driving licences and examiners of vehicles
published by the chief executive officer by notice in the Gazette shall be fully
implemented;
(b) the assessment policy published by the chief executive officer by notice in the Gazette
shall be complied with;
(c) the entry requirements for the course for traffic officers published by the chief executive
officer by notice in the Gazette shall be complied with;
(d) the general facilities, equipment and services published by the chief executive officer by
notice in the Gazette shall be available;
(e) the specific requirements in respect of registered courses offered, published by the chief
executive officer by notice in the Gazette, shall be complied with; and
(f) any training instructor, appointed after one month from the date of coming into force of
this regulation, complies with the criteria published by the chief executive officer by
notice in the Gazette.
(4) If a training centre meets the requirements for approval referred to in subregulation (3), the
Shareholders Committee shall communicate such approval to the training centre in writing.
(5) The Shareholders Committee may in exceptional cases, on application by a training centre, grant
relaxation of certain requirements referred to in subregulation (3), in which event the Shareholders
Committee shall communicate the nature of the relaxation and any conditions attached to it to the
training centre in writing.
(6) (a) The Shareholders Committee shall appoint an evaluation committee to evaluate
approved training centres annually.
(b) If an evaluation contemplated in paragraph (a) reveals that a training centre does not
comply with a requirement set out in subregulation (3) or a condition of its approval, the
Shareholders Committee may review the approval with a view to revoke it under section
3L (2) of the Act.

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 CHAPTER III
REGISTERING AND LICENSING OF MOTOR VEHICLES AND
REGISTERING OF MANUFACTURERS, BUILDERS, IMPORTERS AND
MANUFACTURERS OF NUMBER PLATES

LEARNING OBJECTIVES: Students must understand -

❑ the details of how to register and licence a motor vehicle
❑ all the administrative requirements regarding exemptions, special classifications, motor trade
numbers, special and temporary permits are discussed in this legislation
❑ the details on number plates, the registration of manufacturers, builders and importers and all
other administrative matters are dealt with by the legislation.

► Comment: The detail of registration and licensing of motor vehicles is contained in the regulations.
The section just enables the Minister to make regulations. Regulations 3 to 35 and 50 to 86 deal
with Registration and Licensing of motor vehicles and particulars of title holders/owners.
Regulation 36 to 49 deal with registration of manufacturers/builders/importers of vehicles and
manufacturers of number plates.

Registration and licensing of motor vehicles

Sec 4. Registration and licensing of motor vehicles

(1) The registration and licensing system of motor vehicles for each province shall be
as prescribed.
(2) All motor vehicles shall be registered and licensed unless the contrary is
prescribed in respect of specific cases.

(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.
► Comment: Regulations 3 to 86 are promulgated in terms of section 4. They deal with registration
of motor vehicles, licensing of motor vehicles, motor trade numbers, registration plates and
general administrative requirements regarding motor vehicles.

Reg 3. Motor vehicle to be registered

Subject to the provisions of regulations 4 and 5, every motor vehicle in the Republic shall, whether
or not it is operated on a public road, be registered by the title holder thereof, in accordance with the
provisions of this Part, with the appropriate registering authority.
Reg 4. Motor vehicle deemed to be registered
(1) A motor vehicle in the Republic which is separately registered and licensed in terms of any
law of a prescribed territory and which was not ordinarily kept in a garage or at any other place in
the Republic when it was so registered and licensed in terms of such law shall, subject to the
provisions of subregulations (3) and (4), while it is used by or on behalf of the owner in whose name
such vehicle is so registered and licensed, be deemed to be registered in terms of this Part.
(2) Subject to the provisions of subregulation (3) and (4), a motor vehicle which is registered in
accordance with a law of a Contracting State to the Convention and in accordance with the terms of
the Convention, shall be deemed to be registered in terms of this Part while in the Republic—
(a) during a continuous period of 12 months calculated from the date on which such motor
vehicle is brought into the Republic; or
(b) until the registration ceases to be of force and effect in terms of the Convention,
whichever event is the earlier, and such vehicle may, notwithstanding anything to the
contrary contained in this Part, be operated on a public road while it complies with the
provisions of the Convention.
(3) If a licence of a motor vehicle contemplated in subregulation (1) or (2) is not renewed within
the period of validity of such licence, such vehicle shall no longer be deemed to be registered and
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
licensed with effect from the first day of the month following upon the month in which such period of
validity has expired.
(4) If a motor vehicle contemplated in subregulation (1) or (2) is, with effect from a date after its
registration and licensing in terms of the law of the prescribed territory concerned or Contracting
State, ordinarily kept in a garage or at any other place in the Republic, such vehicle shall with effect
from that date no longer be deemed to be registered and licensed in terms of that subregulation.
► Comment: “Deemed” means the Act regards such motor vehicles as registered even though they
are not registered.
Reg 5. Motor vehicle exempt from registration
(1) A motor vehicle—
(a) propelled by electrical power derived from electrical cabling affixed to the vehicle and
that is not used on a public road;
(b) which has crawler tracks;
(c) which is not—
(i) self-propelled;
(ii) a caravan;
(iii) designed principally for the conveyance of persons or goods, or both; and
(iv) operated on a public road;
(d) which by reason of its dimensions or the mass thereof or the mass of a part thereof may
not be operated on a public road in terms of the Act, and which is not so operated;
(e) referred to in paragraph (c) and which is drawn by a tractor whether or not it is operated
on a public road;
(f) of which the Department of Defence is the title holder and owner;
(g) which is designed exclusively for racing, and includes a micro midget car or cart and a
go-cart, and by virtue of its design, does not comply with the provisions of Parts II, III,
and IV of Chapter VI and by reason of such design may not be operated on a public road
in terms of the Act;
(h) which is a self-propelled lawnmower and by virtue of its design, does not comply with the
provisions of Parts II, III, and IV of Chapter VI and by reason of such design may not be
operated on a public road in terms of the Act;
(i) which is designed exclusively to be used on a golf course and by virtue of its design,
does not comply with the provisions of Parts II, III, and IV of Chapter VI and by reason
of such design may not be operated on a public road in terms of the Act and for the
purpose of this paragraph operate on a public road shall not include the operation of
such vehicle within the confines of a golf course;
(j) which is a type of motor cycle on which a person stands, generally known as a motorised
skateboard, and by virtue of its design, does not comply with the provisions of Parts II,
III, and IV of Chapter VI and by reason of such design may not be operated on a public
road in terms of the Act;
(k) which is a type of motor vehicle designed for the purpose of being operated specifically
by a person younger than 16 years of age and by virtue of its design, does not comply
with the provisions of Parts II, III, and IV of Chapter VI and by reason of such design may
not be operated on a public road in terms of the Act; or
(l) which the steering wheel is on the left hand side, excluding motor vehicles referred
to in regulation 200 (2) (b), (d) and (e),
shall be exempt from registration and shall not be registered in accordance with the provisions of
this Part: Provided that if the ownership of a motor vehicle is to be transferred from the Department
of Defence to another person, such Department shall register such motor vehicle prior to such
transfer.
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(2) For the purposes of subregulation (1) (c), the words “operated on a public road” shall not be
so construed to include the presence of such motor vehicle on a public road for the purpose of—
(a) being driven to the premises of the owner in order to take delivery thereof;
(b) crossing a public road from the one premises of the owner to another over a distance of
not more than one kilometre; or
(c) proceeding to or from a place where repairs are to be or have been effected to such
motor vehicle.
(3) If a motor vehicle exempt in terms of subregulation (1) (c) is operated on a public road contrary
to the provisions of subregulation (2), the title holder of such motor vehicle shall be liable for the
registration thereof on the date referred to in regulation 7 (1) (a) (vii)
► Comment: The best way to determine whether a provision is applicable to a motor vehicle is to
read the rule first, then check the exemptions. If you comply with the rule, you need to read all the
exemptions.

Reg 6. Date on which registration of motor vehicle becomes null and void
(1) The registration of a motor vehicle becomes null and void on the date—
(a) of change of title holder or owner of such motor vehicle, which includes for the purposes
of this paragraph every branch of a business or body of persons referred to in paragraph
(a)(ii), (iii) and (iv) of the definition of “appropriate registering authority” in regulation 1,
but if the title holder or owner of a motor vehicle is a partnership and a change of title
holder or owner of such motor vehicle occurs by reason of one of the partners dying or
ceasing to be a partner of such partnership or a new partner being admitted thereto, the
registering authority concerned may, upon written application by or on behalf of such
partnership, determine that no change of title holder or owner shall be deemed to have
occurred in respect of such motor vehicle under the Act;
(b) on which a deregistration certificate in respect of the motor vehicle concerned is issued
in terms of regulation 17(3)(c), 54(4)(c) or 55(3)(d);
(c) if the motor vehicle is subject to an instalment sale transaction, or leasing transaction as
defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980), 31 days from the date
of repossession of the motor vehicle concerned by the title holder (credit grantor):
Provided that the registration of a motor vehicle of which the owner fulfils his or her
obligation in terms of section 12 of the Credit Agreements Act, 1980 (Act No.75 of 1980),
does not become null and void;
(d) on which the motor vehicle is acquired or the estate is wound up, whichever date is the
earlier, if the motor vehicle is acquired from the estate of a deceased person;
(e) determined by the MEC concerned in any circumstances not contemplated in this
regulation; or
(f) on which the motor vehicle is deregistered in terms of regulation 26A(1).
(2) The words “change of title holder or owner” excludes for the purposes of this regulation a
change—
(a) of name in terms of sections 24 to 26 of the Births and Deaths Registration Act, 1992
(Act No. 51 of 1992), in terms of section 56(1) of the Banks Act, 1990 (Act No. 94 of
1990), in terms of sections 19 to 20 of the Close Corporations Act, 1984 (Act No. 69 of
1984) or in terms of section 44 of the Companies Act, 1973 (Act No. 61 of 1973);
(b) of address; or
(c) of proxy or representative.

Reg 7. Date and conditions on which motor vehicle to be registered

(1) Subject to the provisions of subregulation (2), liability for the registration of a motor vehicle
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shall arise—
(a) in the case of a motor vehicle to be registered for the first time in the Republic—
(i) if the motor vehicle was manufactured, on the date of completion of manufacture
of such motor vehicle;
(ii) if the motor vehicle was built by a builder who is required to register as such under
these regulations, on the date of completion of the building of such motor vehicle;
(iii) if the motor vehicle was built up from parts by a builder who is not required to
register as such under these regulations, on the date of completion of the building
of such motor vehicle;
(iv) if the motor vehicle was imported by an importer, on the date of arrival of such
vehicle in the Republic or on the date on which such motor vehicle is cleared in
terms of the provisions of the customs and excise legislation, if applicable;
(v) subject to the provisions of regulation 4, if the motor vehicle was acquired outside
the Republic, on the date on which such motor vehicle is brought into the Republic
or on the date on which such motor vehicle is cleared in terms of the customs and
excise legislation, if applicable;
(vi) if it is a motor vehicle which is deemed to be registered in terms of regulation 4, on
the date it ceases to be so deemed;
(vii) if it is a motor vehicle which is exempt from registration in terms of regulation 5 and
such exemption is withdrawn or is no longer applicable, on the date of such
withdrawal or when such exemption no longer applies;
(viii) if it is a motor vehicle that has been forfeited to the State or other authority, the
date on which the motor vehicle is so forfeited;
(b) in the case of a motor vehicle which was previously registered in the Republic—
(i) on the date on which the registration of such vehicle becomes null and void, in
terms of regulation 6 (1) (a), (c) or (d) or, if applicable, regulation 6 (1) (e);
(ii) which was stolen and deregistered in terms of regulation 54 (4) and is recovered,
on the date of release of such motor vehicle by the South African Police Service;
(iii) in the case of a motor vehicle referred to in regulation 6(1)(f), on the date referred
to in regulation 23(2),
(iv) on the date of issue of a temporary permit issued in terms of regulation 84.
(c) in the circumstances not contemplated in the foregoing provisions of this subregulation,
on the date determined by the MEC concerned.
(2) Notwithstanding anything to the contrary contained in this Part, a motor vehicle referred to in
subregulation (1) (b) may be operated on a public road for a period of 21 days after the date of
liability referred to in this regulation in order to register such vehicle while the licence number
allocated thereto and the licence disc issued in respect thereof are displayed in the manner
contemplated in regulations 35 and 36 respectively.
(3) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred
to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, in the
absence of evidence to the contrary, be deemed to be the date referred to in the said subregulation.

Reg 8. Manner of application for registration of motor vehicle

(1) An application for the registration of a motor vehicle, other than a motor vehicle referred to in
regulation 15, shall, subject to subregulations (3) and (4), be made by the title holder within 21 days
after the date of liability referred to in regulation 7, to the appropriate registering authority on form
RLV, or where the title holder is a manufacturer, builder or importer, on form MVR1-MIB as shown
in Schedule 2.
(2) An application referred to in subregulation (1) shall, subject to regulations 9 to 12A, be
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
accompanied by—
(a) the acceptable identification of the title holder of the motor vehicle and, in the case of a
body of persons, that of its proxy and representative and a letter of proxy;
(b) the acceptable identification of the owner of the motor vehicle and, in the case of a body
of persons, that of its proxy and representative and a letter of proxy;
(c) the appropriate registration fees as determined by the MEC of the province concerned,
and, if applicable, any penalties and arrear fees as referred to in regulations 57 and 59;
(d) if the motor vehicle is registered, the registration certificate concerned, or the certificate
referred to in regulation 13B (2)(d): Provided that the provisions of this paragraph shall
not apply to an applicant—
(i) if the motor vehicle concerned has been repossessed and the person who obtained
the registration certificate under road traffic laws previously applicable, refuses to
hand over the registration certificate to the applicant, and the provisions of
regulation 11 have been complied with and such applicant submits a South African
Police Service clearance of the motor vehicle;
(ii) if the registration certificate is lost and the applicant can prove that a notification of
change of title holder or change of owner, indicating that the applicant is the new
title holder or owner, was given in terms of regulation 53 (3) or (4), and such
applicant submits a South African Police Service clearance of the motor vehicle as
well as an affidavit explaining the circumstances under which the registration
certificate was lost;
(iii) if the title holder cannot be traced and no notice of change of title holder was given
as contemplated in regulation 53 (3), and the applicant concerned submits a South
African Police Service clearance of the motor vehicle as well as an affidavit
explaining the circumstances under which the registration certificate cannot be
submitted;
(e) in the case of a motor vehicle which is being registered for the first time, a duly completed
form COO as shown in Schedule 2, or a certificate issued by the manufacturer, builder
or importer on the official documentation of such manufacturer, builder or importer,
containing—
(i) the chassis number as contemplated in regulation 56(2) expressed in not more
than 17 alpha-numerical characters;
(ii) if applicable, the engine number expressed in not more than 20 alpha-numerical
characters;
(iii) the make expressed in not more than 30 alpha-numerical characters;
(iv) the model name expressed in not more than 20 alpha-numerical characters and
the model-derivative expressed in not more than 20 alpha-numerical characters,
neither of which, for the purpose of this subregulation shall include the year of
manufacture;
(v) other than in the case of a motor cycle, motor tricycle or motor quadrucycle, the
tare in kilograms expressed in not more than five figures;
(vi) if applicable, the engine capacity in cubic centimetres expressed in not more than
five figures;
(vii) in the case of a minibus, bus or goods vehicle, the gross vehicle mass in kilograms
expressed in not more than six figures;
(viii) if applicable, the nett engine power to the nearest kilowatt expressed in not more
than three figures;
(ix) the main colour; and
(x) the model number referred to in regulation 41 (a) (ii) or a letter of authority as
contemplated in regulation 43,

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 of the motor vehicle concerned;
(f) if the tare has changed due to any reason, a mass measuring certificate obtained in the
manner prescribed in regulation 66;
(g) in the case of a vehicle to which standard specification SANS 1518 “Transportation of
dangerous goods – design, construction, testing, approval and maintenance of the road
vehicles and portable tanks applies, a certificate of compliance shall be issued by the
manufacturer confirming compliance to the standard and the certificate of compliance
shall be approved by the competent authority;
(h) a South African Police Service clearance of the motor vehicle if required in terms of this
Chapter;
(i) certification of roadworthiness in the case of a motor vehicle referred to in regulation
43 (3);
(j) if required by the registering authority—
(i) proof of the right to be registered as title holder of the motor vehicle concerned;
(ii) proof of compliance with the provisions of the customs and excise legislation;
(iii) where doubt exists regarding the tare of the motor vehicle concerned, a mass
measuring certificate obtained in the manner prescribed in regulation 66; and
(iv) ….. (deleted)
(k) any other documentation required by the MEC concerned.
(3) If liability for the registration of a motor vehicle arises due to the sale of such motor vehicle by
a motor dealer to a bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990), so that such bank
may sell or lease such motor vehicle to a client of it and if the appropriate registering authority of the
title holder of such motor vehicle, is the same authority as that of such motor dealer, the motor
dealer concerned shall submit the application referred to in subregulation (1) to the appropriate
registering authority and shall complete and sign such application on behalf of the bank if so
authorised by way of a letter of authorisation.
(4) If the title holder of the motor vehicle concerned does not permanently reside or carry on
business in the Republic, the owner of such motor vehicle shall submit the application for registration
of such motor vehicle to the appropriate registering authority.
(5) A manufacturer, builder or importer, as the case may be, shall, when disposing of a motor
vehicle manufactured, built, modified or imported by him or her, furnish the new title holder of such
motor vehicle with the certificate referred to in subregulation (2) (e) or the registration certificate
referred to in regulation 16.

Reg 9. Additional requirements for registration of motor vehicle built up from parts
An application for the registration of a motor vehicle built up from parts by a builder who is not
required to register as such under these regulations shall, in addition to the requirements and
documents referred to in regulation 8, be accompanied by—
(a) an affidavit on form SOA as shown in Schedule 2, stating the parts used, the person from
whom such parts were acquired and, attached to such form, the receipts of the purchase
or donation of such parts;
(b) if such motor vehicle has been built up from a motor vehicle which has become
permanently unfit for use as a motor vehicle and has been deregistered in terms of
regulation 55(3), the deregistration certificate in respect of such motor vehicle, or an
affidavit containing evidence of the fact that the motor vehicle was previously
permanently unfit for use; and
(c) a South African Police Service clearance of the motor vehicle.

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Reg 9A. Additional requirements for registration of deregistered motor vehicle
An application for the registration of a motor vehicle referred to in regulation 6(1)(b) or (f) shall, In
addition to the requirements and documents referred to in regulation 8, be accompanied by -
(a) the deregistration certificate issued in respect of such vehicle: Provided that the
provisions of this paragraph shall not apply to an applicant if the deregistration certificate
is lost, destroyed or stolen and the applicant can prove that he/she is the title holder, and
such applicant submits an affidavit explaining the circumstances under which the
deregistration certificate was lost, destroyed or stolen;
(b) a mass measuring certificate obtained in the manner prescribed in regulation 66; and
(c) a South African Police Service clearance of the motor vehicle.

Reg 9B. Additional requirements for registration of motor vehicle deregistered due to not
being licensed
An application for the registration of a motor vehicle referred to in regulation 26A shall, in addition to
the requirements and documents referred to in regulation 8, be accompanied by-
(a) the registration certificate issued in respect of such vehicle: Provided that the provisions
of this paragraph shall not apply to an applicant if the registration certificate is lost,
destroyed or stolen and the applicant can prove that he/she is the title holder, and such
applicant submits an affidavit explaining the circumstances under which the registration
certificate was lost, destroyed or stolen;
(b) a mass measuring certificate obtained in the manner prescribed in regulation 66; and
(c) a South African Police Service clearance of the motor vehicle.

Reg 10. Additional requirements for registration of motor vehicle acquired from the estate
of deceased person
An application for the registration of a motor vehicle which has been acquired from the estate of a
deceased person referred to in regulation 6(1)(d) shall, in addition to the requirements and
documents referred to in regulation 8, be accompanied by a document substantiating the
circumstances under which such motor vehicle was acquired.

Reg 11. Additional requirements for registration of repossessed motor vehicle

An application for the registration of a motor vehicle which has been repossessed by the title holder
referred to in regulation 6(1)(c) shall, in addition to the requirements and documents referred to in
regulation 8, be accompanied by a certified copy of—
(a) the court order; or
(b) the voluntary surrender documentation: Provided that an affidavit made by the title holder
of that motor vehicle stating the circumstances under which the vehicle was repossessed
may be submitted in the case where the voluntary surrender documentation cannot be
obtained,

as proof of the right of the title holder to repossess such motor vehicle.

Reg 12. Additional requirements for registration of motor vehicle acquired outside borders
of Republic
An application for the registration of a motor vehicle acquired outside the borders of the Republic
referred to in regulation 7(1)(a)(iv) or (v), shall, in addition to the requirements and documents
referred to in regulation 8, be accompanied by—
(a) written proof of compliance with the provisions of customs and excise legislation;

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 (b) if such motor vehicle is registered outside the Republic, the documents relating to the
registration and licensing of the motor vehicle concerned issued in the country where
such motor vehicle is registered;
(c) a South African Police Service clearance of the motor vehicle; and
(d) a letter of authority referred to in regulation 43(1)(b).

Reg 12A. Additional requirements for registration of motor vehicle previously reported as
stolen
An application for the registration of a motor vehicle previously deregistered as stolen shall, in
addition to the requirements and documents referred to in regulation 8, be accompanied by—
(a) the deregistration certificate issued in terms of regulation 54 (4) in respect of such motor
vehicle, or an affidavit containing evidence of the fact that the motor vehicle was previously
reported as stolen;
(b) a South African Police Service clearance of the motor vehicle; and
(c) duly completed form CCL as shown in Schedule 2.

Reg 13. Manner of registration of motor vehicle

(1) On receipt of the application for registration the registering authority may, and if the applicant so
requires shall, issue an assessment showing the penalties and fees referred to in regulation 8 (2) (c),
for the registration of the motor vehicle concerned.
(2A) The registering authority shall, subject to the provisions of regulation 59(2), upon payment of
the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order,
in the event that the register of motor vehicles can be accessed immediately—
(a) register the motor vehicle concerned;
(b) record in the register of motor vehicles the particulars in relation to the—
(aa) motor vehicle concerned; and
(bb) title holder and owner of such motor vehicle; and
(c) issue a registration certificate on form RC1 as shown in Schedule 2 to the title holder,
who shall be responsible for its safe-keeping; or
(2B) The registering authority may, subject to the provisions of regulation 59(2), upon payment of
the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order,
in the event that the register of motor vehicles can not be accessed immediately-
(a) issue a manual certificate on form RC1-M as shown in Schedule 2 free of charge to
confirm to the title holder that the documentation is in order and that a registration
certificate will be issued to him or her as soon as the register of motor vehicles can be
updated; and
(b) act as prescribed in paragraph (2A) as soon as the register of motor vehicles can be
accessed and updated, and if the registering authority is satisfied that the application is
in order.
(3) The title holder shall upon registration of the motor vehicle concerned, forthwith notify the
owner of such registration.
(4) A motor vehicle shall be recorded as “built-up” in the register of motor vehicles if—
(a) it is being registered for the first time and it has been manufactured, built, modified or
imported by a manufacturer, builder or importer—
(i) which has not been registered as such;
(ii) which is not required to be registered as such; or
(iii) has been registered as such in terms of regulation 40 (2) subject to the condition

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 or conditions referred to in regulation 41 (b) (ii) or (iii),
and in respect of which no certification of roadworthiness referred to in regulation 141 (2)
was issued;
(b) the vehicle was deregistered in terms of regulation 55 as permanently unfit for use; or
(c) the motor vehicle was previously registered as “built-up”.
(4A) A motor vehicle shall be recorded as “new” in the register of motor vehicles if-

(a) it is being registered and is liable for licensing for the first time and it has been
manufactured or imported by a manufacturer or importer that is registered as such:
Provided that if manufactured, it was manufactured in whole using new parts;
(b) it is being registered and is liable for licensing for the first time in the Republic and it has
been imported by an importer that is not required to be registered as such and was
previously registered as “new” in the name of the importer in the country of origin or is
being registered for the first time;
(c) it was previously registered as “new” and licensed and no change of owner has occurred;
or
(d) it was previously registered as “new” and there is no liability for licensing:
Provided that if the motor vehicle was registered in another country, the date of first registration of
such motor vehicle must be captured in the register of motor vehicles.

(5) A motor vehicle shall be recorded as “used” in the register of motor vehicles if-
(a) it is currently registered as “new” or “used” and it is not liable for licensing;
(b) it was previously registered as ”new” or “used” and was deregistered in terms of
regulation 26A or 54 (4); or
(c) it was previously exempt from registration in terms of regulation 5 and such exemption
no longer applies or has been withdrawn.
(6) A motor vehicle shall be recorded as “allowed to convey dangerous goods” in the register of
motor vehicles if standard specification SANS 1518 “Transportation of dangerous goods design,
construction, testing, approval and maintenance of the road vehicles and portable tanks”, applies to
such vehicle.
(7) A chassis or a cab and chassis shall be recorded as “under construction” in the register of
motor vehicles.
(8) A motor vehicle which is a motor vehicle referred to in regulation 200 or which is a motor cycle,
motor tricycle or motor quadrucycle not designed for use on a public road, generally known as an
off-road motor vehicle, and by virtue of its design, does not comply with the provisions of Parts II, III,
and IV of Chapter VI and by reason of such design may not be operated on a public road in terms
of the Act, shall be recorded as "not roadworthy" in the register of motor vehicles.

Reg 13A. Prohibition of registration of permanently demolished motor vehicle

(1) A motor vehicle which was deregistered in terms of regulation 55 as permanently demolished,
shall not be registered and its parts shall not be used to build or repair any motor vehicle.
(2) The provisions of subregulation (1) shall not apply in respect of a motor vehicle which is
deregistered as unfit for use.

Reg 13B. Manner of electronic registration of motor vehicle

(1) Application for electronic registration and updating of the register of motor vehicles may be
made by a title holder who has authorised access to the register of motor vehicles.
(2) The title holder as contemplated in subregulation (1) shall-

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (a) register the motor vehicle concerned;
(b) record in the register of motor vehicles, using the electronic registration transaction, the
particulars in relation to the-
(i) motor vehicle concerned; and
(ii) title holder and owner of such motor vehicle;
(c) pay the appropriate registration fees as determined by the MEC of the province
concerned; and
(d) issue a certificate on form RC2 as shown in Schedule 2 or on a form similar to form RC2
on the official documentation of such financial institution, indicating the particulars of the
motor vehicle and new title holder, upon disposal of the motor vehicle concerned.

Reg 14. Application by and appointment of manufacturer or importer as agent of

registering authority
(1) A registered manufacturer or registered importer may for the purposes of section 5 (5) of the
Act apply to the registering authority in whose area of jurisdiction such manufacturer or importer is
engaged in the business of selling motor vehicles, to be appointed an agent of such registering
authority with the powers, functions and duties contemplated in regulation 15.
(2) The said registering authority may, or shall if requested by the MEC, forward the application to
the MEC for evaluation.
(3) The MEC may, upon receipt of the application, appoint any registered manufacturer or importer
as agent of the registering authority that received the application.

Reg 15. Introduction of motor vehicles by manufacturer or importer appointed as agent

(1) A manufacturer or importer who is an agent of a registering authority, shall, within 7 days from
the date of liability referred to in regulation 7(1) introduce the motor vehicle manufactured or
imported, as the case may be, by such manufacturer or importer, by recording the particulars in
relation to—
(a) the motor vehicle concerned; and
(b) the title holder and owner of such motor vehicle,
in the register of motor vehicles and such introduction shall be deemed to be registration of the
vehicle for the purposes of section 5(5) of the Act.
(2) The said manufacturer or importer shall, in respect of every motor vehicle manufactured or
imported by him or her, record in the register of motor vehicles-
(a) any change of title holder or owner;
(b) any change of the particulars in relation to the motor vehicle; and
(c) if the motor vehicle was exported, stolen, or de-registered,
until that manufacturer or importer records on the register of motor vehicles that the motor
vehicle concerned was released for sale, or until a registering authority records a change of
title holder or owner on the register of motor vehicles in terms of regulation 13, or until such
registering authority issues a registration certificate with respect to the vehicle concerned in
terms of regulation 16, whichever event is the earlier.
(3) The said manufacturer or importer shall not be liable for payment of the registration fees
referred to in regulation 8(2)(c) in respect of motor vehicles introduced by such manufacturer or
importer in the manner contemplated in subregulation (1).

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Reg 16. Application for registration certificate in respect of motor vehicle introduced by
manufacturer or importer
(1) The title holder or owner of a motor vehicle referred to in regulation 15(1), may prior to the
registration of such motor vehicle, apply on form ACV as shown in Schedule 2 to his or her
appropriate registering authority for the registration certificate in respect of that motor vehicle.
(2) An application referred to in subregulation (1) shall be accompanied by—
(a) the acceptable identification of the title holder or owner of the motor vehicle, whatever
the case may be, and in the case of a body of persons, that of its proxy and
representative and a letter of proxy;
(b) the appropriate fees as determined by the MEC of the province concerned;
(c) the certificate from the manufacturer, builder or importer of such motor vehicle referred
to in regulation 8(2)(e);
(d) any other document required by the MEC concerned.
(3) On receipt of the said application, the registering authority shall, if satisfied that the application
is in order, issue the registration certificate to the title holder or owner, whatever the case may be,
on form RC1 as shown in Schedule 2.

Reg 17. Deregistration of registered motor vehicle which becomes exempt from
registration
(1) If a registered motor vehicle becomes exempt from registration in terms of regulation 5, the title
holder of such motor vehicle shall apply for the deregistration of such motor vehicle on form ADV,
as shown in Schedule 2, to the appropriate registering authority.
(2) The application referred to in subregulation (1) shall be accompanied by—
(a) the acceptable identification of the title holder and, if the title holder is a body of persons,
that of its proxy and representative and a letter of proxy; and
(b) the registration certificate of the motor vehicle concerned.
(3) On receipt of the application referred to in subregulation (1), the registering authority shall—
(a) satisfy itself that the application is in order;
(b) update the particulars pertaining to the motor vehicle concerned in the register of motor
vehicles; and
(c) issue a deregistration certificate on form VDC as shown in Schedule 2, to the title holder
of the motor vehicle concerned.
(4) If a motor vehicle record has been updated in terms of subregulation (3)(b), the record of the
motor vehicle may be moved to the archive of the register on any date five years after the date on
which such update took place.
► Comment: Registration and licensing are two different concepts in the Legislation.
Reg 18. Motor vehicle to be licensed
Subject to the provisions of regulations 19 and 20, every motor vehicle in the Republic shall, whether
or not it is operated on a public road, be licensed by the owner of such motor vehicle, in accordance
with the provisions of this Part, with the appropriate registering authority.
► Comment: The owner is responsible for licensing.

Reg 19. Motor vehicle deemed to be licensed

(1) A motor vehicle which is deemed to be registered in terms of regulation 4 shall be deemed to
be licensed in terms of this Part.
(2) A motor vehicle owned by a motor dealer for the purposes of sale or exchange in the course
of his or her business as a motor dealer and if such motor vehicle is not operated on a public road,
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
except under a motor trade number, shall be deemed to be licensed in terms of this Part.
(3) A motor vehicle which is in a manufacturer’s or importer’s possession for the purpose of selling
or exchanging it in the course of his or her business of selling motor vehicles, which motor vehicle—
(a) is introduced in the manner contemplated in regulation 15(1) by such manufacturer or
importer; and
(b) is not operated on a public road, except under a motor trade number,
shall be deemed to be licensed in terms of this Part.
(3A) A previously stolen motor vehicle that was recovered by the South African Police Service, of
which the original title holder or owner cannot be traced, and which is owned by the South African
Police Service for the purpose of selling it, is deemed to be licensed in terms of this Part if it is not
operated on a public road, except under a motor trade number.
(4) A motor vehicle referred to in subregulation (1), shall no longer be deemed to be licensed, with
effect from the date referred to in regulation 4(3), and the owner of such motor vehicle shall be liable
to licence such motor vehicle in terms of this Part.

Reg 20. Motor vehicle exempt from licensing

A motor vehicle which is exempt from registration in terms of regulation 5, and a motor
quadrucycle, shall not be required to be licensed in terms of this Part.

Reg 21. Special classification of motor vehicle in relation to motor vehicle licence fees
(1) The owner of a motor vehicle, other than a breakdown vehicle—
(a) which is a trailer drawn by a tractor and not operated on a public road;
(b) which is a tractor and not operated on a public road;
(c) which was, in the opinion of the MEC, reconstructed solely for use within the confines of
private property, and is so used;
(d) which-
(i) has been adapted, rebuilt or changed to be used solely for racing purposes as a
stock-car, racing car or racing cycle;
(ii) has been certified by the secretary of the racing club of which the owner of the
motor vehicle is a member, as being solely used for racing purposes;
(iii) has been registered for the purpose of racing; and
(iv) is not operated on a public road;
(e) which is a vintage vehicle and which is used solely—
(i) in any race or sport referred to in regulation 317;
(ii) in an event organised by a properly constituted motor club; or
(iii) for exhibition purposes;
(f) which is a fire-fighting vehicle;
(g) which may only be operated on a public road under an exemption in terms of the Act, or
(h) which is not a tractor, motor home or a caravan and which has not been originally
designed or adapted for the conveyance of persons, excluding the driver and, in the case
of a motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms, excluding
the driver and one passenger, or goods, or both;
may apply to the MEC concerned for special classification of the vehicle concerned with respect to
motor vehicle licence fees by, at his or her appropriate registering authority, making a declaration on
form ELF1 to the effect that the vehicle is as contemplated in paragraphs (a), (b), (c), (d), (e), (f) or
(g) accompanied by—

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (i) the acceptable identification of the owner; and
(ii) additional information or documents required by the MEC concerned, if any.
(2) (a) The MEC shall consider the application and notify the applicant and registering authority
concerned accordingly.
(b) If the application is granted, the registering authority shall issue a certificate of special
classification on form ELF3 to the owner and record the particulars of the special
classification on the register of motor vehicles.
(3) The owner shall submit the certificate of special classification upon licensing of the vehicle
concerned.
(4) For the purposes of this regulation, the words “operated on a public road” shall not be
construed to include the presence of such motor vehicle on a public road for the purpose of—
(a) being driven to the premises of the owner in order for the owner to take delivery thereof;
(b) crossing a public road from the premises of the owner to another over a distance of not
more than one kilometre; or
(c) proceeding to or from a place where repairs are to be or have been effected to such
motor vehicle.
(5) ….. (deleted)
(6) (a) The owner of a motor vehicle, other than a motor vehicle conveying persons or goods
for reward, who-
(i) receives a pension in terms of the Military Pensions Act, 1976 (Act No. 84 of 1976);
(ii) suffers from a pensionable disability which has been determined at not less than
50 percent in terms of that Act; and
(iii) by reason of such disability requires the use of such motor vehicle to enable him
or her to earn his or her livelihood,
may apply to the MEC on form ELF1 as shown in Schedule 2, to specially classify such
motor vehicle, in relation to the payment of motor vehicle licence fees, and such
application shall be accompanied by—
(aa) the acceptable identification of the owner; and
(bb) any additional information or documents as may be required by the MEC
concerned.
(b) On receipt of the application referred to in paragraph (a), the MEC concerned shall—
(i) consider such application;
(ii) notify the applicant concerned and the appropriate registering authority
accordingly; and
(iii) if the application is granted,
(aa) issue a certificate of classification on form ELF 3 as shown in Schedule 2;
and
(bb) record such classification on the register of motor vehicles.
(c) On receipt of the certificate of special classification referred to in paragraph (b)(iii)(aa),
the owner shall submit such certificate to the appropriate registering authority when
applying for the licensing of the motor vehicle in terms of regulation 24 or 30.
(d) This subregulation shall only apply for a period of 12 months from the date of
commencement of this regulation, after which date any certificate issued under it, shall
be invalid.
(7) (a) The MEC may at any time cancel a certificate of special classification issued in terms of
this regulation and notify the owner and registering authority concerned accordingly.
(b) The registering authority shall update the register of motor vehicles upon receipt of a
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 notification contemplated in paragraph (a).
(8) If a motor vehicle which has been specially classified under this regulation is operated on a
public road contrary to the conditions of its classification, such motor vehicle shall no longer be so
specially classified and the owner of such motor vehicle shall be liable for the licensing thereof with
effect from the date upon which it is so operated.
(9) A special fee as determined by the MEC of the province concerned shall be payable upon
issuance of a motor vehicle licence in respect to a motor vehicle that was specially classified under
this regulation.

Reg 22. Date on which motor vehicle licence and licence disc of a motor vehicle becomes
null and void
(1) The motor vehicle licence and licence disc of a motor vehicle shall become null and void on
the date—
(a) referred to in regulation 25(5) or 31(1);
(b) on which a new licence number is allocated as referred to in regulation 29;
(c) on which a personalised licence number is allocated under regulation 28(5);
(d) of issue of an acknowledgement of receipt in terms of regulation 54(4)(d) or 55(3)(c) in
respect of the motor vehicle concerned;
(e) of deregistration in terms of this Chapter;
(f) of change of owner of such motor vehicle, which includes for the purposes of this
paragraph every branch of a business or body of persons referred to in paragraph (a)(ii),
(iii) and (iv) of the definition of “appropriate registering authority” in regulation 1, but if the
owner of a motor vehicle is a partnership and a change of owner of such motor vehicle
occurs by reason of one of the partners dying or ceasing to be a partner of such
partnership or a new partner being admitted thereto, the registering authority concerned
may, upon written application by or on behalf of such partnership, determine that no
change of owner shall be deemed to have occurred in respect of such motor vehicle;
(g) on which the motor vehicle is acquired or the estate is wound up, whichever date is the
earlier, if the motor vehicle concerned is acquired from the estate of a deceased person;
(h) if the motor vehicle is subject to an instalment sale transaction or leasing transaction as
defined in the Credit Agreements Act, 1980 (Act No.75 of 1980), 31 days from the date
of repossession of the motor vehicle concerned by the title holder (credit grantor):
Provided that the motor vehicle licence and licence disc of a motor vehicle of which the
owner fulfils his or her obligation in terms of section 12 of the said Act, does not become
null and void;
(i) determined by the MEC concerned in any circumstances not contemplated in this
regulation;
(j) the operator card in respect of such motor vehicle expires or is no longer applicable to
such motor vehicle.
(2) The words “change of owner” excludes for the purposes of this regulation a change—
(a) of name in terms of sections 24 to 26 of the Births and Deaths Registration Act, 1992
(Act No. 51 of 1992), in terms of section 56(1) of the Banks Act, 1990 (Act No. 94 of
1990), in terms of sections 19 to 20 of the Close Corporations Act, 1984 (Act No. 69 of
1984) or in terms of section 44 of the Companies Act, 1973 (Act No. 61 of 1973);
(b) of address; or
(c) of proxy or representative.

Reg 23. Date on which motor vehicle to be licensed

(1) Subject to the provisions of subregulation (3), liability for the licensing of a motor vehicle shall
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
arise on the date—
(a) on which liability for the registration of such motor vehicle arises in terms of regulation 7;
(b) on which a new licence number is allocated as referred to in regulation 29;
(c) on which a personalised licence number is allocated under regulation 28(5);
(d) referred to in regulation 31(1);
(e) of expiry of the licence of such motor vehicle in terms of regulation 26;
(f) of release by the South African Police Service, if it is a motor vehicle which has been
stolen and has not been deregistered in terms of regulation 54(4), and has been
recovered;
(fA) of release by the South African Police Service of an impounded vehicle referred to in
regulation 55A, if that vehicle is released after the date of expiry of the licence of that
vehicle;
(g) a new operator card is required for such motor vehicle in terms of regulations 267 or 270;
(h) determined by the MEC concerned in any circumstances not contemplated in the
foregoing provisions.
(2) The date of liability referred to in subregulation (1)(e) shall be construed to arise on the first
day of the month following the date of expiry of the existing licence.
(3) Notwithstanding anything to the contrary contained in this Part, a motor vehicle referred to in
subregulation (1), may, during a period of 21 days after the date referred to in that subregulation, be
operated on a public road while the licence number allocated to such motor vehicle and the licence
disc issued in respect of such motor vehicle prior to the date on which the motor vehicle licence and
licence disc became null and void, are displayed in the manner contemplated in regulations 35 and
36.
(4) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred
to in subregulation (1), the date alleged to be the date referred to in subregulation (1), shall, in the
absence of evidence to the contrary, be deemed to be the date referred to in the said subregulation.

Reg 24. Manner of application for licensing of motor vehicle

(1) An application for the licensing of a motor vehicle, shall be made by the owner of such motor
vehicle, within 21 days after the date of liability referred to in regulation 23, on form RLV or ALV as
shown in Schedule 2, to the appropriate registering authority but the owner may licence his or her
motor vehicle on any date prior to the date of liability referred to in regulation 23 for a further period
of 12 months and the provisions of subregulation (3) are applicable to such transaction.
(2) An application referred to in subregulation (1) shall be accompanied by—
(a) acceptable identification of the owner of the motor vehicle and, if the owner is a body of
persons, acceptable identification of its proxy and representative and a letter of proxy;
(b) the appropriate motor vehicle licence fees as determined by the MEC of the province
concerned;
(c) if applicable, the penalties and arrear licence fees referred to in regulations 57 and 59;
(d) if required in terms of regulation 138(1), a certification of roadworthiness issued under
regulation 141(2);
(e) if applicable, a certificate of classification or a declaration in respect of the motor vehicle
in relation to motor vehicle licence fees, as contemplated in regulation 21(2) and (6);
(f) if the motor vehicle concerned is owned by the South African Police Service, a licence
number referred to in regulation 27(5)(b) allocated by the South African Police Service;
(g) if applicable, the motor vehicle licence; and
(h) if required, a South African Police Service clearance of the motor vehicle as
contemplated in regulations 31(2) and 54(6).
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
(3) If an application is made in terms of subregulation (1) and the owner of the motor vehicle
submits a motor vehicle licence of which the period of validity has not yet expired, the fees payable
for the licence so applied for, shall be reduced by one twelfth per month or part thereof for every
month such licence is still valid: Provided that the motor vehicle licence fees payable for the licence
in respect of a motor vehicle referred to in regulations 17, 54(1)(c) and 55(1)(b), shall not be so
reduced.

Reg 25. Manner of licensing of motor vehicle

(1) On receipt of the application for licensing of a motor vehicle, the registering authority may, and
if the applicant so requires, shall issue an assessment showing the appropriate motor vehicle licence
fees as determined by the MEC of the province concerned and the arrear fees and penalties referred
to in regulations 57 and 59, for the licensing of the motor vehicle concerned.
(2) The registering authority shall, subject to the provisions of regulation 59 (2), upon payment of
the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order—
(a) licence the motor vehicle concerned;
(b) allocate a licence number to the motor vehicle concerned, if applicable;
(c) update the particulars pertaining to such motor vehicle in the register of motor vehicles;
(d) issue a motor vehicle licence on form MVL1, MVL1-M, MVL1-RW, MVLX, LCO or LCTO
as shown in Schedule 2 to the owner of such motor vehicle;
(e) subject to the provisions of subregulation (5), issue a licence disc on form MVL1, MVL1-
M, MVL1-RW, MVLX, LCO or LCTO as shown in Schedule 2, which serves as proof that
the motor vehicle is licensed; and
(3) (a) If a licence number referred to in subregulation (2) (b) has been erroneously allocated to
a motor vehicle, the registering authority concerned shall request the owner of such
motor vehicle in writing to deliver to it within a period of 21 days after the date of such
request, all documents pertaining to the licensing of such vehicle.
(b) On the expiry of the period referred to in paragraph (a), the licensing, as well as all
documents mentioned in that paragraph shall become null and void.
(c) On receipt of the documents referred to in paragraph (a), the registering authority shall
issue a licence as from the date on which the original application was made for the
vehicle concerned, on which the newly allocated licence number shall appear.
(4) The licence disc referred to in subregulation (2) (e) shall be completed in black non-fading ink.
(5) If a certification of roadworthiness is required in terms of regulation 138 and the application
referred to in regulation 24 is not accompanied by a certification of roadworthiness issued under
regulation 141 (2), the registering authority shall not issue a licence disc, until the owner of such
motor vehicle submits such certification of roadworthiness: Provided that if such certification of
roadworthiness is submitted after the month in which such motor vehicle is licensed, the licence of
such motor vehicle shall become null and void on the day such certification of roadworthiness is
submitted and on such date the owner shall become liable for the licensing of such vehicle.
(6) When the owner of the motor vehicle referred to in subregulation (5) obtains a certification of
roadworthiness, he or she shall—
(a) submit such certification to the appropriate registering authority; and
(b) apply on form RLV or ALV as shown in Schedule 2, for a licence disc in respect of the
motor vehicle concerned.
(7) The registering authority may refuse to issue a licence disc in respect of a motor vehicle –
(a) which may not be operated on a public road as referred to in regulation 21(1)(a), (b), (c),
(d) and (g);
(b) the owner of which owes any penalties or fees in terms of the provisions of this Act;
(bA) referred to in Regulation 13(8);
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
 (c) the owner of which is also the owner of another motor vehicle the licence of which has
expired more than 23 days ago;
(d) in respect of which a South African Police Service clearance has to be submitted;
(e) if a warrant of arrest in respect of an offence in terms of this Act has been issued in
respect of the owner of such motor vehicle;
(f) the operator card of which has been suspended; or
(g) the owner of which has not been identified by means of acceptable identification as
referred to in regulation 1.
(h) the owner of which has failed to comply with the requirements of regulation 32A (1) and
(3).
(8) When a motor vehicle referred to in subregulation (6) does not comply with the conditions
referred to in subregulation (6) anymore, the owner of the motor vehicle shall apply on form ALV or
RLV as shown in Schedule 2, for the licensing of the motor vehicle concerned.
(9) A motor vehicle licence disc shall be issued on form MVLCC-X, as shown in Schedule 2, to
motor vehicles referred to in regulation 21 (1) (a) and (b);
(10) A motor vehicle licence disc on form MVLCC-S, as shown in Schedule 2, shall be issued to
vehicles referred to in regulation 21(1)(d),(e), (f) (g) or (h) which serves as proof that the vehicle has
been specially classified in terms of regulation 21.

Reg 25A. Electronic motor vehicle licensing

(1) If the MEC concerned deems it expedient, he or she may allow for the licensing of a motor
vehicle by the owner thereof through a bank's Automatic Teller Machine (ATM) or other form of
electronic means.
(2) Upon the licensing of a motor vehicle in the manner contemplated in subregulation (1), the
owner shall pay—
(a) the appropriate motor vehicle licence fees as determined by the MEC of the Province
concerned; and
(b) if applicable, the penalties and arrear licence fees referred to in regulations 57 and 59.
(3) On receipt of the licence information from the Bank concerned, the motor vehicle as referred
to in subregulation (1), the Department shall licence the motor vehicle in the manner contemplated
in regulation 25.

Reg 26. Period of validity of motor vehicle licence and licence disc
(1) Subject to subregulation (2), a motor vehicle licence and licence disc shall be valid for a period
of 12 months from the first day of the month in which such licence and licence disc were issued and
the date of expiry of such licence shall be shown on the motor vehicle licence and licence disc.
(2) In the case where the owner applies for a licence as contemplated in regulation 30(2) before
the expiry date of such licence and licence disc, the period of validity of the new licence and licence
disc so applied for shall be calculated from the first day of the month which follows on the expiry date
of the current licence and licence disc.

Reg 26A. Consequences of failure to licence motor vehicle

(1) If a motor vehicle is required to be licensed in terms of the provisions of this Chapter and an
application for the licensing of the motor vehicle is not received within four years from the date of
liability referred to in regulation 23(1)(e) and 23(2), the motor vehicle concerned shall be
deregistered.
(2) If a motor vehicle is deregistered in terms of subregulation (1), the title holder thereof shall, on
the date referred to in regulation 7(1)(b)(iii), be liable to register such vehicle in terms of regulations
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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
8 and 9B and the owner shall be liable to license such vehicle as referred to in regulation 24.
(3) The deregistration of the motor vehicle in terms of subregulation (1), shall not exempt the
owner of the motor vehicle concerned from the liability to license such motor vehicle in terms of
regulation 18 or from the payment of the penalties and arrear licence fees in terms of regulations 57
and 59.
(4) If a motor vehicle is deregistered in terms of subregulation (1), the record of the motor vehicle
shall be marked as such and may be moved to the archive of the register.

Reg 27. Licence mark and licence number system

(1) The MEC of each province shall, subject to subregulation (2), by notice in the Provincial
Gazette, determine a licence mark for the province concerned.
(2) (a) The MEC of a province shall by notice in the Provincial Gazette—
(i) allocate a licence mark to every registering authority in the province concerned,
which licence mark shall consist of a combination of letters; or
(ii) establish a licence number system for the province concerned which license
number system shall consist of:
(aa) a combination of three letters and three figures in any sequence; or
(bb) a combination of two letters, two figures and two letters in any
sequence:
and the licence mark of the province concerned, referred to in sub regulation
(1): Provided that vowels and the letter "Q" shall not be used and the first letter
shall not be the letter "G".

(b) The MEC concerned may, subject to regulation 35, by notice in the Provincial Gazette
determine a logo or landscape, a letter type, a colour for the letters and figures, and the
colour of the retro-reflective surface to be displayed on a number plate, denoting the
province concerned.
(bA) The MEC for the Free State Province may, notwithstanding the provisions of regulation
35, determine, in the Provincial Gazette, the type of number plate to be used to display
a licence number of a motor vehicle licenced in the Free State Province.

(bB) The MEC for the Province of KwaZulu-Natal may, subject to regulation 35, by notice in
the Provincial Gazette determine a logo or landscape, a letter type, a colour for the
letters and figures and the colour of the retro-reflective surface to be displayed on a
number plate, denoting licence numbers set aside for use by the King of the Zulu
Nation.
(3) Every motor vehicle licensed in a province shall be allocated with a licence number and such
licence number shall, subject to subregulation (5) and regulation 28, consist of the licence mark
referred to in subregulation (2)(a)(i) and figures, or the letters and figures allocated from the licence
number system referred to in subregulation (2)(a)(ii).
(4) The MEC may, by way of notice in the Provincial Gazette, allocate a new licence mark to any
registering authority or establish a new licence number system for the province concerned.
(5) The licence number of a motor vehicle—
(a) the owner of which is a department of State, may consist of—
(i) the licence number allocated to the vehicle upon licensing thereof;
(ii) the letter G followed by two letters, three figures, and the letter G; or
(iii) any other licence number determined by the chief executive officer by notice in the
Gazette;
(b) the owner of which is the South African Police Service, may consist of three letters, three
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 figures, followed by the letter B;
(c) set aside for the use by the King of the Zulu Nation, shall consist of the letters ZK followed
by figures or letters or combination of figures and letters.
(d) the owner of which is—
(i) a foreign government, diplomat representing a foreign government, an
international or inter-governmental organisation;
(ii) a member of staff or suite of such government or organisation; or
(iii) any other person or class of person determined by the Minister of Foreign Affairs,
shall consist of such letters and figures as are determined by the Director-General: Department of
Foreign Affairs but shall end in the letter “D”.

Reg 28. Personalised licence number system

(1) The MEC may by notice in the Provincial Gazette establish a personalised licence number
system for the province concerned.
(2) The provisions of the Act which are applicable to licence numbers shall mutates mutandis be
applicable to personalised licence numbers.
(3) Personalised licence numbers shall, notwithstanding anything to the contrary contained in
these regulations be issued to a person upon application and subject to such conditions and upon
payment of such fees or charges as are determined by the MEC of the province concerned.
(4) The MEC concerned may, subject to regulation 35, by notice in the Provincial Gazette
determine a logo or landscape, a letter type, a colour for the letters and figures, and the colour of the
retro-reflective surface to be displayed on a number plate denoting the personalised licence numbers
of the province concerned.
(4A) Notwithstanding the provisions of regulation 35, the MEC for the Free State Province may by
notice in the Provincial Gazette determine the type of number plate to be used to display a
personalized number of a motor vehicle licenced in the Free State Province.
(4B) The MEC for the Province of KwaZulu-Natal may, subject to regulation 35, by notice in the
Provincial Gazette determine a logo or landscape, a letter type, a colour for the letters and figures
and the colour of the retro-reflective surface to be displayed on a number plate, denoting
personalised licence numbers set aside for use by the King of the Zulu Nation.
(5) The person referred to in subregulation (3) may apply to the appropriate registering authority
for the allocation of the personalised licence number issued under subregulation (3), to a motor
vehicle of which he or she is the owner.

Reg 28A. Cancellation of personalised licence number

(1) Whenever the holder of a personalised licence number has, in the opinion of the MEC
concerned, contravened a condition referred to in regulation 28(3), such MEC may cancel such
number.
(2) If a personalised licence number referred to in subregulation (1) has been cancelled, the holder
of such number shall forthwith surrender the personalised licence number plates and the
documentation required by the MEC concerned, to that MEC.
(3) If the holder of a personalised licence number no longer requires such number, such holder
shall forthwith apply to the MEC concerned for the cancellation of such personalised licence number
and such application shall be accompanied by the personalised licence number plates and the
documentation required by the MEC concerned.
(4) On receipt of the application referred to in subregulation (3), the MEC—
(a) shall cancel the personalised licence number;
(b) may deface or destroy the documentation and personalised licence number plates; and
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 (c) shall update the particulars pertaining to the personalised licence number in the register
of motor vehicles.

Reg 29. MEC may change allocated licence number

(1) The MEC concerned may, upon the conditions he or she determines change the licence
number allocated to a motor vehicle.
(2) The MEC concerned may, subject to such conditions as he or she may determine, on
application and upon payment of such fees or charges as he or she may determine, change the
licence number allocated to a motor vehicle.

Reg 30. Motor vehicle licence assessment

(1) (a) If the MEC concerned deems it expedient, he or she may forward a motor vehicle licence
assessment to the residential or postal address of the owner of the motor vehicle, on
form MVL2 as shown in Schedule 2, for the licensing of such motor vehicle.
(b) In the event that the MEC deems it expedient to forward a motor vehicle licence
assessment and such assessment is not received by the owner of the vehicle, that owner
shall in any event be liable for the timeous licensing of the motor vehicle concerned.
(2) The owner may submit the assessment referred to in subregulation (1) to the appropriate
registering authority, and such submission shall serve as an application for the licensing of the motor
vehicle concerned.
(3) The application referred to in subregulation (2) shall be accompanied by—
(a) the appropriate motor vehicle licence fees as determined by the MEC of the province
concerned;
(b) if applicable, the penalties and arrear licence fees referred to in regulations 57 and 59;
and
(c) if required in terms of regulation 138(1), certification of roadworthiness.
(4) If the owner did not receive the motor vehicle licence assessment referred to in subregulation
(1), such owner shall apply for the licensing of the motor vehicle in the manner referred to in
regulation 24.
(5) On receipt of an application referred to in subregulation (2), the registering authority shall
licence the motor vehicle in the manner contemplated in regulation 25(2).
(6) If a motor vehicle is required to be licensed in terms of this Part, and an application for such
licence is not received, the registering authority may, within three months from the date of liability for
licensing of the motor vehicle, referred to in regulation 23, forward a notice of the failure to apply for
the licensing of such motor vehicle, on form NL or NRL as shown in Schedule 2, to the owner of
such motor vehicle and a copy thereof to the title holder of such motor vehicle, and such notice may
again be forwarded within six months after the first notice.

Reg 31. Additional requirements for application for licensing in the case of alteration or
reconstruction of registered motor vehicle
(1) When a motor vehicle is altered or reconstructed in such a manner and to such an extent that
the motor vehicle licence or licence disc issued in respect of such motor vehicle no longer correctly
describes such vehicle, such licence and licence disc shall become null and void on the date of the
completion of such alteration or reconstruction and liability for the licensing of such motor vehicle
shall arise on that date.
(2) An application for the licensing of a motor vehicle referred to in subregulation (1), shall be
made in terms of regulation 24, and in addition to the requirements and documents referred to in that
regulation, be accompanied by—
(a) certification of roadworthiness;
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 (b) a mass measuring certificate obtained in the manner referred to in regulation 66;
(c) if required by the MEC concerned, a South African Police Service Clearance of the motor
vehicle concerned.
(3) The registering authority shall notify the title holder of a motor vehicle of any reconstruction or
alteration of such motor vehicle on form ARN as shown in Schedule 2.

Reg 32. Procedure on change of appropriate registering authority due to owner moving
If the address of the owner of a motor vehicle changes and the registering authority at whose office
such motor vehicle is licensed, is no longer the appropriate registering authority due to such change,
such owner shall be liable to apply for the licensing of such motor vehicle in the manner referred to
in regulation 24 to the new appropriate registering authority on the date of expiry of the licence of
such motor vehicle as contemplated in regulation 26.

Reg 32A. Verification of address particulars

(1) Subject to paragraphs (2), a person or body of persons who is registered on the NaTIS or
wishes to make use of the NaTIS services shall, after a period of 12 months from the date of
publication of this regulation in the Gazette, submit proof of—
(a) full names;
(b) date of birth;
(c) identity number; and
(d) residential and postal address.
(2) The Minister may—
(a) determine different dates for compliance with provisions of subregulation (1) in respect
of different categories of persons; and
(b) extend any date as determined in paragraph (a).
(3) A person or body of persons shall submit proof of such change of particulars and complete
form NCP as shown in Schedule 2 within 21 days, as required in subregulation (1) to the appropriate
registering authority of such person or body of persons or any driving licence testing centre.
(5) Proof that may be submitted as required in terms of subregulation (1) must be, in the case of—
(a) full names, date of birth, identity number and business registration number, any form of
acceptable identification;
(b) postal and residential address, any utility account: Provided that in the case where the
person is not the person in whose name the utility account is issued, the person in whose
name the utility account is issued must make an affidavit or affirmation declaring that the
person resides at the address and the affidavit or affirmation must be accompanied by
the utility account of such person; and
(c) a person who resides at an informal settlement a letter with an official date stamp from
the ward councillor confirming the postal and residential address of such person.
Reg 33. Procedure on re-defining of area of registering authority
If a registering authority becomes the new registering authority of an area previously under the
jurisdiction of another registering authority, every owner of a licensed motor vehicle for whom such
new registering authority becomes the appropriate registering authority, shall, if such motor vehicle
is not licensed with such new registering authority, be liable to apply to the new registering authority
for the licensing of such motor vehicle in the manner referred to in regulation 24, and on the date
referred to in regulation 23(1)(e).

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Reg 34. Procedure on change of licence mark of registering authority or licence number
system of province
(1) If the MEC of a province allocates a new licence mark to a registering authority or establishes
a licence number system for a province, in terms of regulation 27(4), the owner of a motor vehicle
licensed at such registering authority shall be liable to apply in the manner referred to in regulation
24 for the licensing of such motor vehicle to such registering authority on the date referred to in
regulation 23(1)(e).
(2) The MEC concerned may by notice in the Provincial Gazette extend the date referred to in
subregulation (1).
Retulation 35 - Display of licence number

An amendment was published to replace the requirement in paragraph (2)(a). This amendment is
however not in force yet. The new amendment reads: “shall bear a self destructive certification
mark”

Reg 35. Display of licence number

(1) The licence number of a motor vehicle shall be displayed on a plate, to be referred to as a
number plate and which complies with standard specification SANS 1116: "Retro-reflective
Registration Plates for Motor Vehicles", Part 2: "Registration plates (metal)" or Part 4: "Registration
plates (plastic).
(2) The number plate referred to in subregulation (1)—
(a) shall bear a certification mark as shown in the standard specifications referred to in
subregulation (1);
(b) shall have a yellow or white retro-reflective surface;
(c) shall have black, dark blue, dark red or dark green letters and figures, but shall display
only black letters and figures in the case of a yellow retro-reflective surface;
(d) may display a logo or landscape if it appears on a white retro-reflective surface; and
(e) shall be clearly legible and visible.
(3) The letters and figures on a number plate shall be arranged—
(a) with all the letters and figures in one line; or
(b) with the letters preceding the figures in one line and immediately thereunder, the figures
and, if applicable, the last letter in one line;
(c) with all the letters and figures and the logo or landscape in one line; or
(d) with the letters or the figures and the logo or landscape in one line, and immediately
thereunder—
(i) the figures and letters;
(ii) the letters and letters; or
(iii) the letters and figures,
and, if applicable, immediately thereunder, the letters in one line.

(4) Subject to the standard specification referred to in subregulation (1), a motor vehicle may only
display on number plates letters and figures of 60 millimetres on the rear of motor vehicles which
has illuminated space at the rear which is too small to permit the attachment of number plates with
letters or figures of 75 millimetres: Provided that no person shall display a number plate other than
the size of a number plate the illuminated space is provided for; and
(5) The owner of a motor vehicle shall cause the number plate of such motor vehicle to be affixed
thereto, from the date of licensing of such motor vehicle, in the manner referred to in subregulation
(7), whether or not such motor vehicle is operated on a public road: Provided that the provisions of
this subregulation shall not apply in respect of a number plate which is removed from such motor
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vehicle for the purpose of effecting repairs to such motor vehicle or number plate, and while such
motor vehicle is not operated on a public road.
(6) No person shall operate on a public road a motor vehicle—
(a) on which a licence number or anything purporting to be a licence number, which is not
applicable to such vehicle, is displayed;
(b) of which the licence number is in any way obscured or has become illegible, except if
such licence number is temporarily obscured or illegible by reason of a cause beyond
the control of the driver of such motor vehicle;
(c) while, subject to subregulation (2)—
(i) any design appears on the number plate or if such plate is fitted to a number plate
holder, on such holder; and
(ii) there appears within 150 millimetres of the licence number applicable to such
motor vehicle, a design, ornamentation, figure or letter which is not a component
part of the standard equipment or construction of that motor vehicle:
Provided that the provisions of this paragraph shall not apply to a distinguishing sign of
the country of registration affixed in terms of the Convention, or to a logo or landscape
determined by the MEC concerned;
(d) which, if such motor vehicle is deemed to be registered and licensed by reason of it being
registered or licensed in a prescribed territory, does not comply with the legislation of
that prescribed territory relating to the registration and licensing of motor vehicles and
matters in connection therewith;
(e) which is registered in a prescribed territory, other than the Republic of Namibia, without
displaying the distinguishing sign of the country of registration allocated in terms of the
Convention;
(f) if such vehicle is registered in the Republic and displays thereon a distinguishing sign
other than the distinguishing sign allocated to the Republic in terms of the Convention,
or other than a logo or landscape determined by the MEC concerned;
(g) in or on which a number plate is carried on which a licence number appears which is not
applicable to such motor vehicle or anything purporting to be a licence number, unless
he or she provides evidence that such plate was not carried with criminal intent;
(h) registered in the Republic, if each number plate, which complies with subregulations (1),
(2) and (3), displayed on the motor vehicle does not display the same licence number,
letter type, colours, and logo or landscape; or
(i) on which a number plate is displayed that does not comply with standard specification
SABS 1116: "Retro-reflective Registration Plates for Motor Vehicles", Part 2:
"Registration plates (metal)" or Part 4: "Registration plates (plastic).
(7) A number plate shall be affixed—
(a) in such a manner that it is not easily detachable;
(b) in an upright position or within 30 degrees of such position;
(c) in such a manner that each letter and figure thereon is clearly legible;
(d) in such a manner that the whole number plate is clearly visible;
(e) to the back of a motor cycle, motor tricycle, motor quadrucycle or trailer; and
(f) one to the back and one to the front of all other motor vehicles.

Provided that no person shall operate on a public road a motor vehicle first registered on or after 1
July 2011, unless the number plate fixed to such motor vehicle is affixed within 20 millimetres from
the edges by means of 4 millimetres rivets or 4 millimetres one-way self tapping screws either
directly onto the motor vehicle or onto an integral part thereof or onto an intermediate holding
bracket which complies with the provisions of SANS 973 “Number Plate Carrier” approved by

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LEGISLATION IN ROAD TRANSPORT - Compilation of the National Road Traffic Act 93/1996
the Department of Transport, and which is attached to the motor vehicle in such a way that it
cannot be removed while the number plate is affixed to it in the aforesaid manner.

No. R. 931 23 September 2009

NATIONAL ROAD TRAFFIC ACT, 1996, (ACT NO. 93 OF 1996)

AMENDMENT OF GOVERNMENT GAZETTE NO. 32258 OF 27 MAY 2009: EXTENDING THE

COMMENCEMENT DATE OF THE PROVISO CLAUSE AFTER SUBREGULATION (7), (F) OF
REGULATION 35 OF THE NATIONAL ROAD TRAFFIC REGULATIONS, 2000
I, Sibusiso Joel Ndebele, Minister of Transport, acting in terms of Section 75 read with regulation 35
of the National Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act No.
93 of 1996), hereby determine 01 April 2010 as the commencement date for the proviso clause
after subregulation (f) of regulation 35 of the National Road Traffic Regulations, 2000.

(Signed)
Sibusiso Joel Ndebele
MINISTER OF TRANSPORT

(8) A number plate shall, in the case of—

(a) a double-deck bus of which the engine is at the rear, be affixed not higher than one
comma nine metres from ground level; or
(b) any other motor vehicle, be affixed not higher than one comma five metres from ground
level.
(9) The provisions of subregulation (7) in relation to legibility and visibility of a number plate which
is affixed to the back of a motor vehicle, shall not apply to a motor vehicle which is towing another
vehicle.
(10) Any person in possession of a number plate which is not applicable to any motor vehicle of
which he or she is the title holder or owner, shall destroy such number plate, unless such possession
is within his or her cause and scope of employment.

Provided that notwithstanding the provisions of this regulation, no person shall operate on a public
road a motor vehicle first registered on or after 1 January 2010, unless such motor vehicle is fitted
with a 520 - 113 or 250 - 205 or 250 -165 size number plate.

► Comment: The licence plate was formerly called a registration plate. A number is now allocated on
licensing and not registration.

Reg 36. Display of licence disc or licence and roadworthy certificate disc
(1) The owner of a motor vehicle shall display a licence disc or licence and roadworthy certificate
disc, whichever the case may be, issued in respect of such motor vehicle—
(a) if the motor vehicle is fitted with a transparent windscreen, by affixing it on the lower left
hand corner in such a manner that the print on the face of the licence disc or licence and
roadworthy certificate disc, whichever the case may be, is clearly legible from the outside
to a person standing in front or to the left front of such vehicle;
(b) if the motor vehicle is not fitted with a transparent windscreen, by affixing it in a
conspicuous position on the left front side of such motor vehicle in such a manner that
the print on the face of such a licence disc or licence and roadworthy certificate disc,
whichever the case may be, is clearly legible from that side; or
(c) if such licence disc or licence and roadworthy certificate disc, whichever the case may
be, is required to be displayed on a motor vehicle in a position where it is exposed to the
weather, be protected by affixing such licence disc or licence and roadworthy certificate
disc, whichever the case may be, on the inside of the transparent front of a durable
watertight holder.
(2) No person shall operate on a public road a motor vehicle on which is displayed a licence disc
or a licence and roadworthy certificate disc, whichever the case may be, or anything purporting to

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be a licence disc or licence and roadworthy certificate disc—
(a) which is not applicable to such motor vehicle;
(b) which is in any way obscured or has become illegible, except if such licence disc or
licence and roadworthy certificate disc, whichever the case may be, is temporarily
obscured or illegible by reason of a cause beyond the control of the driver of such motor
vehicle.
(3) (a) No person shall operate on a public road, a motor vehicle that is not registered and
licenced or not licenced, unless such vehicle is exempt from registration and licencing
as contemplated in regulation 5.
(b) No person shall operate a motor vehicle on a public road unless a valid licence disc or
licence disc and roadworthy certificate is displayed on such motor vehicle as
contemplated in subregulation (1).
(c) No person shall operate a motor vehicle on a public road unless a valid temporary import
permit is displayed on such motor vehicle, if such permit is required in terms of Custom
and Excise legislation.

Reg 37. Procedure for refund of motor vehicle licence fees

(1) The owner of a motor vehicle which has been—
(a) reported stolen as referred to in regulation 54 (1) (c);
(b) reported permanently unfit for use as a motor vehicle or as permanently demolished as
referred to in regulation 55 (1) (b); or
(c) deregistered in terms of regulation 17,
may apply for a refund of an amount calculated at one twelfth of the motor vehicle licence fees paid
in respect of such motor vehicle in terms of regulation 25 (2) for every month for which the motor
vehicle licence remains valid, on the day immediately preceding the day on which the owner
becomes exempt from liability for licensing of the motor vehicle concerned in terms of regulation
54 (5) or 55 (4) or is deregistered in terms of regulation 17.
(2) The owner of the motor vehicle referred to in subregulation (1) shall, within a period not
exceeding three months after the date of notification in terms of regulation 54(1) or 55(1) or the date
of deregistration, apply to the MEC of the province to which such owner has paid the motor vehicle
licence fees referred to in subregulation (1), for a refund of the motor vehicle licence fees, on a form
similar to form RLF or on form RLF, as shown in Schedule 2.
(3) On receipt of the application referred to in subregulation (2), the MEC concerned may refund
the owner of the motor vehicle referred to in subregulation (1), with the amount referred to in
subregulation (1) but an amount of less than R100 shall not be refunded.

➢ SEE Regulations 38 to 51 after Section 7

General

Reg 52. Procedure for change of particulars of title holder or owner of registered motor
vehicle
(1) If the postal or street address, proxy or representative of the title holder or owner of a motor
vehicle which is registered in terms of these regulations, changes, such title holder or owner shall,
within a period of 21 days after such change—
(a) notify the appropriate registering authority of such change on form NCP as shown in
Schedule 2; and
(b) submit proof, of such change as contemplated in regulation 32A(3).
(2) If the name or identification number as reflected in the acceptable identification of the title
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holder or owner of a motor vehicle registered in terms of these regulation changes, such title holder
or owner shall within a period of 21 days after such change—
(a) notify the appropriate registering authority of such change on form NCP as shown in
Schedule 2; and
(b) submit the new acceptable identification.
(3) Where a change referred to in subregulation (2) occurs in respect of a title holder, such title
holder shall submit every registration certificate issued to him or her, together with the notification
referred to in subregulation (2)(a), to the appropriate registering authority.
(4) In the case of a change referred to in subregulation (1) in respect of the proxy or representative
of a body of persons, the notification referred to in that subregulation shall be accompanied by the
acceptable identification of the new proxy or representative, as the case may be and, if applicable,
a letter of proxy.
(5) On receipt of the notification referred to in subregulation (1) or (2), the registering authority
shall—
(a) ensure that such notification is in order;
(b) update the particulars pertaining to the person or body of persons concerned in the
register of motor vehicles;
(c) …….. (deleted)
(d) in the case of a notification referred to in subregulation (2) in respect of a change in the
name or identification number as reflected in the acceptable identification of the title
holder of a motor vehicle, issue a new registration certificate to the title holder concerned,
upon payment of the appropriate fees for the issue of a duplicate document as
determined by the MEC of the province concerned.
(6) The owner of a motor vehicle shall notify the title holder of such motor vehicle of any change
of address or particulars of the owner as referred to in subregulations (1) and (2).

Reg 53. Duty of title holder and owner of motor vehicle where such title holder or owner
changes
(1) No person shall, either for himself or herself, the State or on behalf of another person—
(a) dispose of or deliver or trade with a motor vehicle in terms of an instalment sale
transaction or leasing transaction unless—
(i) such motor vehicle, if required to be registered and licensed in terms of this
Chapter, is so registered and licensed; and
(ii) the registration certificate, and if the motor vehicle is required to be licensed, the
motor vehicle licence, accompanies the motor vehicle concerned; or
(b) acquire or take delivery of a motor vehicle if the motor vehicle may not be disposed of or
delivered or traded with in terms of paragraph (a).
(2) If a motor vehicle forms part of the estate of a deceased person, the executor or executrix of
the estate shall ensure that the motor vehicle is registered and licensed if required to be registered
and licensed in terms of this Chapter, and that the registration certificate, and if the motor vehicle is
required to be licensed, the motor vehicle licence, accompanies the motor vehicle concerned.
(3) If there is a change of title holder of a motor vehicle, except in the case where the current
title holder has been authorised access to the register of motor vehicles and to update the
register of motor vehicles, the current title holder of such motor vehicle shall-
(a) complete the relevant portion of form NCO as shown in Schedule 2;
(b) if the owner of the motor vehicle is the buyer of the motor vehicle concerned, complete
the relevant portion of such form on behalf of such owner. If the owner of the motor
vehicle is not the buyer of the motor vehicle concerned, the current title holder of such
vehicle shall ensure that the new title holder completes the relevant portion of such form.
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 Provided that if the current title holder cannot ensure the completion of the relevant
portion of the form by the new title holder, the current title holder shall complete the
relevant portion of such form on behalf of the new title holder and shall attach an affidavit
to this effect to the form;
(c) forward the form referred to in paragraph (a) to the appropriate registering authority
forthwith; and
(d) hand over the registration certificate concerned to the new title holder, but where the
owner is in possession of such certificate, that owner shall hand over that certificate to
the new title holder.
(4) If there is a change of owner of a motor vehicle, the current owner of such motor vehicle shall
notify the registering authority where such motor vehicle is licensed of such change, on form NCO
as shown in Schedule 2.
(5) On receipt of a notification referred to in subregulation (3) or (4), the registering authority—
(a) shall ensure that such notification is in order;
(b) shall update the particulars pertaining to the motor vehicle concerned in the register of
motor vehicles; and
(c) may acknowledge receipt of such notice on form ARN as shown in Schedule 2.
(6) For the purposes of this regulation, every branch of a business or body of persons referred to
in paragraph (a)(ii), (iii) and (iv) of the definition of “appropriate registering authority” in regulation 1,
shall be deemed to be a title holder or owner, as the case may be.
(7) if there is a change of title holder of a motor vehicle, where the current title holder has
access to the electronic notice of change of ownership transaction, the current title holder of
such motor vehicle shall perform the electronic notice of change of ownership transaction and
enter the particulars of the new title holder.
(8) if the current owner is identified as a new title holder as contemplated in subregulation (7) then
no liability to register such motor vehicle shall arise and the current owner will become the new title
holder of the motor vehicle.

Reg 53A. Display of motor vehicle for sale on premises of motor dealer
No motor dealer shall display a motor vehicle for the purpose of sale on his or her premises unless
such motor vehicle has been registered into his or her name as dealer stock.

Reg 54. Procedure if motor vehicle is stolen

(1) If a motor vehicle is stolen, the owner of such motor vehicle shall—
(a) report the theft to the South African Police Service, within 24 hours after he or she has
become aware of such theft;
(b) notify the title holder forthwith of the theft;
(c) within seven days after the date upon which he or she has become aware of the theft, if
the motor vehicle concerned has not been recovered during such period, notify the
appropriate registering authority of such theft by forwarding form CNV as shown in
Schedule 2, to such registering authority; and
(d) submit the registration certificate of the motor vehicle concerned to the registering
authority concerned, if such certificate is in such owner’s possession.
(2) A change of title holder or owner of a motor vehicle reported stolen shall not be recorded in
the register of motor vehicles unless such change results from—
(a) an agreement of indemnity against the theft of such motor vehicle; or
(b) an agreement between the owner and the title holder of such motor vehicle.
(3) The title holder of the motor vehicle referred to in subregulation (1) shall—

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 (a) within three months after the date on which he or she was notified of the theft, notify the
appropriate registering authority of such theft on form ADV as shown in Schedule 2; and
(b) if the registration certificate of such motor vehicle has not been submitted by the owner
under subregulation (1)(d), submit such certificate and the notification referred to in
paragraph (a) to the appropriate registering authority.
(4) On receipt of the notification referred to in subregulation (1)(c) or (3)(a), the registering
authority shall—
(a) ensure that such notification is in order;
(b) update the particulars pertaining to the motor vehicle concerned in the register of motor
vehicles;
(c) in the case of the notification referred to in subregulation (3)(a), issue a deregistration
certificate on form VDC as shown in Schedule 2, to the title holder of the motor vehicle
concerned; and
(d) issue an acknowledgement of receipt of the notification referred to in subregulation (1)(c)
on form ARN as shown in Schedule 2.
(5) If a registering authority has in terms of subregulation (4)(d) acknowledged receipt of the
notification referred to in subregulation (1)(c), or if the owner reported the theft to the South African
Police Service, the owner of the motor vehicle concerned is exempt from liability for the licensing of
such motor vehicle, with effect from the first day of the month following the month in which such
acknowledgment was issued, or following the month in which the owner reported the theft, as the
case may be: Provided that a period during which the owner of such motor vehicle was unable to
notify the appropriate registering authority or the South African Police Service, due to circumstances
beyond his or her control, shall be disregarded.
(6) If the motor vehicle referred to in subregulation (1) is recovered after an acknowledgement of
receipt has been issued as contemplated in subregulation (4)(d) and prior to the issue of a
deregistration certificate as contemplated in subregulation (4)(c), the owner of such motor vehicle
shall—
(a) within 24 hours after such recovery, notify the South African Police Service thereof;
(b) notify the title holder and the appropriate registering authority forthwith of such recovery;
and
(c) apply for the licensing of such motor vehicle as referred to in regulation 24, which
application shall be accompanied by a South African Police Service clearance of the
motor vehicle, and written confirmation by the South African Police Service that the
licence number has been cleared for further use.
(7) If the application for licensing referred to in subregulation (6)(c) is not accompanied by the
written confirmation by the South African Police Service that the licence number has been cleared
for further use, the registering authority shall allocate a new licence number to the motor vehicle
concerned and the owner is liable for any costs incurred in this regard.
(8) The MEC concerned may decide to allocate another licence number or decide that another
personalised licence number be allocated in terms of regulations 25(2)(b), 25(3)(c), 27(3), 27(5),
28(5) or 29 to a motor vehicle which has been stolen as contemplated in subregulation (1) and the
registering authority shall not be liable for any costs incurred in this regard.
(9) The licence number or personalised licence number allocated to a motor vehicle at the time a
deregistration certificate is issued as contemplated in subregulation (4) (c), shall not be allocated to
any motor vehicle in terms of regulations 25(2)(b), 25(3)(c), 27(3), 27(5), 28(5) or 29 until such time
as the South African Police Service has released such licence number for allocation to a motor
vehicle.

Reg 55. Procedure if motor vehicle becomes permanently unfit for use as motor vehicle
(1) If a motor vehicle becomes permanently unfit for use as a motor vehicle, the owner of such
motor vehicle shall—
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 (a) notify the title holder forthwith thereof;
(b) within three months after the date on which such motor vehicle has become so unfit notify
the appropriate registering authority, on form CNP or MVR1A as shown in Schedule 2,
that such motor vehicle is permanently unfit for use as a motor vehicle; and
(c) submit the registration certificate of the motor vehicle concerned, if such certificate is in
such owner’s possession.
(2) The title holder of a motor vehicle referred to in subregulation (1) shall—
(a) within three months after the date on which such motor vehicle has become permanently
unfit for use, notify the appropriate registering authority, on form ADV as shown in
Schedule 2, that such motor vehicle is permanently unfit for use as a motor vehicle;
(b) within three months after the date on which such motor vehicle has been permanently
demolished, notify the appropriate registering authority, on form ADV1 as shown in
Schedule 2, that such motor vehicle has been permanently demolished;
(c) if the registration certificate of such motor vehicle has not been submitted by the owner
in terms of subregulation (1)(c), submit such certificate or the certificate referred to in
regulation 13B (2)(d) and the notification referred to in paragraph (a) or (b) to the
appropriate registering authority;
(d) submit an affidavit containing the details of the vehicle being deregistered as demolished
and the reasons thereof; or
(e) submit a certification of demolition containing the details of:
(i) where the vehicle was demolished;
(ii) the date when the vehicle was demolished; and
(iii) the name and address of the body that operates the demolition equipment.
(3) On receipt of a notification referred to in subregulation (1)(b), (2)(a), (2)(b), (6)(a) or (7)(a), the
registering authority shall—
(a) ensure that the notification is in order;
(b) update the particulars pertaining to the motor vehicle in the register of motor vehicles;
(c) issue an acknowledgement of receipt of the notification referred to in subregulation (1)(b)
or subregulation (6)(a), on form ARN as shown in Schedule 2 to the owner; and
(d) in the case of the notification referred to in subregulation (2)(a), (2)(b) or (7)(a) issue a
deregistration certificate on form VDC as shown in Schedule 2 to the title holder of the
motor vehicle concerned.
(4) If a registering authority has in terms of subregulation (3)(c), acknowledged receipt of the notice
referred to in subregulation (1)(b), the owner of the motor vehicle concerned is exempt from liability
for the licensing of such motor vehicle, with effect from the first day of the month following the month
in which such acknowledgement was issued: Provided that a period during which the owner of such
motor vehicle was unable to notify the appropriate registering authority due to circumstances beyond
his or her control, shall be disregarded.
(5) If a motor vehicle record has been updated in terms of subregulation (3)(b), the record of the
motor vehicle may be moved to the archive of the register on any date five years after the date on
which such update took place.
(6) If a motor vehicle has been permanently demolished and the notification of such demolishment
has not been indicated in the notification referred to in subregulation (1)(b), the owner of such motor
vehicle shall, within three months after the date on which such motor vehicle has been permanently
demolished-
(a) notify the appropriate registering authority, on form CNV as shown in Schedule 2, that
such motor vehicle has been permanently demolished; and
(b) if not already, comply with all requirements of subregulation (1).
(7) If a motor vehicle has been permanently demolished and the notification of such demolishment
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has not been indicated in the notification referred to in subregulation 2(a) or 2(b), the title holder of
such motor vehicle shall, within three months after the date on which such motor vehicle has been
permanently demolished—
(a) notify the appropriate registering authority, on form ADV1 as shown in Schedule 2, that
such motor vehicle has been permanently demolished; and
(b) if not already, comply with all requirements of subregulation (2).

Reg 55A. Procedure if motor vehicle is impounded by South African Police Service
(1) If a motor vehicle is impounded by the South African Police Service, the owner of such motor
vehicle shall—
(a) notify the title holder forthwith of the impoundment;
(b) within three months after the date on which such motor vehicle has been impounded,
notify the appropriate registering authority thereof on form CNV or MVR1A as shown in
Schedule 2; and
(c) submit a receipt issued by the South African Police Service which indicates that the said
motor vehicle was impounded and the period for which the vehicle is impounded, to the
registering authority.
(2) Upon receipt of the notification and receipt referred to in subregulation (1), the registering
authority shall—
(a) ensure that the notification is in order;
(b) update the particulars pertaining to the motor vehicle in the register of motor vehicles;
and
(c) issue an acknowledgment of receipt of the notification on form ARN as shown in
Schedule 2, to the owner.
(3) Notwithstanding any provision to the contrary contained in these regulations, if a registering
authority has in terms of subregulation (2)(c) acknowledged receipt of the notice referred to in
subregulation (1)(b), the owner of the motor vehicle concerned is exempt from liability for the
licensing of such motor vehicle with effect from the first day of the month following the month in which
such acknowledgment was issued, until the first day of the month following the month in which the
vehicle was released by the South African Police Service: Provided that a period during which the
owner of such motor vehicle was unable to notify the appropriate registering authority due to
circumstances beyond his or her control, shall be disregarded.

Reg 56. Number to be affixed to motor vehicle

(1) Every motor vehicle shall have a chassis number of not more than 17 alpha-numerical
characters which shall be cut, stamped, embossed on or permanently affixed to such motor vehicle
and, if applicable, an engine number of not more than 20 alpha-numerical characters which shall be
cut, stamped, embossed on or permanently affixed to the engine of such motor vehicle.
(1A) A motor vehicle registered for the first time in the Republic on or after 1 September 2012, shall
be fitted with microdots which comply with the requirements of standard specification SANS 534-1
"Vehicle security - Whole of vehicle marking Part 1: Microdot systems.
(2) The chassis number of every motor car, minibus, bus or goods vehicle registered for the first
time on or after 1 January 1996, shall comply with the following standard specifications:
(a) SABS/ISO 3779: “Road vehicles - Vehicle identification number (VIN) - Content and
structure;
(b) SABS/ISO 4030: “Road vehicles - Vehicle identification number (VIN) - Location and
attachment;
(c) SABS/ISO 3780: “Road vehicles - World Manufacturer identifier (WMI) code.
(3) The title holder of a motor vehicle—
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 (a) which does not bear a chassis number;
(b) which, if it is a self-propelled vehicle, does not bear an engine number;
(c) which does not bear both the numbers referred to in paragraphs (a) and (b), if applicable;
(d) of which the number referred to in paragraph (a) or (b), appears on another motor vehicle;
and
(e) of which the number referred to in paragraph (a) or (b) is altered, defaced or obliterated,
shall tender such motor vehicle to the South African Police Service.
(4) The South African Police Service shall, upon payment of the appropriate fees as determined
by the MEC who is concerned with road traffic matters, in consultation with the MEC who is
concerned with safety and security matters, issue a new chassis or engine number or a new chassis
and engine number, whatever the case may be, in respect of the motor vehicle referred to in
subregulation (3).
(5) The title holder of a motor vehicle referred to in subregulation (3) shall—
(a) cause the number issued by the South African Police Service as referred to in
subregulation (4) to be cut, stamped, embossed on or permanently affixed to such motor
vehicle; and
(b) obtain clearance from the South African Police Service in respect of the number referred
to in paragraph (a).
(c) Apply microdots to such motor vehicle in accordance with the requirements of SANS
534-1 if not already fitted with microdots complying with requirements of SANS 534-1.
(6) The number referred to in subregulation (5) shall be the chassis or engine number, or chassis
and engine number, whatever the case may be, of the motor vehicle concerned.
(7) The title holder referred to in subregulation (5) shall furnish the registering authority with the
clearance referred to in that subregulation and with the registration certificate of the motor vehicle
concerned.
(8) The registering authority concerned shall issue a new registration certificate to the title holder
upon payment of the appropriate fees for a duplicate document, as determined by the MEC of the
province concerned, which reflects the number referred to in subregulation (5).

Reg 56A. Vehicle Identification Number to be affixed to a motor vehicle

No person shall operate on a public road a motor vehicle first registered in the Republic on or after 1
December 2015, unless such motor vehicle is fitted with a metal plate or a self-adhesive tamperproof
metal or plastic label, where the vehicle identification number as contemplated in regulation 56 is
clearly imprinted or stamped and such plate or plastic label shall be affixed in an accessible place on
a door post, under the bonnet or on the frame of the vehicle concerned or in the case of a trailer, on
the left side thereof in any conspicuous place, which shall not be removed, altered, obliterated or
mutilated and which cannot be transferable from one vehicle to another:

Provided that a vehicle with a combined vehicle identification number and mass data plate complies
with the requirements of this regulation.

Reg 57. Penalties for late registration or licensing

(1) If an application for the registration or licensing of a motor vehicle or licensing of a motor trade
number is not made within the period determined in this Chapter, the title holder, owner or holder,
as the case may be, shall pay a penalty to the appropriate registering authority, calculated at one
tenth of the appropriate fees as determined by the MEC of the province concerned, for every month
or part of a month during which the fees remain unpaid: Provided that such penalty shall not exceed
the total amount of the appropriate fees.
(2) The payment by the title holder or owner of a motor vehicle or holder of a motor trade number
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of the registration or licence fees or motor trade number licence fees, as the case may be, as well
as the penalty referred to in subregulation (1), shall not relieve such title holder, owner or holder from
prosecution for his or her failure to register or licence such motor vehicle or motor trade number
timeously, nor shall such a prosecution relieve such title holder, owner or holder of the liability to pay
the appropriate fees for registration or licensing, as well as the penalty referred to in subregulation
(1).
(3) The title holder or owner of a motor vehicle or the holder of a motor trade number who submits
an application on the appropriate form to the appropriate registering authority for the registration or
licensing of a motor vehicle or motor trade number, as the case may be, together with the appropriate
fees within the time allowed, but fails to furnish any relevant document or particulars which may be
required by the registering authority, shall, notwithstanding anything to the contrary contained in this
regulation, not be liable for any penalty if such registering authority is satisfied that such failure was
due to circumstances beyond the control of such title holder, owner or holder.
(4) If the MEC concerned is satisfied that payment of registration or licence fees or motor trade
number licence fees was delayed by a cause beyond the control or was not due to any fault on the
part of the title holder or owner of a motor vehicle or holder of a motor trade number, he or she may
direct that a penalty paid in respect of the registration or licensing, or so much thereof as the
circumstances appear to him or her to justify, shall be refunded to such title holder, owner or holder.
(5) Penalties or fees payable in respect of the registration or licensing of a motor vehicle or motor
trade number, as the case may be, in terms of this Chapter, shall be a debt due to the MEC
concerned and may be recovered in a competent court by a registering authority on behalf of the
MEC concerned.

Reg 58. Registration and licence fees not payable in respect of certain vehicles
Notwithstanding anything to the contrary contained in these regulations, registration and licence fees
are not payable in respect of a motor vehicle—
(a) certified by the Chief of the South African Defence Force as owned by a friendly State
and intended exclusively for military purposes in the Republic; or
(b) of which the owner is a foreign government, a diplomat representing a foreign country,
an international or intergovernmental organisation or any person or class of persons as
the Minister of Foreign Affairs may determine.

Reg 59. Arrear fees for licensing of motor vehicle or motor trade number
(1) If application is made for the licensing of a motor vehicle or motor trade number in a month
following the month in which liability for the licensing of such motor vehicle or motor trade number
arose, arrear licence fees, calculated at one twelfth per month of the annual licence fees from the
first day of the month in which liability for such licensing arose until the last day of the month
preceding the month in which application is made, shall be payable.
(2) If a person who owes any penalties or fees in terms of the provisions of this Act to any
registering authority or driving licence testing centre, applies for any transaction, the registering
authority or driving licence testing centre to whom such application is made, may refuse to effect the
transaction applied for or, in the case of an application for the licensing of a motor vehicle at a
registering authority, refuse to issue a licence disc to the applicant, until such penalties and fees
have been paid, and may apply any amount tendered in settlement of such penalties and fees due.
(3) If a person who has committed an offence in terms of this Act failed to appear in a Court of
Law and as a result of such failure a warrant of arrest of such person has been issued, applies for
any transaction, the registering authority or driving licence testing centre to whom such application
is made, may refuse to effect the transaction applied for or, in the case of an application for the
licensing of a motor vehicle at a registering authority, the registering authority may refuse to issue a
licence disc to the applicant.

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Reg 60. Period of grace
Where, in terms of the provisions of this Chapter, provision is made for a period within which an
application shall be made, such period shall be construed as a period of grace allowed to the
applicant during which he may make such application without being liable for a penalty referred to in
regulation 57 or prosecution for not making such application timeously.

Reg 61. Procedure when cheque is dishonoured

(1) If any penalties or fees payable for a transaction in terms of the provisions of this Chapter are
paid by cheque and such cheque is dishonoured on presentation, the registering authority concerned
may notify the person concerned thereof in writing and unless the person concerned honours such
cheque within the period allowed by the authority concerned, the registering authority shall record a
levy as determined by the MEC of the province concerned on the account of the applicant concerned,
and—
(a) in the case of the licencing of a motor vehicle where a change of title holder or owner
has not taken place, amend the register of motor vehicles by replacing the date of expiry
of the motor vehicle licence with which the person concerned was issued upon payment
of the dishonoured cheque (hereafter referred to as the “new licence”) with the date of
expiry of the motor vehicle licence which the person held before he or she was issued
with the new licence, upon which the new licence shall be deemed to be invalid;
(b) in the case of the licencing of a motor vehicle where a change of title holder or owner
has taken place, or in the case of the registration of a motor vehicle, record the
outstanding amount on the account of the applicant concerned in the register of motor
vehicles;
(c) in the case of the licencing of a motor trade number where a change of the holder of a
motor trade number has not taken place, amend the register of motor trade numbers by
replacing the date of expiry of the motor trade number licence with which the person
concerned was issued upon payment of the dishonoured cheque (hereafter referred to
as the “new motor trade number licence”) with the date of expiry of the motor trade
number licence which the person held prior to being issued with the new motor trade
number licence, upon which the new motor trade number licence shall be deemed to be
invalid;
(d) in the case of the licencing of a motor trade number where a change of holder of a motor
trade number has taken place, or in the case of the issue of a motor trade number, record
the outstanding amount on the account of the applicant concerned in the register of motor
trade numbers;
(e) in the case of all other transactions, record the outstanding amount on the account of the
applicant concerned.
(2) The amount and the levy referred to in subregulation (1), shall be recovered by the registering
authority in a manner determined by the MEC concerned.
(3) The MEC concerned may record in the register of motor vehicles or in the register of motor
trade numbers, that any future payments by way of a cheque by the applicant concerned shall be
refused.

Reg 62. Duty to furnish information

(1) Any person requested by the Director-General: Provincial Administration concerned, a traffic
officer, an inspector of licences, an examiner of vehicles, or the chief executive officer to furnish
information regarding a motor vehicle or a motor vehicle body which is or may have been at any time
in his or her possession, shall furnish such information.
(2) A person shall furnish such information as may be required by the Director-General: Provincial
Administration concerned, a traffic officer, an inspector of licences, an examiner of vehicles or the
chief executive officer regarding any matter in respect of which such person has a responsibility in
terms of the Act.
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Reg 63. Duty of registering authority in respect of records
(1) A registering authority shall keep a file for every motor vehicle it registers or licenses, and for
every motor trade number such registering authority issues and licenses.
(2) The registering authority shall record all the transactions such registering authority effects in
the applicable register and keep record of such transactions.

Reg 64. Confirmation of information in respect of motor vehicle

(1) A person may apply to a registering authority, other than the registering authority of the South
African Police Service, on form ACV as shown in Schedule 2, for a confirmation certificate in respect
of a motor vehicle.
(2) The application referred to in subregulation (1) shall be accompanied by—
(a) the acceptable identification of the applicant and, in the case of a body of persons, that
of its proxy and representative and a letter of proxy; and
(b) the appropriate fees as determined by the MEC of the province concerned.
(3) On receipt of the application referred to in subregulation (1), the registering authority shall, if
satisfied that the application is in order, issue a confirmation certificate on form MVI as shown in
Schedule 2.

Reg 64A. Manner of application for registration as an external road traffic register user
(1) An application for registration as an external road traffic register user shall be made in writing
with a detailed motivation to the Minister.
(2) An application, referred to in subregulation (1) shall be accompanied by-
(a) the acceptable identification of the applicant and that of its proxy and representative and
a letter of proxy; and
(b) any other additional information or documents as may be required by the Minister.

Reg 64B. Manner of registration as an external road traffic register user

(1) On receipt of the application referred to in regulation 64A, the Minister shall-
(a) ensure that such application is in order;
(b) require the Department to-
(i) evaluate the applicant; and
(ii) submit a recommendation in respect of the registration of the applicant;
(c) require the designated officer of the South African Police Service as appointed by the
Vehicle Identification Section and Safeguarding Unit to submit a report, in respect of the
applicant, and such report may contain any prior convictions recorded against the
applicant and the nature of such convictions, and any such official is hereby authorised
to report accordingly;
(d) with due regard to the evaluation and recommendations of the Department and the South
African Police Service, satisfy himself or herself that the applicant is suitable to be
registered; and
(e) after consultation with the MECs, inform the applicant of his or her decision.
(2) If the Minister is satisfied that the applicant may be registered as an external road traffic
register user, the Minister shall-
(a) register the applicant subject to the condition as is prescribed in regulation 64C and,
such other conditions as the Minister deems fit;
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 (b) record the particulars pertaining to such applicant in the register of external road traffic
register users; and
(c) issue to such applicant a letter of confirmation of registration, which shall include the
conditions referred to in paragraph (a).
(3) If the Minister is not satisfied that the applicant may be registered as an external road traffic
register user, the Minister shall notify such applicant accordingly.

Reg 64C. Conditions for registration as an external road traffic register user

The Minister shall require as a condition of registration that the external road traffic register user
must sign a contract which stipulates the provisions that the external road traffic register user must
comply with.

Reg 64D. Manner of suspension or cancellation of registration as an external road traffic

register user

(1) If the Minister intends to suspend or cancel the registration of an external road traffic register
user, he or she shall notify such external road traffic register user of such intention and the reason
therefore.
(2) The external road traffic register user referred to in subregulation (1), may, within 14 days from
the date of issue of such notification submit a written representation to the Minister.
(3) The Minister shall after due consideration of any representation made in terms of subregulation
(2), if any-
(a) cancel the registration of the external road traffic register user concerned, or suspend
such registration for such period as he or she may deem fit; or
(b) not cancel or suspend the registration of the external road traffic register user concerned,
and notify the external road traffic register user accordingly.
(4) The external road traffic register user, of which the registration has been cancelled, shall within
14 days after having been notified of such cancellation, submit to the Minister the certificate of
registration.
(5) In the case where an external road traffic register user no longer desires to be registered as
such, he or she shall, in writing, notify the Minister.

Reg 65. Exporting of motor vehicle

(1) If the owner of a motor vehicle, other than a manufacturer, importer or builder of a new motor
vehicle, intends to export such motor vehicle, such owner shall obtain a written authorisation from
the title holder of the intent to export such motor vehicle.
(2) On presentation of the written authorisation as referred to in subregulation (1), the appropriate
registering authority shall refer the motor vehicle concerned for a South African Police Clearance.
(3) The owner of the motor vehicle referred to in subregulation (1), shall notify the appropriate
registering authority accordingly on form CNV as shown in Schedule 2, and such notification shall
be accompanied by a South African Police Service clearance in respect of such vehicle as referred
to in subregulation (2).
(4) On receipt of notification referred to in subregulation (3) and the South African Police Service
clearance referred to in subregulation (2), the registering authority shall -
(a) update the particulars pertaining to such motor vehicle in the register of motor vehicles;
and
(b) acknowledge receipt of such notification on form ARN as shown in Schedule 2.

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(5) If a registering authority has in terms of subregulation (4) (b), acknowledged receipt of the
notice referred to in subregulation (3), the owner of the motor vehicle concerned is exempt from
liability for the licensing of such motor vehicle, with effect from the first day of the month following
the month in which such acknowledgement was issued: Provided that a period during which the
owner of such motor vehicle was unable to notify the appropriate registering authority due to
circumstances beyond his or her control, shall not be taken into consideration.
(6) If a motor vehicle record has been updated in terms of subregulation (4) (a), the record of the
motor vehicle shall be moved to the archive of the register on any date five years after the date on
which such update took place.

Reg 66. Manner in which mass measuring certificate to be obtained

(1) A mass measuring certificate issued on a form similar to form MMC, or on form MMC as shown
in Schedule 2, shall be obtained by the applicant at his or her own expense from a person in charge
of a registered weighbridge facility.
(2) The tare of a motor vehicle referred to in subregulation (1), shall be determined in the presence
of a registered weighbridge operator employed at the facility referred to in subregulation (1).
(3) A mass measuring certificate issued under this regulation shall contain the following
information:
(a) The chassis number expressed in not more than 17 alpha-numerical characters;
(b) the licence number of the motor vehicle, if applicable;
(c) a general description of the motor vehicle;
(d) the tare of the motor vehicle expressed in kilograms in not more than 5 figures;
(e) the name and address of the body that operates the mass measuring equipment;
(f) the name and identity number of the person referred to in subregulation (2);
(g) the date on which the motor vehicle was weighed; and
(h) the name of the registering authority that approved the mass measuring equipment as
contemplated in subregulation (1).

Reg 67. Manufacturer, builder or importer to provide certificate

A manufacturer, builder or importer, as the case may be, shall, when disposing of a motor vehicle
manufactured, built or imported by him or her, furnish the new title holder of such motor vehicle with
the certificate referred to in regulation 8(2)(e).

Reg 68. Registration certificate to be submitted by owner and title holder under certain
circumstances
(1) Notwithstanding the provisions of regulation 52(3), the owner of a motor vehicle shall, if in
possession of a registration certificate issued under road traffic legislation previously applicable,
hand over such certificate to the appropriate registering authority or new title holder, as the case
may be.
(2) Notwithstanding the provisions of regulations 54(3)(b) and 55(2)(b), if the owner is in
possession of the registration certificate concerned issued under road traffic legislation previously
applicable, he or she shall submit such certificate to the title holder.

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 Motor Trade Numbers

Reg 69. Motor vehicles may be operated under motor trade number under certain
circumstances
► Comment: A motor trade number is generally referred to as a garage plate.

(1) Notwithstanding any provisions to the contrary contained in Chapter III of the Act, a registered
manufacturer, builder or importer, a motor transport contractor or motor dealer, may on a public road
operate a motor vehicle which is to be registered and licensed in the Republic in terms of Chapter III
of the Act but has not been registered and licensed or is registered in terms of Chapter III of the Act
but not licensed and which may not otherwise be operated on a public road, under a motor trade
number issued in terms of this Part for the purposes of—
(a) delivery of such motor vehicle within the Republic, by a motor transport contractor, in the
course of his or her business;
(b) delivery within the Republic, sale, exchange, repair or building of a permanent structure
on such motor vehicle by a motor dealer;
(c) delivery within the Republic or testing by the manufacturer, importer or builder of such
motor vehicle or;
(d) reaching an examiner of vehicles, for the purpose of examination and testing by such
examiner of vehicles.

Provided that in the case where such motor vehicle is loaded onto another motor vehicle and if any
part of the motor vehicle loaded onto such other motor vehicle, is operated on a public road, the
motor vehicle loaded onto the other motor vehicle shall display a motor trade number in the
prescribed manner; and

(2) A person who is a bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990), and who is a
credit grantor in respect of a motor vehicle which—
(a) is subject to an instalment sale transaction, or a leasing transaction; and
(b) it desires to operate on a public road for the purpose of repossessing such motor vehicle,
may, if such motor vehicle may not otherwise be so operated, operate such motor vehicle on a public
road under a motor trade number issued in terms of this Part.
(3) No person shall operate a motor vehicle under a motor trade number, except for the purposes
referred to in this regulation.
(4) No person shall operate a motor vehicle not intended to be registered in the Republic in terms
of provisions of this Act, under a motor trade number.

Reg 70. Manner of application for motor trade number

(1) An application for a motor trade number shall be made to the appropriate registering authority
on form MTN 1 as shown in Schedule 2, and shall be accompanied by—
(a) acceptable identification of the applicant and, if the applicant is a body of persons, that
of its proxy and representative and a letter of proxy; and
(b) the appropriate fees as determined by the MEC of the province concerned and if
applicable, the penalties and arrear fees referred to in regulations 57 and 59.
(2) The applicant referred to in subregulation (1), shall indicate the number of motor trade numbers
he or she desires to be issued with, and the purpose for which he or she desires to be issued with
such motor trade numbers.

Reg 71. Motor trade number system

(1) The MEC concerned may, subject to subregulation (2), by notice in the Provincial Gazette
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establish a motor trade number system for the province concerned.
(2) A motor trade number system established in terms of subregulation (1), shall consist of—
(a) the letter “A” followed by two letters, three figures and the licence mark of the province
concerned as contemplated in regulation 27(1); or
(b) three or four figures followed by the licence mark of the registering authority as
contemplated in regulation 27(2)(a)(i);
but shall not consist of vowels, except the letter “A” as referred to in paragraph (a), or the letter “Q”.

Reg 72. Manner of issue of motor trade number

(1) On receipt of the application for a motor trade number, the registering authority—
(a) shall satisfy itself that the applicant is entitled to be issued with a motor trade number;
and
(b) may, and if the applicant so requires, shall, issue an assessment showing the penalties
and fees payable in terms of regulation 70(1)(b), for the issue of a motor trade number.
(2) On submission of the amount referred to in subregulation (1), the registering authority shall,
subject to the provisions of regulation 59(2), upon payment of the fees and penalties referred to in
subregulation (1), and if satisfied that the application is in order—
(a) record the particulars in relation to the applicant in the register of motor trade numbers;
(b) issue on form MTN 2 as shown in Schedule 2, on the conditions as such registering
authority may deem expedient, as many motor trade number registration certificates as
applied for; and
(c) if the application is refused, notify the applicant accordingly.

Reg 73. Motor trade number to be licensed

Every motor trade number issued in terms of regulation 72, shall be licensed by the holder of such
motor trade number in accordance with the provisions of this Part, with the appropriate registering
authority.

Reg 74. Date on which motor trade number to be licensed

(1) Liability for the licensing of a motor trade number referred to in regulation 73, shall arise on—
(a) the date of issue of the motor trade number registration certificate referred to in regulation
72; or
(b) the first day of the month following the date of expiry of the licence of the motor trade
number in terms of regulation 77.
(2) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred
to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, in the
absence of evidence to the contrary, be deemed to be the date referred to in the said subregulation.

Reg 75. Manner of application for a motor trade number licence

(1) An application—
(a) for the licensing of a motor trade number shall be made by the holder of such motor trade
number, simultaneously with and on the same form as the application for a motor trade
number referred to in regulation 70(1); or
(b) for a new motor trade number licence shall be made by the holder of such motor trade
number licence within 21 days after the date of liability referred to in regulation 74(1)(b)
on the form referred to in regulation 70(1).
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(2) The application referred to in subregulation (1) shall be accompanied by the appropriate fees
as determined by the MEC of the province concerned and if applicable, the penalties and arrear fees
referred to in regulations 57 and 59.

Reg 76. Manner of licensing of motor trade number

(1) On receipt of the application for the licensing of a motor trade number the registering authority
may, and if the applicant so requires, shall, issue an assessment showing the appropriate fees as
determined by the MEC of the province concerned and if applicable the penalties and arrear fees
referred to in regulations 57 and 59 for the licensing of the motor trade number concerned.
(2) The registering authority shall, subject to the provisions of regulation 59(2), upon payment of
the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order—
(a) licence the motor trade number;
(b) update the particulars in relation to the motor trade number concerned in the register of
motor trade numbers;
(c) issue a motor trade number licence on form MTN3 as shown in Schedule 2; and
(d) as proof of the possession of such motor trade number licence, subject to the provisions
of regulation 78(5), issue a motor trade number licence disc on form MTN3 as shown in
Schedule 2, which shall be completed in black non-fading ink.

Reg 77. Period of validity of motor trade number licence and motor trade number licence
disc
(1) Subject to subregulation (2), a motor trade number licence and motor trade number licence
disc shall be valid for a period of 12 months from the first day of the month in which such licence or
disc was issued and the date of expiry of such motor trade number licence shall be shown on the
motor trade number licence and such licence disc.
(2) If the holder of such motor trade number applies for a new motor trade number licence and
motor trade number licence disc as contemplated in regulation 75(1)(b) before the expiry date of the
current licence and licence disc, the period of validity of the new licence and licence disc shall be
calculated from the first day of the month which follows on the expiry date of the current licence and
licence disc.

Reg 78. Motor trade number licence assessment

(1) If the MEC concerned deems it expedient, he or she may forward a motor trade number licence
assessment to the postal address of the holder of a motor trade number, on form MVL2 as shown in
Schedule 2, for a new motor trade number licence.
(2) For the purpose of an application for a new motor trade number licence upon receipt of the
motor trade number licence assessment, the holder shall submit such assessment together with the
appropriate fees as determined by the MEC of the province concerned and penalties and arrear fees
referred to in regulations 57 and 59, to the appropriate registering authority and such submission
shall serve as an application for a new motor trade number licence.
(3) The registering authority shall, on submission of the appropriate fees and penalties and arrear
fees referred to in subregulation (2), and if the application is in order, licence the motor trade number
in the manner contemplated in regulation 76(2).
(4) If the holder did not receive the motor trade number licence assessment referred to in
subregulation (1), such holder shall apply for a new motor trade number licence in the manner
contemplated in regulation 75(1)(b).
(5) If a motor trade number is required to be licensed in terms of the provisions of this Part and an
application for the licensing of such motor trade number is not received within three months from the
date of expiry referred to in regulation 77, the registering authority shall cancel such motor trade
number.
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(6) The cancellation of a motor trade number in terms of subregulation (5), shall not exempt the
holder of such motor trade number from the liability for the payment of the penalties and arrear
licence fees referred to in regulations 57 and 59.

Reg 79. Procedure for change of particulars of holder of motor trade number
(1) If the postal or street address, proxy or representative of the holder of a motor trade number
changes, such holder shall, within 21 days after such change—
(a) notify the appropriate registering authority of such change on form NCP or MTN1 as
shown in Schedule 2; and
(b) submit proof, in terms of regulation 32A(3), of such change.
(2) If the name or identification number as reflected in the acceptable identification of the holder
of a motor trade number changes, such holder shall within 21 days from such change—
(a) notify the appropriate registering authority of such change on form MTN1 or NCP as
shown in Schedule 2;
(b) submit the new acceptable identification; and
(c) submit every motor trade number registration certificate issued to him or her.
(3) Where the proxy or representative of the holder of a motor trade number changes, the notice
referred to in subregulation (1), shall be accompanied by the acceptable identification of the new
proxy or representative and a new letter of proxy.
(4) On receipt of the notification referred to in subregulation (1) or (2), the registering authority
shall—
(a) ensure that such notification is in order;
(b) update the particulars in relation to the person or body of persons concerned in the
register of motor trade numbers;
(c) ….. (deleted)
(d) in the case of a notification in terms of subregulation (2), issue a new motor trade number
registration certificate to the holder upon payment of the appropriate fees for the issue
of a duplicate document as determined by the MEC of the province concerned..
(5) If a motor trade number is held by a partnership and one of the partners dies or ceases to be
a partner of such partnership or a new partner is admitted thereto, or if a person obtains from the
estate of a deceased spouse the business of a—
(a) motor transport contractor;
(b) manufacturer;
(c) builder;
(d) importer;
(e) motor dealer; or
(f) bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990),
and a motor trade number is in force in respect of such partnership or business, every such motor
trade number shall, notwithstanding any provisions to the contrary contained in this Part, remain in
force for the unexpired period of the motor trade number licence concerned, in respect of such
partnership or business and that partnership or new owner of the business shall be deemed to be
the holder of the motor trade number.

Reg 80. Cancellation of motor trade number

(1) Whenever the holder of a motor trade number has, in the opinion of the MEC concerned,
contravened a provision of this Chapter in the course of carrying on the business of a motor transport
contractor, manufacturer, builder, importer, motor dealer or bank, as defined in the Banks Act, 1990
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(Act No. 94 of 1990), as the case may be, such MEC may cancel such number.
(2) If a motor trade number referred to in subregulation (1) has been cancelled, the holder of such
number shall forthwith surrender the motor trade number registration certificate, motor trade number
licence, motor trade number licence disc and the plate referred to in regulation 82 to the appropriate
registering authority for the defacement of such registration certificate and such licence and the
destruction of such licence disc.
(3) If—
(a) the holder of a motor trade number no longer requires such number; or
(b) the holder of a motor trade number ceases to carry on the business referred to in
subregulation (1),
such holder shall forthwith apply to the appropriate registering authority on form MTN1 as shown in
Schedule 2, for the cancellation of such motor trade number and such application shall be
accompanied by the relevant motor trade number registration certificate, motor trade number licence,
motor trade number licence disc and the plate, referred to in regulation 82.
(4) On receipt of the application referred to in subregulation (3), the registering authority shall—
(a) cancel the motor trade number;
(b) deface the motor trade number registration certificate and the motor trade number
licence;
(c) destroy the motor trade number licence disc; and
(d) update the particulars pertaining to the motor trade number in the register of motor trade
numbers accordingly.

Reg 81. Number issued in prescribed territory

A number which has a similar purpose to that of a motor trade number, and which is issued in a
prescribed territory in accordance with the laws of such territory, shall be deemed to be a motor trade
number for the purposes of this Part when such number is displayed on a motor vehicle which is
operated on a public road in the Republic for the period for which and subject to the conditions under
which it was issued.

Reg 82. Display of motor trade number and motor trade number licence disc
(1) A motor trade number shall be displayed on a plate referred to in regulation 35 and in
accordance with the provisions of that regulation: Provided that a motor vehicle other than a motor
cycle, motor tricycle, motor quadrucycle or trailer, shall be equipped with only one such number plate
to the rear of the motor vehicle, and such plate shall—
(a) if such motor vehicle has a rear window, be displayed on the inside of such window in
an upright position so that each letter and figure of such plate shall be clearly legible
when viewed from the rear of the motor vehicle; or
(b) if such motor vehicle has no such rear window or the rear window is too small to display
such motor trade number, on the back of such motor vehicle in an upright position and
so that each letter and figure of such plate shall be clearly legible when viewed from the
rear of the motor vehicle.
(2) A motor trade number licence disc issued in terms of regulation 76 shall be affixed to the inside
of the transparent front of a durable watertight holder.
(3) The watertight holder referred to in subregulation (2), shall be attached to the motor trade
number plate so that the print on the face of the motor trade number licence disc is clearly legible as
contemplated in subregulation (1).
(4) No motor trade number shall be permanently affixed to any motor vehicle. Provided that the
motor trade number displayed on the motor vehicle which is being tested by a registered
manufacturer, builder or importer may be secured in such a way that the motor trade number does

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not interfere with noise measurements.

Reg 83. Right of appeal to MEC

(1) Any person who is aggrieved at the refusal of a registering authority to issue a motor trade
number to him or her may, within 21 days after the date of such refusal, in writing appeal against
such refusal to the MEC concerned and such person shall at the same time serve a copy of such
appeal on the registering authority concerned.
(2) After receipt of the copy of the appeal referred to in subregulation (1), the registering authority
concerned, shall forthwith furnish the MEC concerned with reasons for the refusal to which such
appeal relates.
(3) For the purpose of deciding an appeal referred to in subregulation (1), the MEC concerned
may require each party to the appeal, to furnish the information and evidence as he or she may
deem necessary.
(4) The MEC may, after considering the appeal, give such decision as he or she may deem fit.

Temporary and special permits

Reg 84. Circumstances in which motor vehicle may be operated on public road under
temporary or special permit
(1) A person who desires to operate on a public road a motor vehicle which is to be registered and
licensed in the Republic in terms of Chapter III of this Act, but has not been registered and licensed
or is registered in terms of Chapter III of this Act but not licenced, and which may not otherwise be
operated on a public road, may—;
(a) if he or she is to become the owner of such motor vehicle in the Republic, obtain a
temporary permit in respect of such motor vehicle in order to operate such motor vehicle
on a public road as if it is registered and licensed, if such motor vehicle is to be—
(i) delivered within the Republic by or to such person;
(ii) delivered within the Republic by or to a motor dealer, or
(iii) registered and licensed in terms of Chapter III of the Act, but only during the period
permitted for such registration and licensing; or
(b) obtain a special permit in respect of such motor vehicle in order to operate such motor
vehicle on a public road as if it is registered and licensed for purposes of—
(i) testing such motor vehicle within the Republic;
(ii) proceeding to or returning from a place within the Republic where repairs are to be
or have been effected to such motor vehicle;
(iii) reaching an examiner of vehicles or mass measuring apparatus; or
(iv) repossessing such motor vehicle, as contemplated in regulation 69 (2);

(2) A temporary permit—

(a) shall not be issued in respect of a motor vehicle referred to in regulation 138(1) unless a
certification of roadworthiness in respect of such motor vehicle is submitted; or
(b) which is blank, may only be issued to a motor dealer.
(3) The owner of a motor vehicle which is licensed and who cannot comply forthwith with the
provisions of regulation 35 or 36, may obtain a temporary permit in order to operate the motor vehicle
on a public road.
(4) A special permit shall not authorise the holder of such permit to convey persons or goods in
the motor vehicle concerned.
(5) A temporary or special permit shall not be issued in respect of a motor vehicle not intended to
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be registered in the Republic, in terms of provisions of the Act, unless such motor vehicle is already
registered in the Republic in terms of Chapter III of the Act.; and
(6) No person shall operate a motor vehicle not intended to be registered in the Republic in terms
of provisions of the Act, under a temporary or special permit, unless such motor vehicle is already
registered in the Republic in terms of Chapter III of the Act.

Reg 85. Manner of application for temporary or special permit

(1) If a motor dealer requires a series of blank temporary permits, he or she shall apply to the
appropriate registering authority, on form MTN1 as shown in Schedule 2.
(2) If a temporary or special permit is required for a motor vehicle, the application for such permit
shall be made to the appropriate registering authority on form MVR1A or TSP1 as shown in Schedule
2: Provided that if a motor vehicle is obtained from a motor dealer, the owner of such motor vehicle
may obtain a temporary permit from such motor dealer.
(3) An application referred to in subregulation (1) or (2), shall be accompanied by—
(a) the acceptable identification of the applicant, and, if the applicant is a body of persons,
that of its proxy and representative and a letter of proxy;
(b) the appropriate fees as determined by the MEC of the province concerned and if
applicable, the penalties and arrear fees referred to in regulations 57 and 59; and
(c) in the case of motor vehicles referred to in regulation 84(2)(a), certification of
roadworthiness.

Reg 86. Temporary or special permit number system

(1) The MEC concerned may, subject to subregulation (2), by notice in the Provincial Gazette
establish a temporary or special permit number system for the province concerned.
(2) A temporary or special permit number system established in terms of subregulation (1) shall
consist of—
(a) the letter “E”, followed by two letters, three figures and the licence mark of the province
concerned as contemplated in regulation 27(1); or
(b) the licence mark of the registering authority concerned as contemplated in regulation
27(2)(a)(i), followed by four or five figures and the letter “P”,
but shall not include vowels, except for the letter “E” as contemplated in paragraph (a), or the letter
“Q”.

Reg 87. Manner of issue of temporary or special permit

(1) On receipt of the application referred to in regulation 85(1) or (2), the registering authority may,
and if the applicant so requires, shall issue an assessment showing the appropriate fees as
determined by the MEC of the province concerned and if applicable, the penalties and arrear fees
referred to in regulations 57 and 59.
(2) On submission of the assessment and upon payment of the fees and penalties referred to in
subregulation (1), the registering authority shall, subject to the provisions of regulation 59(2), and if
satisfied that the application is in order—
(a) record the particulars pertaining to—
(i) the applicant; and
(ii) if applicable, the date, number and place of issue of a certification of
roadworthiness, referred to in regulation 85(3)(c);
in the register of motor vehicles; and
(b) issue a series of blank temporary permits or a duly completed temporary or special
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 permit, as the case may be, on form TP or SP as shown in Schedule 2.
(3) The motor dealer referred to in regulation 85(2) shall—
(a) upon payment of the appropriate fees referred to in regulation 85(3)(b), complete the
temporary permit and counterfoil on form TP as shown in Schedule 2;
(b) issue the temporary permit to the owner of the motor vehicle concerned and retain the
counterfoil; and
(c) if applicable, record the date, number and place of issue of a certification of
roadworthiness, referred to in regulation 85(3)(c) on the counterfoil.
(4) A permit issued in respect of a motor vehicle in a prescribed territory in terms of any law relating
to motor vehicles in force in that territory and serving the same purpose as a temporary or special
permit shall, if the provisions of the law of such prescribed territory relating to the operation of a
motor vehicle on a public road under such permit, is complied with, shall be deemed to be a
temporary or special permit, whichever the case may be, issued under this Part for the period for
which and subject to the conditions under which it was issued.
(5) No motor dealer shall issue a temporary permit which has not been issued to such motor dealer
in terms of subregulation (2)(b), or issue more than one permit to the same person in respect of the
same motor vehicle.
(6) A registering authority may, at any time after reasonable notice to a motor dealer, order that
all unused temporary permits be returned, or the said dealer may return such permits, without any
amount being refundable.

Reg 88. Period of validity of temporary and special permits

(1) The date of commencement and the date of expiry of a temporary permit and special permit,
as the case may be, shall be recorded on such permit and such a permit shall be valid—
(a) in the case of a temporary permit, for a period of 21 days, calculated—
(i) in respect of a motor vehicle which is licensed and who cannot comply forthwith
with the provisions of regulation 35 or 36, from the date of issue of such temporary
permit; or
(ii) for any other motor vehicle, from the date on which liability for the licensing of such
motor vehicle arises; or
(b) in the case of a special permit, for a period of three days calculated from the date
specified by the applicant in the application form: Provided that such date shall not be
more than seven days after the date on which the application is made.
(2) The provisions of subregulation (1) shall not apply to blank temporary permits issued to a motor
dealer in terms of regulation 87(2)(b).

Reg 89. Display of temporary or special permit

(1) A permit issued in respect of a motor vehicle in terms of regulation 87(2)(b) or 87(3)(b), shall
be displayed—
(a) if such motor vehicle has a rear window, on the inside of such window in the lower
left-hand corner when viewed from the rear of the motor vehicle, so that the inscription
thereon is legible through the glass; or
(b) if such motor vehicle does not have a rear window, on the rear of the motor vehicle in a
conspicuous place.
(2) No person shall operate on a public road a motor vehicle on which is displayed a temporary or
special permit or anything purporting to be such a permit, which is not applicable to such motor
vehicle.
(3) No person shall operate on a public road a motor vehicle on which a temporary or special
permit is displayed which is in any way obscured or has become illegible, except if such permit is
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temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor
vehicle.

Reg 90. Duty of motor dealer in respect of temporary permit

A motor dealer shall—
(a) in respect of every temporary permit issued by him or her to an applicant in terms of
regulation 87(3)(b), keep a record by means of the completed counterfoil in order to
ascertain the name and address of the applicant, as well as, if applicable, to ascertain
the date, number and place of issue of a certification of roadworthiness; and
(b) within 14 days after the date of issue of the tenth permit in a book, return to the
appropriate registering authority every book of 10 counterfoils so completed.

Sec 5. Registration of manufacturers, builders, importers and manufacturers of number

plates
(1) The prescribed manufacturers, builders or importers, and every manufacturer of
number plates shall apply in the prescribed manner to the chief executive officer
for registration as a manufacturer, builder, importer or manufacturer of number
plates.
(2) If the chief executive officer is satisfied that an applicant referred to in subsection
(1) complies with the qualifications for competency as prescribed for the specific
category in respect of which application is made, he or she shall register such
applicant on the conditions and in the manner prescribed.
(3) The chief executive officer may, in the prescribed manner, alter the conditions
referred to in subsection (2).
(4) The chief executive officer may, in the prescribed manner, suspend for such
period as he or she may deem fit, or cancel, the registration of a manufacturer,
builder, importer or manufacturer of number plates.
(5) The manufacturers, builders or importers referred to in subsection (1) 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.
(6) Manufacturers, builders and importers shall not manufacture, build, modify,
import, sell or distribute motor vehicles except in accordance with the prescribed
conditions.
(7) A manufacturer of number plates shall not manufacture, sell or distribute number
plates unless he or she is registered as a manufacturer of number plates.

Sec 6. Right of appeal to Shareholders Committee

(1) Any person who is aggrieved at the refusal of the chief executive officer to register
him or her as a manufacturer, builder, importer or manufacturer of number plates
or at the suspension or cancellation of his or her registration as a manufacturer,
builder, importer or manufacturer of number plates or at the conditions on which
he or she is so registered may, within 21 days after such refusal, suspension or
cancellation, or notification of the conditions on which he or she is so registered,
in writing appeal to the Shareholders Committee against such refusal,
suspension, cancellation or conditions, and such person shall at the same time
serve a copy of the appeal on the chief executive officer.

(2) After receipt of the copy of the appeal referred to in subsection (1), the chief
executive officer shall forthwith furnish the Shareholders Committee with his or
her reasons for the refusal, suspension, cancellation or conditions to which such
appeal refers.
(3) The Shareholders Committee may after considering the appeal give such
decision as it may deem fit.
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► Comment: Sections 5 and 6 regulate manufacturers, builders and importers of motor vehicles. See
definitions of manufacturers, builders and importers for the meaning of these three terms.

Sec 7. Appointment of inspectorate of manufacturers, builders and importers

(1) The Minister may appoint a person, an authority or a body as an inspectorate of
manufacturers, builders and importers.
(2) The powers and duties of the inspectorate contemplated in subsection (1) in
relation to the registration and inspection of manufacturers, builders and importers
shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on behalf of
that inspectorate for the purposes of performing its functions, prescribe fees to be
paid in respect of inspections carried out by it in terms of this Act.
► Comment: Section 7 allows for an inspectorate of manufacturers, builders and importers. The
purpose of an inspectorate is to ensure that every aspect of a business of a manufacturer, builder
or importer is operating within the law. The inspectorate ensures that no used parts are
incorporated in new motor vehicles.

Registration of manufacturers, builders, importers and manufacturers of

number plates

Reg 38. Certain manufacturers, builders and importers to register

Any manufacturer, builder or importer who manufactures, builds, modifies or imports motor vehicles
for the purpose of his or her business of selling motor vehicles or modifications of motor vehicles,
shall register as a manufacturer, builder or importer.

Reg 39. Manner of application for registration as manufacturer, builder or importer

(1) An application for registration as a manufacturer, builder or importer in terms of section 5 of
the Act shall be made on form MIB as shown in Schedule 2.
(2) An application referred to in subregulation (1) shall be accompanied by—
(a) the acceptable identification of the applicant and, if such applicant is a body of persons,
that of its proxy and representative and a letter of proxy;
(b) the appropriate fees as determined by the MEC of the province concerned;
(bA) proof of value added tax registration with the South African Revenue Services;
(c) in the case of an importer of motor vehicles, the Customs Code Number of the applicant
as issued by the South African Revenue Service in terms of the Customs and Excise
Act, 1964 (Act No. 91 of 1964); and
(d) any other additional information or documents as may be required by the chief executive
officer.

Reg 40. Manner of registration of manufacturer, builder or importer

(1) On receipt of an application for registration as manufacturer, builder or importer, the chief
executive officer shall—
(a) ensure that such application is in order;
(b) require the inspectorate of manufacturers, builders and importers to—
(i) evaluate the applicant in respect of compliance of the vehicles manufactured, built,
modified or imported by such applicant with the relevant legislation, standards,
specifications and codes of practice applicable in respect of motor vehicles in force
in the Republic; and

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 (ii) submit a recommendation in respect of the registration of the applicant;
(c) require the designated officer of the South African Police Service as appointed by the
Vehicle Identification Section and Safeguarding Unit to submit a report, in respect of the
applicant, and such report may contain any prior convictions recorded against the
applicant and the nature of such convictions, and any such official is hereby authorised
to report accordingly; and
(d) with due regard to the evaluation and recommendations of the inspectorate of
manufacturers, builders and importers and the South African Police Service, satisfy
himself or herself that the applicant is suitable to be registered.
(2) If the chief executive officer is satisfied that the applicant may be registered as a manufacturer,
builder or importer, he or she shall—
(a) register the applicant subject to any or all of the conditions as are prescribed in regulation
41 and, if he or she deems fit, such conditions as are determined by him or her;
(b) record the particulars pertaining to such applicant on the register of manufacturers,
builders and importers; and
(c) issue to such applicant a certificate of registration on form MCR as shown in Schedule
2, which shall reflect the conditions referred to in paragraph (a).
(3) If the chief executive officer is not satisfied that the applicant may be registered as a
manufacturer, builder or importer, he or she shall notify such applicant accordingly.
(4) A registered manufacturer, builder or importer of motor vehicles shall, at any time, be subject
to an evaluation by the inspectorate of manufacturers, builders and importers.

Reg 41. Conditions for registration of manufacturer, builder or importer

The chief executive officer—
(a) shall require as a condition of registration that—
(i) notice be given by the manufacturer, builder and importer concerned on form NVM
as shown in Schedule 2 to the inspectorate of manufacturers, builders or importers
of all models of motor vehicles being manufactured, built, modified or imported;
(ii) a model number referred to in regulation 44(1)(f) be obtained and held by
manufacturers, builders or importers for each model of a motor vehicle being
manufactured, built, modified or imported; and
(iii) a certification of roadworthiness be obtained for every motor vehicle of such model
as specified from time to time by the inspectorate of manufacturers, builders and
importers in terms of regulation 44(1)(dA);
(b) may require as a condition of registration —
(i) that a motor vehicle manufactured, built, modified or imported by a manufacturer,
builder or importer, shall be presented to the South African Police Service for
clearance of such motor vehicle before the sale or distribution thereof;
(ii) that a certification of roadworthiness be obtained for every motor vehicle of such
model as specified by the inspectorate of manufacturers, builders and importers in
the recommendation contemplated in regulation 40 (1) (b) (ii) or in regulation 44
(1) (e) before a licence disc on form MVL1, MVL1-RW, LCO or LCTO as shown in
Schedule 2 may be issued in respect of such motor vehicle by a registering
authority;
(iii) that a letter of authority as referred to in regulation 43 and a certification of
roadworthiness be obtained for every motor vehicle of such model as specified by
the inspectorate of manufacturers, builders and importers in the recommendation
contemplated in regulation 40 (1) (b) (ii) or in regulation 44 (1) (e) before a licence
disc on form MVL1, MVL1-RW, LCO or LCTO as shown in Schedule 2 may be
issued in respect of such motor vehicle by a registering authority; or
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 (iv) that the conditions referred to in items (i) and (ii) or in items (i) and (iii) be complied
with.

Reg 42. Manner of suspension or cancellation of registration of manufacturer, builder or

importer
(1) If the chief executive officer intends to suspend or cancel the registration of a manufacturer,
builder or importer in terms of section 5(4) of the Act he or she shall notify such manufacturer, builder
or importer of such intention and the reason therefor.
(2) The manufacturer, builder or importer referred to in subregulation (1), may, within 21 days after
receipt of the notification referred to in that subregulation, make a written representation to the chief
executive officer.
(3) The chief executive officer shall after due consideration of any representation made in terms
of subregulation (2), if any—
(a) cancel the registration of the manufacturer, builder or importer concerned, or suspend
such registration for such period as he or she may deem fit; or
(b) not cancel or suspend the registration of the manufacturer, builder or importer
concerned,
and notify the manufacturer, builder or importer accordingly.
(4) The manufacturer, builder or importer, of which the registration has been cancelled, shall within
14 days after having been notified of such cancellation, submit to the chief executive officer the
certificate of registration.

Reg 43. Manufacturers, builders or importers not required to register must comply with
conditions
(1) Any manufacturer, any builder who modifies motor vehicles, or any importer, who is not
required to be registered in terms of these regulations, shall apply to the inspectorate of
manufacturers, builders and importers for a letter of authority on form ALA as shown in Schedule 2,
in respect of every motor vehicle or every motor vehicle modification, except in respect of a trailer
with a gross vehicle mass not exceeding 750 kilograms or a motor vehicle referred to in regulation
21(1) (c), (d), (e), (f), (g) or (h).
(2) Notwithstanding anything to the contrary contained in these regulations, a motor vehicle
contemplated in subregulation (1), shall not be registered unless such manufacturer, builder or
importer holds a letter of authority for such motor vehicle.
(3) Any motor vehicle manufactured, modified or imported by a manufacturer, builder or importer
referred to in subregulation (1) shall be presented to the South African Police Service for clearance
of such motor vehicle and a certification of roadworthiness shall be obtained for every such a motor
vehicle prior to registration.

Reg 44. Powers and duties of inspectorate of manufacturers, builders and importers
(1) The inspectorate of manufacturers, builders and importers—
(a) shall in terms of regulation 40 (1) (b), evaluate a manufacturer, builder or importer and
make a recommendation to the chief executive officer regarding—
(i) the suitability of such manufacturer, builder or importer to be registered; and
(ii) the conditions upon which such manufacturer, builder or importer should be
registered;
(b) shall, in respect of every registered manufacturer, builder or importer conduct at least
one inspection per year to evaluate the compliance by such manufacturer, builder or
importer with the relevant legislation, standards, specifications and codes of practice;
(c) may advise any registered manufacturer, builder or importer in writing on the
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 improvement and maintenance of standards applied by the manufacturer, builder or
importer concerned and submit a copy of such written advice to the chief executive
officer;
(d) may advise any manufacturer, builder or importer in writing on the improvement of any
motor vehicle design or any design of a motor vehicle modification being manufactured,
modified or imported;
(dA) may specify in writing a model of motor vehicles manufactured, built or imported by a
registered manufacturer, builder or importer, in respect to which a certification of
roadworthiness must be obtained for every motor vehicle of that model, and shall submit
a copy of such written specification to the chief executive officer;
(dB) if a motor vehicle design, a design of a motor vehicle modification or an imported motor
vehicle, being manufactured, modified or imported by a manufacturer, builder or
importer, who is not required to be registered in terms of these regulations, comply with
the relevant legislation, standards, specifications and codes of practice for motor vehicles
in force in the Republic, shall issue a letter of authority in respect of such design or
imported;
(dC ) notwithstanding the provisions of paragraph (dB) no new body may be built or modified
on a minibus, midibus or bus, operating in terms of an operating licence issued in
accordance with the provisions of the NLTTA by an unregistered body builder or
importer;
(e) shall, when necessary, recommend to the chief executive officer the suspension,
cancellation or change in conditions of the registration of a manufacturer, builder or
importer;
(f) if models of motor vehicles being manufactured, built, modified or imported by registered
manufacturers, builders and importers com-ply with the relevant legislation, standards,
specifications and codes of practice for motor vehicles in force in the Republic, shall
issue such models of motor vehicles with a model number;
(fA) shall, subject to subregulation (a), issue to a registered body builder, a model number
for a completely new minibus, midibus or bus provided with a new body on a new chassis
or chassis cab, or a modified body on a new chassis or chassis cab, or an imported new
minibus, midibus or bus;
(fB) shall subject to the provisions of this regulation issue a certificate of compliance to any
minibus or midibus registered on or before the enactment of this regulations, complying
with the provisions of this Act and operating in terms of an operating licence, issued in
accordance with the provisions of the NLTTA;
Provided that notwithstanding the exclusion contained in the Compulsory Specification for Motor
vehicles of Category M2 and M3, no minibus and midibus first registered on or after 1 January 2006
operating in terms of an operating license issued in accordance with the provisions of the NLTTA
shall be issued with a model number and a certificate of compliance, unless it complies with the
superstructure requirement contemplated in SANS 1563 " The strength of large passenger vehicle
superstructures (roll-over bars).

(g) may suspend or cancel the model number of models of motor vehicles in the event of
such models not continuing to comply with the relevant legislation, standards,
specifications and codes of practice for motor vehicles in force in the Republic.
(2) A person employed by, or who acts on behalf of, the inspectorate of manufacturers, builders
or importers, may at any reasonable time—
(a) for the purposes of evaluating a manufacturer, builder or importer and making a
recommendation as contemplated in regulation 40(1)(b)(i), inspect, examine or test any
motor vehicle which is being manufactured, built, modified or imported by such
manufacturer, builder or importer; and
(b) without prior notice—
(i) enter the premises of any manufacturer, builder or importer;
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 (ii) inspect any records of such manufacturer, builder or importer; or
(iii) question any person with regard to any matter relating to the operation of such
manufacturer, builder or importer.

Reg 45. Fee to defray expenditure incurred by inspectorate of manufacturers, builders and
importers
(1) A manufacturer, builder or importer shall upon being registered as such, pay a fee to the
inspectorate of manufacturers, builders and importers in respect of inspections carried out by the
said inspectorate, to be determined by the Minister by notice in the Gazette, and thereafter such fee
shall be so payable yearly upon the anniversary of the date of registration.
(2) A manufacturer, builder or importer not required to be registered in terms of these regulations
shall pay a fee to be determined by the Minister by notice in the Gazette, per motor vehicle design
or design of motor vehicle modification of which the inspectorate of manufacturers, builders and
importers is notified in terms of regulation 43(1), to the said inspectorate in respect of inspections
carried out by it.
(3) The inspectorate of manufacturers, builders and importers shall not later than 1 June of each
year, submit to the Director-General a statement of fees received and costs incurred by or on behalf
of such inspectorate, for the period 1 April to 31 March.

Reg 46. Procedure for change of particulars of registered manufacturer, builder or importer
(1) If there is any change of name, street or postal address, proxy, representative or acceptable
identification of a registered manufacturer, builder or importer, such manufacturer, builder or importer
shall, within 21 days after the date of such change-
(a) notify the chief executive officer and the inspectorate of manufacturers, builders and
importers of such change on form MIB as shown in Schedule 2; and
(b) submit proof, of such change in terms of regulation 32A(3),
failure to comply with the provisions of this subregulation may result in the registration of the
manufacturer, builder or importer, being suspended or cancelled by the inspectorate of
manufacturers, builders and importers.

(2) On receipt of the notification referred to in subregulation (1), the chief executive officer or the
inspectorate of manufacturers, builders and importers, shall evaluate the notification and if satisfied
that such notification is in order, he or she shall-
(a) update the particulars pertaining to such applicant in the register of manufacturers,
builders and importers; and
(b) notify the manufacturer, builder or importer accordingly.
(3) If the chief executive officer is not satisfied that the notification referred to in subregulation (2)
is in order he or she may, inform the manufacturer, builder or importer to make a new application as
contemplated to in regulation 39.

Reg 47. Manner of change of conditions upon which manufacturer, builder or importer is
registered
(1) The chief executive officer shall notify a manufacturer, builder or importer of any intention to
change the conditions upon which such manufacturer, builder or importer is registered, and of the
extent of such change.
(2) Within 21 days after receipt of the notification referred to in subregulation (1), the manufacturer,
builder or importer concerned may make a written representation to the chief executive officer.
(3) The chief executive officer shall consider any representation made in terms of subregulation
(2), if any.

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(4) When the conditions upon which a manufacturer, builder or importer is registered change—
(a) the chief executive officer shall notify the manufacturer, builder or importer concerned of
such change; and
(b) the manufacturer, builder or importer concerned shall within 14 days after such change
submit to the chief executive officer the certificate of registration issued to such
manufacturer, builder or importer upon registration.
(5) On receipt of the certificate of registration, the chief executive officer shall issue to the
manufacturer, builder or importer concerned a new certificate of registration on form MCR as shown
in Schedule 2, which shall reflect the new conditions.

Reg 48. Manufacturers of number plates to register

No person shall manufacture or sell number plates unless such person is registered as a
manufacturer of number plates in terms of these regulations.
➢ SEE REGULATION 341

Reg 49. Manner of application by and registration of manufacturers of number plates

(1) An application for registration as a manufacturer of number plates in terms of section 5 of the
Act shall be made on form MNP as shown in Schedule 2.
(2) An application referred to in subregulation (1) shall be accompanied by—
(a) the acceptable identification of the applicant and, if such applicant is a body of persons,
that of its proxy and representative and a letter of proxy;
(b) the appropriate fees as determined by the MEC of the province concerned;
(c) any other additional information or documents as may be required by the chief executive
officer.
(3) On receipt of an application for registration as a manufacturer of number plates, the chief
executive officer shall ensure that such application is in order.
(4) If the chief executive officer is satisfied that the applicant may be registered as a manufacturer
of number plates he or she shall—
(a) register the applicant subject to the conditions prescribed in regulation 50, and if he or
she deems fit, such conditions as are determined by him or her;
(b) record the particulars pertaining to such applicant in the register of manufacturers of
number plates; and
(c) issue to such applicant a certificate of registration on form CRNPM as shown in Schedule
2, which shall reflect the conditions referred to in paragraph (a).
(5) If the chief executive officer is not satisfied that the applicant may be registered as a
manufacturer of number plates, he or she shall notify such applicant accordingly.

Reg 50. Conditions for registration as manufacturer of number plates

(1) Number plates manufactured by a manufacturer of number plates shall comply with the
requirements of—
(a) standard specification SABS 1116: “Retro-reflective Registration Plates for Motor
Vehicles”, Part 2: “Registration plates (metal)” and Part 4: “Registration plates (plastics)”;
and
(b) regulation 35(2) and (3).
(2) Manufacturers of number plates shall keep a register of number plates manufactured, which
register shall contain—
(a) the licence number brought onto the number plate concerned;
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 (b) the date of manufacture of the number plate;
(c) the chassis number of the vehicle to which the number plate concerned is fitted;
(d) the acceptable identification of the person to whom the number plate concerned is sold;
and
(e) such additional information as required by the chief executive officer.
(3) The register of number plates must be put at the disposal of any traffic officer, member of the
South African Police Service or any other local or provincial authority, upon request.
(4) Manufacturers of number plates shall only use such materials and processes in the
manufacture of number plates as are approved by the South African Bureau of Standards and for
which test reports are held on the premises of such manufacturer of number plates.
(5) The registration certificate of a manufacturer of number plates shall be displayed in a
conspicuous position on the premises of such manufacturer of number plates in such a manner that
it is visible to members of the public.

Reg 50A. Procedure for change of particulars of registered manufacturer of number plates

(1) If there is any change of name, street or postal address, proxy, representative or acceptable
identification of the registered manufacturer of number plates, such manufacturer of number plates
shall, within 21 days after such change, notify the MEC on form MNP as shown in Schedule 2 of
such change.
(2) On receipt of the notification referred to in subregulation (1), the MEC shall evaluate the
notification and if satisfied that such notification is in order, the MEC shall-
(a) update the particulars pertaining to such applicant in the register of manufacturers of
number plates; and
(b) notify such manufacturer of number plates accordingly.
(3) If the MEC is not satisfied with the notification referred to in subregulation (2) the MEC may, if
deemed necessary, inform the manufacturer of number plates to make a new application as
contemplated to in regulation 49.

Reg 51. Manner of suspension or cancellation of registration of manufacturer of number

plates
(1) If the chief executive officer intends to suspend or cancel the registration of a manufacturer of
number plates in terms of section 5(4) of the Act he or she shall notify such manufacturer of such
intention and the reason therefor.
(2) The manufacturer of number plates referred to in subregulation (1), may, within 21 days after
receipt of the notification referred to in that subregulation, make a written representation to the chief
executive officer.
(3) The chief executive officer shall after due consideration of any representation made in terms
of subregulation (2), if any—
(a) cancel the registration of the manufacturer of number plates concerned, or suspend such
registration for such period as he or she may deem fit; or
(b) not cancel or suspend the registration of the manufacturer of number plates concerned,
and notify the manufacturer of number plates accordingly.
(4) The manufacturer of number plates whose registration has been cancelled, shall within 14
days after having been notified of such cancellation, submit to the chief executive officer the
certificate of registration.

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 CHAPTER IV
FITNESS OF DRIVERS
LEARNING OBJECTIVES:

Student must understand -

❑ the requirements a person has to fulfil to become a legal driver on a public road.
❑ provision for learners’ licences, driving licences and professional driving permits and
all matters relevant thereto.

► COMMENT: A learner’s licence is required before a person can legally train to drive a
vehicle on a public road. The codes and special requirements are covered by the
legislation.

Driving licence codes, the authority granted by the different codes of licence and the
conversion of the old licences to the new codes of licence are dealt with in this chapter.

The suspension and cancellation of licences by the court or the administrative system is
also regulated.

A few special provisions dealing with the exchange of old army licences, old card type
licences and foreign licences are also contained in this part.

Driving licence testing centres

Sec 8. Driving licence testing centre to be registered

No person, department of State or registering authority shall operate a driving licence

testing centre unless such testing centre is registered and graded.

Sec 8A. Application for registration of driving licence testing centre

(1) Any 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 a testing centre.
(2) A driving licence testing centre may, on the prescribed conditions, be registered
and graded to test applicants for learners’ licences only.
(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.

Reg 91. Manner of application for registration of driving licence testing centre and
identification of management representative and examiners for driving licences
(1) An application for the registration of a driving licence testing centre in terms of section 8 of the
Act shall be made on form DTC as shown in Schedule 2, and a management representative and the
examiners for driving licences shall be identified on such form in respect of the driving licence testing
centre concerned.
(2) An application referred to in subregulation (1) shall be accompanied by acceptable
identification of the driving licence testing centre concerned, the management representative, and
the examiners for driving licences identified under subregulation (1).

Reg 92. Requirements for registration as driving licence testing centre

The requirements for registration as a driving licence testing centre shall be as specified in the
manual of the Department “Minimum Requirements for Registration and Grading of Driving Licence
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Testing Centres” published by the Minister by notice in the Gazette.

Sec 9. Registration and grading of driving licence testing centres

On receipt of an application referred to in section 8A the inspectorate of driving licence testing

centres shall, if satisfied that, in relation to the driving licence testing centre concerned, the
prescribed requirements for the registration of such a testing centre have been met, register and
grade such testing centre in the prescribed manner, and give notice of such registration in the
Gazette.

Reg 93. Manner of registration of driving licence testing centre

(1) The MEC shall, upon receipt of an application made in terms of regulation 91—
(a) require the inspectorate of driving licence testing centres to—
(i) evaluate the testing centre concerned according to the requirements referred to in
regulation 92; and
(ii) recommend the appropriate grading thereof in terms of regulation 95; and
(b) with due regard to the evaluation and recommendations of the inspectorate of driving
licence testing centres, satisfy himself or herself that the testing centre concerned
complies with the requirements referred to in regulation 92.
(2) (a) If the MEC is satisfied in terms of subregulation (1)(b), he or she shall—
(i) grade such testing centre in terms of regulation 95;
(ii) record the particulars of such testing centre on the register of driving licence testing
centres referred to in regulation 331(4)(a)(ii); and
(iii) issue to such applicant a certificate of registration on form CRF as shown in
Schedule 2.
(b) If the MEC is not satisfied that the testing centre concerned complies with the
requirements referred to in regulation 92, he or she shall refuse to register such testing
centre and shall notify the applicant accordingly.

Reg 94. Change of registration particulars

(1) The management representative identified in terms of regulation 91 shall upon the change of
any of the particulars submitted in terms of regulation 91, within 14 days after such change, notify
the MEC and inspectorate of driving licence testing centres of such change on form DTC as shown
in Schedule 2.
(2) The MEC shall, upon receipt of a notification referred to in subregulation (1), update the register
of driving licence testing centres referred to in regulation 331 (4) (a) (ii) accordingly.

Reg 95. Grades of driving licence testing centres

(1) The MEC shall, with due regard to the evaluation and recommendation of the inspectorate of
driving licence testing centres, grade a driving licence testing centre as grade A, B, C, D, E or F, as
the case may be, if such driving licence testing centre complies with the appropriate grading
requirements as referred to in regulation 92.
(2) A driving licence testing centre, which is graded in terms of subregulation (1)—
(a) as a grade A driving licence testing centre, is authorised to examine and test a person
for a learner’s licence of any code or driving licence of any code;
(b) as a grade B driving licence testing centre, shall be authorised to examine and test a
person for a learner’s licence of any code or driving licence of the codes B, EB, C1, C,
EC1 and EC;
(c) as a grade C driving licence testing centre, shall be authorised to examine and test a
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 person for a learner’s licence of any code or driving licence of the codes A1, A and B;
(d) as a grade D driving licence testing centre, shall be authorised to examine and test a
person for a learner’s licence of any code or driving licence of the code B;
(e) as a grade E driving licence testing centre, is authorised to examine and test a person
for a learner’s licence of any code; or
(f) as a grade F driving licence testing centre, shall be authorised to substitute a driving
licence of any code contained in an identity document, issued before 1 March 1998, in
terms of section 19 of the Act and to issue a new or duplicate driving licence card
contemplated in regulation 108(5)(b) or 109 or professional driving permit;
(g) as a grade A, B, C, D or E driving licence testing centre shall, notwithstanding anything
to the contrary contained in these regulations, be authorised to substitute a driving
licence of any code issued before 1 March 1998, in terms of section 19 of the Act, or to
issue a driving licence in terms of section 20 (3), 23 (4) or 24 (3) of the Act or to issue a
new or duplicate driving licence card contemplated in regulation 108 (5) (b) or 109 or
professional driving permit.

Sec 10. Suspension or cancellation of registration of driving licence testing centre

The inspectorate of driving licence testing centres 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 it deems fit, or regrade or cancel it, in the prescribed manner.

Reg 96. Manner of suspension or cancellation of registration of a driving licence testing

centre
(1) The MEC shall upon being notified that a registered driving licence testing centre does not
comply with the provisions of regulation 92, or upon a recommendation as contemplated in regulation
97(1)(e), immediately request the inspectorate of driving licence testing centres to investigate such
driving licence testing centre.
(2) The MEC shall, in considering the suspension or cancellation of the registration of a driving
licence testing centre—
(a) notify the management representative identified in terms of regulation 91(1), of the failure
of such driving licence testing centre to comply with the requirements of regulation 92;
and
(b) demand from such management representative to indicate in writing within 14 days from
the date of the said notification—
(i) the reason for such failure; and
(ii) the details of the measures that have been taken to rectify and prevent such failure.
(3) If the MEC is not satisfied with the reason or measures referred to in subregulation (2)(b), he
or she shall inform the management representative and may—
(a) suspend; or
(b) cancel,
the registration of such driving licence testing centre.
(4) If the MEC suspends or cancels the registration of a driving licence testing centre, he or she
shall—
(a) notify such driving licence testing centre of such suspension or cancellation and the
reason therefor and, in the case of suspension, the period thereof; and
(b) give notice in the Provincial Gazette of the suspension or cancellation referred to in
paragraph (a).
(5) The management representative of a driving licence testing centre, the registration of which

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has been cancelled, shall within 14 days after having been notified of such cancellation, submit to
the MEC—
(a) the certificate of registration referred to in regulation 93(2)(a)(iii) issued in respect of such
driving licence testing centre;
(b) any documents held but not issued by such driving licence testing centre; and
(c) a reconciliation of forms held and issued, and blank forms.

Sec 11. Appointment of inspectorate of driving licence testing centres

(1) The Minister shall, after a decision has been taken by the Shareholders Committee,
appoint a person, an authority or a body as an inspectorate of driving licence testing
centres.
(2) The powers and duties of the inspectorate contemplated in subsection (1) in relation to
the inspection and the control of standards, grading and operation of driving licence
testing centres shall be as prescribed.
(3) The Minister may, in order to defray expenditures incurred by or on behalf of that
inspectorate for the purposes of performance of its functions, prescribe fees to be paid in
respect of inspections carried out in terms of this Act.
(4) The Minister shall prescribe the training procedures and qualifications of a person
appointed under subsection (1).

Reg 97. Powers and duties of inspectorate of driving licence testing centres
(1) The inspectorate of driving licence testing centres—

(a) shall, in terms of regulation 93 (1) (a), evaluate the driving licence testing centre
concerned in accordance with the requirements referred to in regulation 92, and
recommend to the MEC—
(i) the suitability of such centre to be registered as a driving licence testing centre;
and
(ii) the grading of such centre;
(b) shall, in respect of every registered driving licence testing centre, conduct at least one
inspection per year to monitor the standards applied at such centre;
(c) shall advise any driving licence testing centre on the improvement and maintenance of
testing facilities and procedures at such centre, if deemed necessary;
(d) shall, when necessary, recommend to the MEC the suspension or cancellation of the
registration of an examiner for driving licences; and
(e) shall, when necessary, recommend to the MEC to suspend, degrade or cancel the
registration of a driving licence testing centre.
(2) A person who acts on behalf of the inspectorate of driving licence testing centres, may at any
reasonable time, with regard to the requirements referred to in regulation 92, without prior notice—

(a) enter the premises of any driving licence testing centre;

(b) inspect any records of the driving licence testing centre;
(c) question any person with regard to any matter relating to the operation of the driving
licence testing centre referred to in paragraph (a); and
(d) accompany an examiner for driving licences in any motor vehicle when such examiner
is examining or testing a person for a driving licence for the purpose of evaluation of the
said examiner.

Sec 12. Driver of motor vehicle to be licensed

No person shall drive a motor vehicle on a public road—
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(a) except under the authority and in accordance with the conditions of a licence issued to him or
her in terms of this Chapter or of any document deemed to be a licence for the purposes of
this Chapter; and
(b) unless he or she keeps such licence or document or any other prescribed authorisation with
him or her in the vehicle.

Reg 100. Authorisation which serves as licence in terms of section 12 of the Act
(1) If—
(a) a person’s driving licence card has been stolen, lost, destroyed or defaced; or
(b) a driving licence testing centre has authorised that a driving licence be issued to a
person, and the driving licence card is being processed by the Card Production Facility,
a duly completed form TDL as shown in Schedule 2, issued by an examiner for driving licences or a
person duly authorised to do so, shall be an authorisation in terms of section 12 of the Act, for a
period of six months from its date of issue, or until the date on which the person to whom it was
issued, receives his or her original or duplicate driving licence card, whichever date is the earlier.
(2) A person referred to in—
(a) subregulation (1)(a), may request the said form TDL, from any driving licence testing
centre; or
(b) subregulation (1)(b), may request form TDL from the driving licence testing centre which
authorised that the driving licence be issued.
(3) The request referred to in subregulation (2) shall be done on form DL1 and be accompanied
by—
(a) acceptable identification of the person concerned;
(b) two photographs of such person that comply with regulation 103(1); and
(c) if the applicant does not hold, or has never held, a driving licence authorising the driving
of a motor vehicle of a class to which the application relate, the appropriate fees for an
application for form TDL as determined by the MEC of the province concerned.
(4) On receipt of the request, an examiner for driving licences or a person authorised to do so
shall—
(a) in the circumstances referred to in subregulation (2)(a), determine whether the person is
the holder of a valid licence;
(b) in the circumstances referred to in subregulation (2)(b), determine the code of licence as
contained in the authorisation as referred to in regulation 108(1)(a);
(c) complete form TDL as shown in Schedule 2 and indicate the codes of driving licences
and professional driving permits, if applicable, held by the person concerned;
(d) affix one photograph to the original form TDL and one photograph to its carbon copy, or
to the application form if the form TDL was printed by the computerised register;
(e) ensure that the person signs the form TDL;
(f) affix one lamination strip to the original form TDL and another to its carbon copy, or to
the application form if the form TDL was printed by the computerised register, to cover
the photograph, personal particulars, code of licence and professional driving permit, if
applicable, of such person; and
(g) issue the original form TDL to the person concerned and retain its carbon copy, or the
application form if the form TDL was printed by the computerised register, for record
purposes.
(5) (a) Subject to paragraphs (b) and (c), a copy of an affidavit regarding the theft, loss,
destruction or defacement of a licence made at a driving licence testing centre or police
station and which—

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 (i) contains the official date stamp of the authority concerned;
(ii) contains the—
(aa) full names;
(bb) identity number or date of birth;
(cc) full address; and
(dd) code of licence with all endorsements and restrictions applicable thereto,
of the deponent; and
(iii) describes the circumstances under which the licence was stolen, lost, destroyed
or defaced,
shall be an authorisation in terms of section 12 of the Act, for a period of three days after the
date on which it was issued.
(b) If the affidavit referred to in paragraph (a) is made at a police station, such affidavit shall
also contain the crime administration number (CAS) or the occurrence book number
(OB), as the case may be.
(c) The driving licence testing centre or police station at which an affidavit is made shall
retain the original affidavit for record purposes.

Sec 13. Licence to drive, either learner’s or driving licence

A licence authorising the driving of a motor vehicle shall be issued by a driving licence
testing centre in accordance with this Chapter and shall be either—
(a) a provisional licence, to be known as a learner’s licence; or
(b) a licence, to be known as a driving licence,
and, except as otherwise provided in this Chapter, no person shall be examined or tested
for the purpose of the issue to him or her of a driving licence unless he or she is the
holder of a learner’s licence.

Sec 14. Prescribing, classification and extent of learner’s or driving licence

Subject to this Chapter—
(a) the category of a learner’s or driving licence;
(b) the class of motor vehicle to which each category of such licence relates;
(c) the authority granted by such licence;
(d) the period of validity of such licence;
(e) the limitations to which the authority granted by such licence shall be subject; and
(f) the form and content of such licence,
shall be as prescribed.

Learner’s and driving licences

Reg 99. Categories of learner’s and driving licences, classes of motor vehicles relating to
each category of such licences and the authority conveyed by such licences
(1) The categories of learner’s licences and the classes of motor vehicles pertaining to each code
of learner’s licence are:
(a) Code 1: Motor cycle with or without side-car or motor tricycle;
(b) Code 2: Motor vehicle, other than a motor cycle or tricycle, the tare of which does not

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 exceed 3 500 kilograms, a minibus, midibus, bus or goods vehicle the gross vehicle
mass of which does not exceed 3 500 kilograms, an articulated motor vehicle or
combination of a motor vehicle and trailer of which the gross combination mass of the
truck-tractor, haulage tractor or drawing vehicle does not exceed 3 500 kilograms, or a
tractor; and
(c) Code 3: Any motor vehicle or combination of motor vehicles other than a motor cycle
or tricycle.
► Comment: There are only three categories of learners’ licences.
(2) (a) The holder of a learner’s licence shall, except where such licence relates to a motor
vehicle having no seating accommodation for a passenger or to a motor cycle, when
driving the vehicle concerned, be accompanied in or on that vehicle by, and be under
the direct personal supervision of a person seated next to him or her, or immediately
behind him or her, where such person cannot be seated next to him or her, and who is
in possession of a licence, other than a learner’s or similar licence, authorising him or
her to drive that class of motor vehicle.
(b) A learner’s licence in respect of a motor cycle shall not authorise the holder of it to drive
a motor cycle on a public road while carrying another person.
(c) A learner’s licence shall not authorise the driving of a motor vehicle while carrying
persons for reward, other than a person accompanying the holder of a learner’s licence
in terms of paragraph (a).
(3) A learner’s licence with the code mentioned in the first column of the table below issued before
1 March 1998, shall be regarded as a learner’s licence with the code mentioned against it in the
second column of the table:
CODE OF LEARNER’S LICENCE ISSUED BEFORE 1 MARCH NEW CODE
1998 LEARNER’S LICENCE
Code 01, 02, 03, 04 and 15 or a code 12 for aforementioned codes Code 1
Code 05, 06, 07, 08 or a code 12 for aforementioned codes Code 2
Code 10, 11, 13 and 14 or a code 12 for aforementioned codes Code 3

(4) (a) the categories of driving licences are indicated by the codes mentioned in the first column
of the table below, each of which pertains to the classes of motor vehicles mentioned
against it in the second column of the table, and authorises the holder of such code to
drive the motor vehicles mentioned against it in the said second column and third column
of the table: Provided that for the purposes of this subregulation the term “goods vehicle”
does not include a haulage tractor:
(b) The holder of a driving licence of the code mentioned in the table below, which was
issued before 1 March 1998, as contemplated in section 19 or 20 of the Act (hereinafter
referred to as the “old licence”), shall, subject to paragraph (bA), upon application in
terms of regulation 111 or 112, respectively, be issued in terms of regulation 108 with a
driving licence (hereinafter referred to as the “new licence”) of the code mentioned
against the old licence in the first column of the table below.

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 CODE CLASS OF MOTOR VEHICLE AUTHORISATION
A1 A motor cycle without side-car which has an engine Includes authorisation to drive—
with a cylinder capacity not exceeding 125 cubic (i) (aa) a motor cycle with a side-car;
centimetres, or which is propelled by electrical (bb) a motor tricycle;
power, but does not include— which has an engine with a cylinder
capacity not exceeding 125 cubic
(i) any vehicle propelled by electrical power centimetres; and
derived from storage batteries and which is
pedestrian controlled; or (ii) a vehicle having pedals and an engine
or an electric motor as an integral part
(ii) any vehicle with a tare not exceeding 230 thereof or attached thereto and which
kilograms and specially designed and is designed or adapted to be propelled
constructed, and not merely adapted, for the by means of such pedals, engine or
use of any person suffering from some physical motor, or both such pedals and engine
defect or disability or a person of old age and or motor.
used solely by such person.
A A motor cycle without a side-car which has an Includes authorisation to drive—
engine with a cylinder capacity exceeding 125 (i) a motor cycle with a sidecar;
cubic centimetres. (ii) a motor tricycle; and
(iii) any other motor vehicle for which a
code A1 driving licence is required.

CODE CLASS OF MOTOR VEHICLE AUTHORISATION

B A motor vehicle, excluding a motor cycle, motor Includes authorisation to drive—
tricycle, tractor, haulage tractor and a motor vehicle (i) a tractor; haulage tractor and
which is a type of mobile agricultural or industrial (ii) a motor vehicle which is a type of
equipment or machinery not designed principally mobile agricultural or industrial
for the conveyance of persons or goods, being— equipment or machinery not
(i) a motor vehicle, including a motor home, the designed principally for the
tare of which does not exceed 3 500 conveyance of persons or goods,
kilograms; or with or without a trailer.
(ii) a minibus, as midibus a bus or a goods
vehicle, the gross vehicle mass of which
does not exceed 3 500 kilograms,
with or without a trailer, the gross vehicle mass of
which does not exceed 750 kilograms, but does not
include an articulated motor vehicle.
C1 A motor vehicle, excluding a motor cycle, motor Includes authorization to drive any motor
tricycle, tractor, haulage tractor and a motor vehicle vehicle for which a code B driving licence
which is a type of mobile agricultural or industrial is required.
equipment or machinery not designed principally
for the conveyance of persons or goods, being -
(i) a motor vehicle, the tare of which exceeds 3
500 kilograms but does not exceed 16 000
kilograms; or
(ii) a minibus, a midibus, a bus or a goods vehicle,
the gross vehicle mass of which exceeds 3
500 kilograms but does not exceed 16 000
kilograms,
with or without a trailer, the gross vehicle mass of
which does not exceed 750 kilograms, but does not
include an articulated motor vehicle.

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 CODE CLASS OF MOTOR VEHICLE AUTHORISATION

C A motor vehicle, excluding a motor cycle, motor Includes authorisation to drive any motor
tricycle, tractor, haulage tractor and a motor vehicle vehicle for which a code B or C1 driving
which is a type of mobile agricultural or industrial licence is required.
equipment or machinery not designed principally
for the conveyance of persons or goods, being a
bus or a goods vehicle, the gross vehicle mass of
which exceeds 16 000 kilograms, with or without a
trailer the gross vehicle mass of which does not
exceed 750 kilograms, but does not include an
articulated motor vehicle.
EB A motor vehicle, excluding a motor cycle, motor Includes authorisation to drive any motor
tricycle, tractor, haulage tractor and a motor vehicle vehicle for which a code B driving licence
which is a type of mobile agricultural or industrial is required.
equipment or machinery not designed principally
for the conveyance of persons or goods, being –
(i) an articulated motor vehicle, of which the
gross combination mass of the truck-tractor
does not exceed 3 500 kilograms
(ii) a combination of –
(aa) a motor vehicle the tare of which does
not exceed 3 500 kg, or
(bb) a minibus, midibus, bus or goods
vehicle, the gross vehicle mass of which
does not exceed 3 500 kilograms,
with a trailer the gross vehicle mass of which
exceeds 750 kilograms.
EC1 A motor vehicle, excluding a motor cycle, motor Includes authorisation to drive any motor
tricycle, tractor, haulage tractor and a motor vehicle vehicle for which a code B, C1 or EB
which is a type of mobile agricultural or industrial driving licence is required.
equipment or machinery not designed principally
for the conveyance of persons or goods, being –
(i) an articulated motor vehicle, of which the gross
combination mass of the truck-tractor exceeds
3 500 kilograms but does not exceed 16 000
kilograms;
(ii) a combination of—
(aa) a motor vehicle the tare of which exceeds
3 500 kg but does not exceed 16 000 kg;
or
(bb) a minibus, midibus, bus or goods vehicle,
the gross vehicle mass of which exceeds
3 500 kilograms but does not exceed 16
000 kilograms,
with a trailer the gross vehicle mass of which
exceeds 750 kilograms.
EC A motor vehicle, excluding a motor cycle, motor Includes authorisation to drive any motor
tricycle, tractor, haulage tractor and a motor vehicle vehicle for which a code B, C1, C or EB or
which is a type of mobile agricultural or industrial EC1 driving licence is required and a
equipment or machinery not designed principally haulage tractor.
for the conveyance of persons or goods, being –
(i) an articulated motor vehicle of which the
gross combination mass of the truck-tractor
exceeds 16 000 kilograms;
(ii) a combination of a bus or goods vehicle,
the gross vehicle mass of which exceeds
16 000 kilograms,
with a trailer the gross vehicle mass of which
exceeds 750 kilograms.

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 LICENCE ISSUED ON OR
LICENCE ISSUED ON OR AFTER 1990/06/01 BUT LICENCE ISSUED
LICENCE ISSUED ON
AFTER IMPLEMENTATION BEFORE THE LICENCE ISSUED ON OR ON OR AFTER
LICENCE OR AFTER LICENCE ISSUED
OF SECTION 13 OF THE IMPLEMENTATION OF AFTER 1985/12/31 BUT 1972/02/01 BUT
CODES 1967/01/01 BUT BEFORE 1967/01/01
TRANSPORT GENERAL SECTION 13 OF THE BEFORE 1990/06/01 BEFORE
BEFORE 1972/02/01
AMENDMENT ACT, 1995 TRANSPORT GENERAL 1985/12/31
AMENDMENT ACT, 1995
A1 Code 01: A motor cycle with Code 01: A motor cycle A motor cycle without side-car Motor cycle without Motor cycle without Motor cycle without side-
or without side-car or motor without side-car which has an which has an engine with a sidecar which has side-car with an car with an engine of
tricycle, which has an engine engine with a cylinder capacity cylinder capacity not exceeding an engine with a engine of which the which the cylinder capacity
with a cylinder capacity not not exceeding 50 cm; or which 50 cm; or which is propelled by cylinder capacity not cylinder capacity does does not exceed 50 cm;
exceeding 125 cm3; or which is propelled by electrical electrical power, or which is a exceeding 50 cm; not exceed 50 cm; and and generally known as
is propelled by electrical power, or which is a vehicle as vehicle as contemplated in and generally known generally known as “code 01”.
power, or which is a vehicle contemplated in paragraph (b) paragraph (b) of the definition of as “code 01”. “code 01”.
as contemplated in of the definition of “motor “motor vehicle” contained in
paragraph (b) of the vehicle” contained in section 1 section 1 of the Road Traffic
definition of “motor vehicle” of the Act. Ordinance and generally known
contained in section 1 of the as “code 01”.
Act.

A Code 15: A motor cycle with (i) Code 02: A motor cycle (i) A motor cycle without side- (i) A motor cycle (i) A motor cycle (i) A motor cycle
or without side-car or motor without side-car which car which has an engine without side-car without side-car without side-car with
tricycle, which has an engine has an engine with a with a cylinder capacity which has an with an engine an engine of which
with a cylinder capacity cylinder capacity exceeding 50 cm3 and engine with a of which the the cylinder capacity
exceeding 125 cm3. exceeding 50 cm3 and generally known as “code cylinder cylinder capacity exceeds 50 cm3,
not exceeding 250 cm3; 02”; capacity exceeds 50 cm3, generally known as
(ii) code 15: A motor cycle (ii) a motor cycle with side-car exceeding generally known “code 02”; and
without side-car which and generally known as 50 cm3 and as “code 02”; (ii) a motor cycle with
has an engine with a “code 03”; and generally known and side-car and a motor
cylinder capacity (iii) a motor tricycle, generally as “code 02”; (ii) a motor cycle tricycle, generally
exceeding 250 cm3; known as “code 04”. (ii) a motor cycle with side-car and known as “code 03”.
(iii) code 03: A motor cycle with side-car a motor tricycle,
with side-car; and and generally generally known
(iv) code 04: A motor tricycle. known as “code as “code 03”.
03”; and
(iii) a motor tricycle,
generally known
as “code 04”.

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 LICENCE ISSUED ON OR
LICENCE ISSUED ON OR AFTER 1990/06/01 BUT
LICENCE ISSUED ON
AFTER IMPLEMENTATION BEFORE THE LICENCE ISSUED ON OR LICENCE ISSUED ON OR
LICENCE OR AFTER LICENCE ISSUED
OF SECTION 13 OF THE IMPLEMENTATION OF AFTER 1985/12/31 BUT AFTER 1972/02/01 BUT
CODES 1967/01/01 BUT BEFORE 1967/01/01
TRANSPORT GENERAL SECTION 13 OF THE BEFORE 1990/06/01 BEFORE 1985/12/31
BEFORE 1972/02/01
AMENDMENT ACT, 1995 TRANSPORT GENERAL
AMENDMENT ACT, 1995
B (i) Code 05: A tractor; (i) Code 05: A tractor; (i) A tractor which is not (i) A tractor which is not (i) A motor vehicle (i) Power-propelled
(ii) code 06: A motor (ii) code 06: A motor propelled by electrical propelled by electrical being a type of vehicles and
vehicle which is vehicle which is power and generally power and generally mobile machinery,
propelled by electrical propelled by known as “code 05”; known as “code 05”; agricultural or including motor
power and is of a class electrical power and (ii) a motor vehicle which (ii) a motor vehicle industrial vehicles propelled
as contemplated in is of a class as is propelled by propelled by electrical equipment or by electrical- or
code 07 as referred to contemplated in electrical power and is power of a class as machinery which steam power; and
item (iii); code 07 as referred of a class as contemplated in item is not designed (ii) a motor vehicle of
(iii) code 07: A motor to item (iii); contemplated in item (iii) and generally principally for a class as
vehicle which is a type (iii) code 07: A motor (iii), and generally known as “code 06”; the conveyance contemplated in
of mobile agricultural vehicle which is a known as “code 06”; (iii) a motor vehicle, being of persons or item (i) which is
or industrial equipment type of mobile (iii) a motor vehicle which a type of mobile goods, the type specially adapted,
or machinery not agricultural or is a type of mobile agricultural or of which is constructed or
designed principally industrial equipment agricultural or industrial equipment specified in the equipped for use
for the conveyance of or machinery not industrial equipment or machinery, which is driving licence; by a physically
persons or goods, the designed principally or machinery not not designed and disabled person,
type of which is for the conveyance designed principally principally for the (ii) a motor vehicle generally known
specified in the driving of persons or goods, for the conveyance of conveyance of of a class as as “code 12”.
licence; and the type of which is persons or goods, the persons or goods, and contemplated in
(iv) code 12: A motor specified in the type of which is the type of which is item (i) which is
vehicle of a class as driving licence; and specified in the driving specified in the driving specially
contemplated in code (iv) code 12: A motor licence and generally licence and generally adapted,
05 or code 07 as vehicle of a class as known as “code 07”; known as “code 07”; constructed or
referred to item (i) or contemplated in and and equipped for use
(iii), whatever the case code 05 or code 07 (iv) code 12: A motor (iv) code 12: A motor by a physically
may be, which is as referred to item (i) vehicle of a class as vehicle of a class as disabled person,
specially adapted, or (iii), whatever the contemplated in item contemplated in item generally known
constructed or case may be, which (i) or (iii), whatever the (i) or (iii), whatever the as “code 12”.
equipped for use by a is specially adapted, case may be, which is case may be, which is
physically disabled constructed or specially adapted, specially adapted,
person. equipped for use by constructed or constructed or
a physically disabled equipped for use by a equipped for use by a
person. physically disabled physically disabled
person. person.

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 LICENCE ISSUED ON LICENCE ISSUED ON
OR AFTER OR AFTER 1990/06/01
IMPLEMENTATION BUT BEFORE THE LICENCE ISSUED ON LICENCE ISSUED ON
LICENCE ISSUED ON OR
LICENCE OF SECTION 13 OF IMPLEMENTATION OF OR AFTER 1985/12/31 OR AFTER 1967/01/01 LICENCE ISSUED
AFTER 1972/02/01 BUT
CODES THE TRANSPORT SECTION 13 OF THE BUT BEFORE BUT BEFORE BEFORE 1967/01/01
BEFORE 1985/12/31
GENERAL TRANSPORT GENERAL 1990/06/01 1972/02/01
AMENDMENT ACT, AMENDMENT ACT,
1995 1995
EB (i) Code 06: A (i) Code 06: A motor (i) A motor vehicle (i) A motor vehicle which (i) A motor vehicle (i) A motor vehicle
motor vehicle vehicle which is which is propelled is propelled by which is propelled which is
which is propelled by by electrical power electrical power and by electrical power propelled by
propelled by electrical power and is of a class as is of a class as and is of a class as electrical power
electrical power and is of a class as contemplated in contemplated in item contemplated in and is of a class
and is of a class contemplated in item (ii), generally (ii), generally known item (ii), generally as contemplated
as contemplated code 08 as referred known as “code as “code 06"; known as “code 06”; in item (ii),
in code 08 as to in item (ii); 06”; (ii) a light motor vehicle, (ii) a light motor generally known
referred to in (ii) code 08: A light (ii) a light motor being— vehicle, being— as “code 06”;
item (ii); motor vehicle, vehicle, being— (aa) a motor vehicle, the (aa) a motor (ii) a light motor
(ii) code 08: A light being— (aa) a motor vehicle, tare of which does vehicle, the tare vehicle being a
motor vehicle, (aa) a motor vehicle, the tare of which not exceed 3 500 kg; of which does not motor vehicle or
being— the tare of which does not exceed (bb) a bus or a goods exceed 7 700 lbs; combination of
(aa) a motor vehicle, does not exceed 3 500 kg; vehicle, the gross (bb) a bus or a motor vehicles
the tare of which 3 500 kg; (bb) a bus or a goods vehicle mass of goods vehicle, the or goods
does not exceed (bb) a minibus, bus or a vehicle, the gross which does not gross vehicle vehicles, the
3 500 kg; goods vehicle, the vehicle mass of exceed 3 500 kg; or mass of which gross vehicle
(bb) a minibus, bus gross vehicle mass which does not (cc) an articulated motor does not exceed mass or
or a goods of which does not exceed 3 500 kg; vehicle, the gross 7 700 lbs, combination
vehicle, the exceed 3 500 kg; or combination mass of generally known mass of which
gross vehicle or (cc) an articulated which does not as “code 08”; and does not exceed
mass of which (cc) an articulated motor vehicle, the exceed 3 500 kg, (iii) a motor vehicle of a 7 700 lbs and
does not exceed motor vehicle, the gross combination generally known as class as generally known
3 500 kg; or gross combination mass of which “code 08”; and contemplated in as “code 08”;
(cc) an articulated mass of which does not exceed (iii) a motor vehicle of a item (ii), which is and
motor vehicle, does not exceed 3 500 kg, class as specially adapted, (iii) a motor vehicle
the gross 3 500 kg; and generally known as contemplated in item constructed or of a class as
combination (iii) code 12: A motor “code 08”; and (ii), which is specially equipped for use by contemplated in
mass of which vehicle of a class (iii) a motor vehicle of adapted, constructed a physically item (ii), which is
does not exceed as contemplated in a class as or equipped for use disabled person, specially
3 500 kg; and code 08 as referred contemplated in by a physically generally known as adapted,
(iii) code 12: A to in item (ii), which item (ii), which is disabled person, “code 12”. constructed or
motor vehicle of is specially specially adapted, generally known as equipped for
a class as adapted, constructed or “code 12”. use by a
contemplated in constructed or equipped for use physically
code 08 as equipped for use by a physically disabled person,
referred to in by a physically disabled person, generally known
item (ii), which is disabled person. generally known as as “code 12”.
specially “code 12”.
adapted,
constructed or
equipped for use
by a physically
disabled person.

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 LICENCE ISSUED ON OR
LICENCE ISSUED ON OR
AFTER 1990/06/01 BUT LICENCE ISSUED
AFTER LICENCE ISSUED ON LICENCE ISSUED ON
BEFORE THE ON OR AFTER
LICENCE IMPLEMENTATION OF OR AFTER 1985/12/31 OR AFTER 1972/02/01 LICENCE ISSUED
IMPLEMENTATION OF 1967/01/01 BUT
CODES SECTION 13 OF THE BUT BEFORE BUT BEFORE BEFORE 1967/01/01
SECTION 13 OF THE BEFORE
TRANSPORT GENERAL 1990/06/01 1985/12/31
TRANSPORT GENERAL 1972/02/01
AMENDMENT ACT, 1995
AMENDMENT ACT, 1995
EC1 (i) Code 06: A motor (i) Code 06: A motor (i) A motor vehicle which (i) A motor vehicle
vehicle which is vehicle which is is propelled by which is propelled by
propelled by electrical propelled by electrical electrical power and electrical power and
power and is of a class power and is of a is of a class as is of a class as
as contemplated in class as contemplated contemplated in item contemplated in item
code 10 as referred to in code 10 as referred (ii), generally known (ii), generally known
in item (ii); to in item (ii); as “code 06"; as “code 06”;
(ii) code 10: A heavy (ii) code 10: A heavy (ii) a heavy motor (ii)(aa) a medium motor
motor vehicle, being— motor vehicle, being— vehicle, excluding an vehicle, the tare of
(aa) a motor vehicle, the (aa) a motor vehicle, the articulated motor which exceeds
tare of which exceeds tare of which exceeds vehicle, being— 3 500 kg; or
3 500 kg but does not 3 500 kg but does not (aa) a motor vehicle of (bb)if such vehicle is a
exceed 16 000 kg; exceed 16 000 kg; which the tare does bus or goods
(bb) a minibus or a bus the (bb) a minibus or a bus not exceed vehicle, the gross
gross vehicle mass of the gross vehicle 16 000 kg; or vehicle mass of
which exceeds 3 500 mass of which (bb) a goods vehicle of which exceeds
kg; or exceeds 3 500 kg; or which the gross 3 500 kg but does
(cc) a goods vehicle, the (cc) a goods vehicle, the vehicle mass does not exceed 9 000
gross vehicle mass of gross vehicle mass of not exceed kg,
which exceeds which exceeds 16 000 kg, and generally
3 500 kg but does not 3 500 kg but does not generally known as known as “code
exceed 16 000 kg, exceed 16 000 kg, “code 10”; and 09”; and
but does not include but does not include (iii) a motor vehicle of a (iii) a motor vehicle of a
an articulated motor an articulated motor class as class as
vehicle; and vehicle; and contemplated in item contemplated in item
(iii) code 12: A motor (iii) code 12: A motor (ii), which is specially (ii), which is specially
vehicle of a class as vehicle of a class as adapted, constructed adapted, constructed
contemplated in code contemplated in code or equipped for use or equipped for use
10 as referred to in 10 as referred to in by a physically by a physically
item (ii), which is item (ii), which is disabled person, disabled person,
specially adapted, specially adapted, generally known as generally known as
constructed or constructed or “code 12”. “code 12”.
equipped for use by a equipped for use by a
physically disabled physically disabled
person. person.

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 LICENCE ISSUED ON OR
LICENCE ISSUED ON OR AFTER 1990/06/01 BUT
LICENCE ISSUED ON LICENCE ISSUED ON
AFTER IMPLEMENTATION OF BEFORE THE LICENCE ISSUED ON OR
LICENCE OR AFTER 1972/02/01 OR AFTER 1967/01/01 LICENCE ISSUED
SECTION 13 OF THE IMPLEMENTATION OF AFTER 1985/12/31 BUT
CODES BUT BEFORE BUT BEFORE BEFORE 1967/01/01
TRANSPORT GENERAL SECTION 13 OF THE BEFORE 1990/06/01
1985/12/31 1972/02/01
AMENDMENT ACT, 1995 TRANSPORT GENERAL
AMENDMENT ACT, 1995
EC (i) Code 11: An extra heavy (i) Code 11: An extra heavy (i) An extra heavy vehicle, (i) A heavy motor (i) A heavy motor (i) A heavy motor
vehicle, being— vehicle, being— being— vehicle the tare of vehicle the tare of vehicle being a
(aa) a motor vehicle the tare of (aa) a motor vehicle the tare (aa) a motor vehicle the tare which exceeds which exceeds 7 700 motor vehicle or
which exceeds 16 000 kg; or of which exceeds of which exceeds 16 000 9 000 kg but does lbs but does not combination of
(bb) a goods vehicle, the gross 16 000 kg; or kg or; not exceed 16 000 exceed 30 000 lbs motor vehicles the
vehicle mass of which (bb) a goods vehicle, the (bb) a goods vehicle, the kg, generally known and generally known gross vehicle mass
exceeds 16 000 kg, gross vehicle mass of gross vehicle mass of as “code 10”; as “code 10”; of which exceeds
but does not include an which exceeds which exceeds 16 000 (ii) an extra heavy (ii) a bus or goods 7 700 lbs and
articulated motor vehicle; 16 000 kg, but does not kg, but does not include motor vehicle, the vehicle the gross generally known as
(ii) code 13: A heavy articulated include an articulated an articulated motor tare of which vehicle mass of a “code 10”; and
motor vehicle, the gross motor vehicle; vehicle, and generally exceeds 16 000 kg which exceeds 7 700 (ii) a motor vehicle of a
combination mass of the (ii) code 13: A heavy known as "code 11”; or, if such motor lbs but does not class as
truck-tractor of which articulated motor (ii) a heavy articulated vehicle is a bus or exceed 30 000 lbs contemplated in
exceeds 3 500 kg but does vehicle, the gross motor vehicle, being an goods vehicle, the and generally known item (i), which is
not exceed 25 000 kg; combination mass of articulated motor vehicle gross vehicle mass as “code 10”; specially adapted,
(iii) code 14: An extra heavy the truck-tractor of the gross combination of which exceeds (iii) an extra heavy constructed or
articulated motor vehicle, the which exceeds 3 500 mass of which exceeds 16 000 kg, and motor vehicle the equipped for use by
gross combination mass of kg but does not exceed 3 500 kg but does not generally known as tare of which a physically
the truck-tractor of which 25 000 kg; exceed 25 000 kg, “code 11”; and exceeds 30 000 lbs; disabled person,
exceeds 25 000 kg; and (iii) code 14: An extra generally known as (iii) a motor vehicle of a (iv) a bus or goods generally known as
(iv) code 12: A motor vehicle of a heavy articulated motor “code 13”; class as vehicle, the gross “code 12”.
class as contemplated in vehicle, the gross (iii) an extra heavy contemplated in vehicle mass of
code 11, 13 or 14, as combination mass of articulated motor item (i) or (ii), which exceeds 30
referred to in items (i), (ii) or the truck-tractor of vehicle, being an whatever the case 000 lbs and
(iii), whatever the case may which exceeds articulated vehicle the may be, which is generally known as
be, which is specially 25 000 kg; and gross combination mass specially adapted, “code 11”; and
adapted, constructed or (iv) code 12: A motor of which exceeds 25 constructed or (v) a motor vehicle of a
equipped for use by a vehicle of a class as 000 kg and generally equipped for use by class as
physically disabled person. contemplated in code known as “code 14”; a physically contemplated in
11, 13 or 14 as referred and disabled person, item (i), (ii), (iii) or
to in item (i), (ii) or (iii), (iv) a motor vehicle of a generally known as (iv), whatever the
whatever the case may class as contemplated “code 12”. case may be, which
be, which is specially in item (i), (ii) or (iii), is specially adapted,
adapted, constructed or whatever the case may constructed or
equipped for use by a be, which is specially equipped for use by
physically disabled adapted, constructed or a physically
person. equipped for use by a disabled person,
physically disabled generally known as
person, generally known “code 12”.
as “code 12”.

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 (bA) If an applicant’s application referred to in paragraph (b) relates to a new licence of the
code EC1 or EC and the applicant is disqualified in terms of regulation 102 from holding
such new licence, but is not so disqualified from holding a new licence of the code EB,
such applicant’s application shall for the purposes of regulation 102 be deemed to be an
application which relates to a new licence of the code EB, and that applicant shall be
issued with a new licence of that code
(bB) Notwithstanding anything to the contrary in these regulations, the holder of an old licence
with code 05 or 07, or generally known as a code 05 or 07, shall upon application in
terms of regulation 111 or 112, whichever the case may be, be issued in terms of
regulation 108 with a new licence with code B which shall—
(i) in the case of an application which relates to an old licence with the code 05,
contain an endorsement of code 5 which indicates that the holder of such licence
is only authorised to drive a tractor of any mass, with or without a trailer of any
mass; and
(ii) in the case of an application which relates to an old licence with the code 07,
contain an endorsement of code 7 which indicates that the holder of such licence
is only authorised to drive a motor vehicle which is a type of mobile agricultural or
industrial equipment or machinery not designed principally for the conveyance of
persons or goods, of any weight, with or without a trailer of any mass.
(c) Subject to paragraph (bB), the authority granted by the new licence is as prescribed for
the code of such licence in paragraph (a), but if the licence is a code EC1 driving licence,
the holder of it is authorised to drive the class of motor vehicle for which he or she had
authority under the old licence.
(cA) In the case where the old licence authorises the driving of a motor vehicle which is
propelled by electrical power, the authority granted by the new licence is, subject to the
new licence being endorsed in terms of section 18(4)(a) of the Act, as prescribed for the
relevant code of such licence in paragraph (a).
(d) In the case where the old licence authorises the driving of a motor vehicle specially
adapted, constructed or equipped for use by a physically disabled person, the authority
granted by the new licence is, subject to the new licence being endorsed in terms of
section 18(4)(b) of the Act, as prescribed for the relevant code of such licence in
paragraph (a).

Reg 101. Period of validity of learner’s and driving licences

(1) The period of validity of a learner’s licence issued or deemed to be issued in terms of section
17 of the Act shall be 18 months from the date of examination and test referred to in section 17(2) of
the Act.
(2) (a) The period of validity of a driving licence issued or deemed to be issued in terms of
section 18 of the Act shall be indefinite, unless such licence has been suspended or
cancelled in terms of the Act.
(b) (i) The holder of a driving licence that was issued before 1 March 1998, who wishes
to substitute such licence as contemplated in section 19 of the Act, shall apply for
such substitution before or within the period determined by the Minister by notice
in the Gazette.
(ii) Different periods may be determined under subparagraph (i) in respect of licence
holders whose surnames start with different letters of the alphabet, or whose dates
of birth fall in different months.

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 Regulation 101 - [Government Gazette No: 32959, Notice number 134, dated 17 February 2010]

EXTENSION FOR THE VALIDITY PERIOD OF A LEARNER'S LICENCE

I, Sibusiso Joel Ndebele, Minister of Transport, acting in terms of Section 75 read with regulation 101 of the National
Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act No. 93 of 1996), hereby extend the
period of validity of a learner's licence from 18 months to 24 months.
(Signed)
Sibusiso Joel Ndebele
MINISTER OF TRANSPORT
(dated 17 February 2010)

Sec 15. Disqualification from obtaining or holding learner’s or driving licence

(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 3 500 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;
(f) 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;

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 (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 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).
► Comment: This is a very important section. Take note – a person may be disqualified from holding
a licence even though he may have obtained such licence and is in possession of the licence.

Reg 102. Defective vision disqualifying person from obtaining or holding licence
(1) A person shall be disqualified from obtaining or holding a learner’s or driving licence unless—
(a) in the case of an application for a learner’s or driving licence relating to the codes A1, A,
B or EB, such person has—
(i) according to the Snellen rating a minimum visual acuity, with or without refractive
correction, of 6/12 (20/40) for each eye, or where the visual acuity of one eye is
less than 6/12 (20/40) or where one eye of the person concerned is blind, a
minimum visual acuity for the other eye of 6/9 (20/30); and
(ii) a minimum visual field of 70 degrees temporal, with or without refractive correction,
in respect of each eye, or where the minimum visual field in respect of one eye is
less than 70 degrees temporal, or where one eye is blind, a minimum total
horizontal visual field of at least 115 degrees with or without refractive correction;
or
(b) in the case of an application for a learner’s or driving licence relating to the codes C1, C,
EC1 and EC, such person has—
(i) according to the Snellen rating a minimum visual acuity, with or without refractive
correction, of 6/9 (20/30) for each eye; and
(ii) a minimum visual field of 70 degrees temporal in respect of each eye, with or
without refractive correction.
(2) (a) A person who is disqualified in terms of subregulation (1) may at such person’s expense
approach a registered optometrist or ophthalmologist to test such person’s eyes in terms
of the standards referred to in subregulation (1), and the result of such test shall, if it duly
reflects the visual acuity of such person according to the Snellen rating, and his or her
field of vision expressed in degrees, as contemplated in subregulation (1), be accepted
by the driving licence testing centre.
(b) If the result contemplated in paragraph (a) indicates that the person concerned is
disqualified as contemplated in subregulation (1), the driving licence testing centre shall
not issue such person with a learner’s or driving licence with a code to which the
application of that person relates.
► Comment: Ensure your eyes comply with the above provisions, otherwise you will be disqualified
from holding a licence.

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Sec 16. Failure to disclose disqualification in respect of licence authorising driving of
motor vehicle prohibited
(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 chief executive officer of the province
concerned.
(3) When a licence is submitted in terms of subsection (2) the chief executive officer
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 chief
executive officer 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 chief executive officer shall, in the case where the licence—
(a) is contained in an identity document—
(i) not cancel the licence, but endorse the licence accor-dingly and
such endorsement shall be a condition subject to which the licence
is held;
(ii) return the identity document to the holder thereof; or
(b) is not contained in an identity document, issue or authorise the issue of a
new licence in the prescribed manner reflecting the conditions on which it
is issued.

Sec 17. Application for and issue of learner’s licence

(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 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 evaluated in the manner and in
respect of the matters prescribed.
(3) If the driving licence testing centre is satisfied that the applicant, after being evaluated
in the prescribed 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, the driving licence testing centre shall issue a learner’s
licence in the prescribed manner to such applicant in respect of the appropriate class
of motor vehicle, and the driving licence testing centre shall—

(a) in the case where the applicant is found to be competent to drive with the aid of
spectacles or contact lenses, an artificial limb or other physical aid, endorse the
licence accordingly; and
(b) in the case where the applicant is a physically disabled person who has to drive
a vehicle adapted for physically disabled persons, or a vehicle adapted

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 specifically for that physically disabled applicant, endorse the licence accordingly;
and
(4) No person shall wilfully or negligently issue or authorise the issue of a learner’s licence
contrary to the provisions of this Chapter.

(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 disqualified
from reapplying for a learner’s licence for a period not exceeding 12 months from the
date of conviction.
(6) 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).

Reg 103. Manner of application for learner’s licence

(1) An application in terms of section 17(1) or section 24(1) of the Act shall be made by the
applicant at a driving licence testing centre on form LL1 as shown in Schedule 2, and shall be
accompanied—
(a) by two identical black and white or colour photographs of the applicant which—
(i) shall have been recently taken;
(ii) shall be clear cut and without shadows;
(iii) shall be 40 millimetres in length and 30 millimetres in width;
(iv) shall depict only the head and shoulders of the applicant;
(v) shall show the applicant’s full face;
(vi) shall, subject to item (vii), show the applicant without headgear;
(vii) may, if the applicant wears headgear required by a religion of which he or she is a
bona fide member, show the applicant with such headgear: Provided that if the
examiner for driving licences is of the opinion that the photographs showing the
applicant with headgear are inadequate for identification purposes, he or she may
refer the photographs to an official designated by the Director-General of the
Provincial Administration concerned for his or her approval or disapproval;
(aA) if the official referred to in paragraph (a)(vii) does not grant approval of the photographs,
by two photographs taken in the manner agreed to in writing by such official;
(b) acceptable identification of the applicant;
(c) in the case of an applicant who is 65 years of age or older, by the medical certificate on
form MC as shown in Schedule 2, signed by a medical practitioner or occupational health
practitioner, certifying that the applicant is not disqualified in terms of section 15(1)(f) or
(g) of the Act from obtaining a learner’s or driving licence; and
(d) by the appropriate fee as determined by the MEC of the province concerned.
(2) If the applicant—
(a) is on the day determined in terms of section 17(2) of the Act, for any reason whatsoever,
not examined and tested; and
(b) is unable to satisfy the driving licence testing centre concerned that the reason for his or
her not having been examined and tested is due to circumstances beyond his or her
control, the applicant shall again pay the fee referred to in subregulation (1)(d) if the
driving licence testing centre determines another day and time on which the applicant

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 shall present himself or herself to be examined and tested.
Provided that unless the applicant furnishes the driving licence testing centre with a declaration on
form ATD, containing the reason or reasons for the applicant not being examined and tested on the
day determined in terms of section 17(2) of the Act, the centre concerned shall not consider such
reason or reasons for the purpose of this subregulation.
(3) An application for a learner’s licence in terms of section 24(1) of the Act shall be made to the
department of State where the applicant is employed.

Reg 104. Manner in and contents on which applicant for learner’s licence to be tested and
examined
(1) An applicant for a learner’s licence shall be examined and tested by an examiner for driving
licences.
(2) The examiner for driving licences shall satisfy himself or herself that the applicant—
(a) knows and understands—
(i) the rules of the road;
(ii) the road traffic signs; and
(iii) the controls of a motor vehicle of the class to which the application relates; and
(b) is not disqualified in terms of section 15 of the Act read with regulation 102, before issuing
a learner’s licence.
(3) the procedure to be followed by the examiner for driving licences in complying with
subregulation (2) shall include the completion by the applicant of the approved "Theory Test for
Learner's Licence" on form TLL as shown in Schedule 2 or the successful completion of an approved
Learner's Licence Electronic Test.
(4) A person may only do an oral test to obtain a learner’s licence if he or she is illiterate and after
such a person has obtained the permission of the MEC.

Reg 105. Issue of learner’s licence

(1) A learner’s licence shall be issued on form LL2 as shown in Schedule 2 within 2 working days
after the examiner for driving licences notified the applicant that he or she shall be issued with a
learner’s licence, and the examiner for driving licences or a person authorised to do so shall, upon
payment of the applicable fee as determined by the MEC of the province concerned—
(a) complete the learner’s licence, on which the date of birth of the holder shall be reflected;
(b) endorse the learner’s licence accordingly in the case where—
(i) the applicant is found to be competent to drive with the aid of glasses or contact
lenses, an artificial limb or other physical aid;
(ii) 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;
(c) ensure that the applicant signs the learner’s licence;
(d) affix one photograph to the learner’s licence and one photograph to the carbon copy, or
to the application form if the learner’s licence was printed by the computerised register;
(e) affix one lamination strip to the learner’s licence and another to the carbon copy, or to
the application form, if applicable, to cover the photograph, personal particulars and the
code of the learner’s licence of the holder;
(f) issue the learner’s licence; and

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 (g) retain the application form and, if not printed by the computerised register, the carbon
copy of the learner’s licence for record purposes.
(2) In the case of an application for a learner’s licence in terms of section 24(1) of the Act, the
provisions of subsections (2) and (3) of section 17 of the Act shall apply with the necessary changes,
but no fee for the issue of a learner’s licence shall be paid.
► Comment: The term driver’s licence has been changed to driving licence due to SADC
requirements.
Sec 18. Application for and issue of driving licence

(1) Subject to section 24, the holder of a learner’s licence who desires to obtain a driving
licence shall apply in the prescribed manner to an appropriately graded driving licence
testing centre for a licence to drive a motor vehicle of a class the driving of which is
authorised by his or her learner’s licence.
(2) Upon receipt of an application in terms of subsection (1), the driving licence testing centre
concerned shall, if it is satisfied from the information furnished in the application or from
such further information as such centre may reasonably request, that the applicant is not
disqualified from obtaining a driving licence, determine a day on and time at which the
applicant shall present himself or herself to be examined by an examiner for driving
licences in the manner and in respect of the matters as prescribed, and for such purpose
the applicant shall supply a motor vehicle of the class to which his or her application
relates.
(3) An examiner for driving licences shall test an applicant for a driving licence in the manner
and in respect of the matters as prescribed.
(4) If an examiner for driving licences has satisfied himself or herself in terms of subsection
(3) that an applicant for a driving licence is competent, to drive a motor vehicle of the class
to which such applicant's application relates, the examiner shall issue, or authorise a
person employed by the driving licence testing centre concerned to issue, a driving
licence in the prescribed manner to such applicant in respect of that class of motor vehicle,
and the examiner or the said authorised person shall—
(a) in the case where the applicant has in terms of subsection (2) provided a motor
vehicle equipped with an automatic transmission or the motor vehicle is electrically
powered, endorse the driving licence to the effect that authorisation is granted only
for the driving of a motor vehicle equipped with an automatic transmission or which
is electrically powered, as the case may be;
(b) in the case where the applicant is found to be competent to drive with the aid of
spectacles or contact lenses, an artificial limb or other physical aid, endorse the
licence accordingly; and
(c) in the case where the applicant is a physically disabled person who has to drive a
vehicle adapted for physically disabled persons, or a vehicle adapted specifically for
that physically disabled applicant, endorse the licence accordingly.
(5) No person shall wilfully or negligently—
(a) issue a driving licence;
(b) authorise the issue of a driving licence; or
(c) endorse or fail to endorse a driving licence, contrary to this section.
(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 disqualified from re-
applying for a driving licence for a period not exceeding 12 months from the date of
conviction.
(5B) 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

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 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); and
(6) (a) A driving licence which has officially been included in an identity document shall be
deemed to be a driving licence issued under this Act, until a date fixed by the Minister
by notice in the Gazette. [Act 20 of 2003 w.e.f. 30 April 2003.]
(b) In respect of any notice issued in terms of paragraph (a), in the case of any person
who was unable to apply for such a driving licence due to him or her having been—
(i) admitted to any medical facility or detained in any state institution in terms of an
order issued or sentence imposed by a court of law;
(ii) posted by the Government on a foreign mission or assignment;
(iii) on contract of employment outside the borders of the Republic;
(iv) a full-time student at a foreign academic institution; or
(v) a spouse of a person referred to in subparagraphs (ii) and (iii),
the date determined in that notice 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 return to the Republic, be deemed to be a date six months after the date of
such discharge, release or return.
(7) (a) A driving licence other than a licence contemplated in subsection (6) that was valid
immediately before the commencement of this section remains valid until a date
determined by the Minister by notice in the Gazette.
(b) The Minister may—
(i) determine different dates for the expiry of the validity of driving licences
contemplated in paragraph (a) in respect of different categories of persons;
and
(ii) extend any date determined in terms of subparagraph (i).

Reg 106. Manner of application for driving licence

(1) An application for a driving licence in terms of section 18 (1) of the Act, shall be made by the
applicant at a driving licence testing centre on form DL1 as shown in Schedule 2, and shall be
accompanied by—
(a) acceptable identification of the applicant;
(b) every licence which authorises the applicant to drive a motor vehicle;
(c) four photographs of the applicant, that comply with regulation 103 (1); and
(d) the appropriate fee as determined by the MEC of the province concerned.
(1A) Upon receipt of an application contemplated in subregulation (1), the driving licence testing
centre concerned shall affix one photograph of the applicant and one lamination strip to form DL1,
to cover the photograph and personal particulars of the applicant;
(2) If the applicant, on the day determined in terms of section 18 (2) of the Act, is not examined
and tested for any reason whatsoever, and is unable to satisfy the driving licence testing centre
concerned that the reason for his or her not having been examined and tested was due to
circumstances beyond his or her control, he or she shall again pay the fee contemplated in
subregulation (1) (d), if the driving licence testing centre determines another day and time on which
he or she shall present himself or herself to be examined and tested.
Provided that unless the applicant furnishes the driving licence testing centre with a sworn statement
on form ATD, containing the reason or reasons for the applicant not being examined and tested on
the day determined in terms of section 18(2) of the Act, the centre concerned shall not consider such
reasons for the purpose of this subregulation.
(3) (a) The holder of a driving licence issued by a department of State prior to 1 January 1993

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 in terms of section 24 (3) of the Act, may apply for a driving licence in the manner referred
to in subregulation (1), and the application shall further be accompanied by—
(i) the licence held by the applicant; and
(ii) an official letter from the department of State concerned—
(aa) certifying that the licence held by the applicant is valid;
(bb) indicating the equivalent category of the licence as referred to in regulation
99 (4); and
(cc) indicating any conditions and limitations applicable to the licence.
(b) Upon receipt of an application contemplated in paragraph (a), the driving licence testing
centre concerned shall affix one photograph of the applicant and one lamination strip to
form DL1, to cover the photograph and personal particulars of the applicant.
(c) An examiner for driving licences shall, if he or she is satisfied that the documents referred
to in paragraph (a)(i) and (ii) are valid and relate to the category of driving licence for
which the applicant applied, issue; or authorise the issue of; a driving licence in terms of
regulation 108, but the licence which was issued by the department of State shall not be
cancelled and shall be handed back to the applicant.
(4) An application for a driving licence in terms of section 24 (1) of the Act shall be made to the
department of State where the applicant is employed.

Reg 107. Manner and contents on which applicant for driving licence to be examined
(1) An applicant for a driving licence shall be examined and tested by an examiner for driving
licences.
(2) The examiner for driving licences shall by observation, inquiry and practical test, satisfy himself
or herself that the applicant—
(a) holds a learner’s licence which authorises him or her to drive the class of motor vehicle
to which his or her application relates;
(b) knows and understands the road traffic signs;
(c) has a sound knowledge of the rules of the road and the different signals which a driver
of a motor vehicle is required to give when driving on a public road;
(d) is not subject to any disqualification referred to in section 15 of the Act read with
regulation 102; and
(e) is generally capable of driving a motor vehicle of the class to which the application
relates.
(3) In the case where a person applies for a driving licence which authorises him or her to drive
an articulated motor vehicle, or a combination of a motor vehicle and trailer, the practical test shall
be conducted while the semi-trailer is attached to the truck-tractor, or the trailer is attached to the
drawing vehicle, whichever the case may be.
(4) For the purposes of subregulation (2) an applicant shall not be required to undergo a written
test.
(5) An examiner for driving licences shall in compliance with the provisions of paragraph (e) of
subregulation (2)-
(a) in the case of a code B driving licence, test an applicant according to the manual
of the Department "K53 Practical driving test for motor vehicle drivers, Volume 1 -
Light Motor Vehicles" published by the Minister by notice in the Gazette;
(b) in the case of a code C1, C, EC1 or EC driving licence, test an applicant according to

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 the manual of the Department "K53 Practical driving test for motor vehicle drivers,
Volume 2 - Heavy Motor Vehicles", published by the Minister by notice in the Gazette;
(c) in the case of a code Al or A driving licence, test an applicant according to the manual
of the Department "K53 Practical driving test for motor vehicle drivers, Volume 3 -
Motor Cycles" published by the Minister by notice in the Gazette; and
(d) in the case of a code EB driving licence, test an applicant according to the manual
of the Department "K53 Practical driving test for motor vehicle driver, Volume 4 – Light
Motor Vehicles Combination" published by the Minister by notice in the Gazette.

Provided that the examiner for driving licences shall use the electronic score sheet to test an
applicant, if the driving licence testing centre is equipped with a motor vehicle with an electronic
driving licence test surveillance system.

Reg 108. Manner of issue of driving licence

(1) An examiner for driving licences shall forthwith, after the examiner for driving licences notified
the applicant that he or she shall be issued with a driving licence after an examination and test in
terms of regulation 107 or in the case of an application in terms of subregulation (5) (b) or regulation
109, and if he or she is satisfied that the applicant must be issued with a driving licence and that the
applicant is not disqualified from holding a driving licence as contemplated in section 15 (1) (f) (vi) of
the Act read with regulation 102—
(a) complete the authorisation to issue the driving licence on form DL1, as shown in
Schedule 2 and record the authorisation on the register of driving licences;
(b) indicate in the authorisation referred to in paragraph (a) whether the driving licence card
should reflect an endorsement in terms of section 18 (4) of the Act;
(c) except for in the circumstances mentioned in paragraph (d), the examiner for driving
licences shall—
(i) take an imprint of the left thumb and right thumb of the applicant, and should the
applicant not have a left or right thumb, an imprint of such fingers as specified by
the image capturing system, the identification of which shall be noted on the image
capturing system;
(ii) capture the photographic image of the applicant on the image capturing system
depicting only the head and shoulders of the applicant and showing the applicant's
full face and subject to regulation 103(1)(a)(vii), showing the applicant without
headgear;
(iii) capture the signature image of the applicant on the image capturing system;
(iv) ensure that the applicant's vision complies with the requirements referred to in
regulation 102 by using the image capturing system. Provided that should the
applicant fail the automated vision test, the verbal vision test shall be used;
(v) print the image capture sheet on form ICS as shown in Schedule 2 from the image
capturing system;
(vi) record the barcode number on the image capture sheet on the application form
submitted in terms of regulation 106 (1);
(vii) in the case of an application referred to in section 18(1) of the Act, record the test
results of the driving licence test onto the register of driving licences;
(viii) in the case of an application referred to in section 18(1) of the Act, record the code
of the driving licence to be issued and the barcode number on the image capture
sheet onto the register of driving licences;
(ix) retain the image capture sheet for record purposes; and

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 (x) send the disk containing the finger print images, signature and photograph to the
Card Production Facility not later than two working days after the date of the
authorisation referred to in paragraph (a) and, upon receipt of the fee for the
issuance of a driving licence as {p15}determined by the MEC of the province
concerned, if such fee has not already been paid for the simultaneous issue of a
driving licence with a different code, order the driving licence card on which the
driving licence appears from that facility.

Provided that the tasks mentioned in items (viii) to (x) may be performed by an
appropriately trained and appointed employee of the driving licence testing centre
concerned. Provided further that if the register of driving licences is not available, the
tasks referred to in items (vii) and (viii) shall be performed as soon as the register of
driving licences becomes available;

(d) only in the case where the driving licence testing centre concerned has not been
equipped with an image capturing system or in the case where the driving licence testing
centre concerned has been equipped with one or more image capturing systems and all
or at least two such image capturing systems are not available due to a failure and such
failure has been reported according to the call logging procedures or in the case where
the MEC has specifically given authority to the driving licence testing centre to use this
procedure, the examiner for driving licences shall—
(i) ensure that the applicant's vision complies with the requirements referred to in
regulation 102;
(ii) take an imprint of the left thumb and right thumb of the applicant on the image
scanning sheet (form ISS) and the duplicate of it, and should the applicant not have
a left or right thumb, an imprint of such fingers as specified on the ISS form, the
identification of which shall be noted on the image scanning sheet;
(iii) affix one photograph of the applicant to the image scanning sheet (form ISS) and
one photograph to its duplicate;
(iv) ensure that the same barcode number appears on form ISS and the duplicate of
it;
(v) ensure that the applicant signs form ISS and the duplicate of it;
(vi) retain the duplicate of form ISS for record purposes;
(vii) record the barcode number of the image scanning sheet (form ISS) on the
application form submitted in terms of regulation 106 (1);
(viii) in the case of an application referred to in section 18(1) of the Act, record the test
results of the driving licence test onto the register of driving licences
(ix) in the case of an application referred to in section 18(1) of the Act, record the code
of the driving licence to be issued and the barcode number on the image scanning
sheet onto the register of driving licences
(x) retain the image scanning sheet for record purposes; and
(xi) send form ISS to the Card Production Facility not later than two working days after
the date of the authorisation referred to in paragraph (a) and, upon receipt of the
fee for the issuance of a driving licence as determined by the MEC of the province
concerned, if such fee has not already been paid for the simultaneous issue of a
driving licence with a different code, order the driving licence card on which the
driving licence appears from that facility.

Provided that the tasks mentioned in items (ix) to (xi) may be performed by an
appropriately trained and appointed employee of the driving licence testing centre

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 concerned. Provided further that if the register of driving licences is not available, the
tasks referred to in items (viii) and (ix) shall be performed as soon as the register of
driving licences becomes available.

(1A) The driving licence testing centre shall pay over to the Card Production Facility such part of
the fee, referred to in subregulation (1), payable in accordance with the agreement between that
Facility and the Corporation, the amount of which shall be published by the Minister in the Gazette.

AMOUNT PAYABLE BY A DRIVING LICENCE TESTING CENTRE IN TERMS OF REGULATIONS

108 (1A) AND 119 (1A) OF THE NATIONAL ROAD TRAFFIC REGULATIONS, 2000 UNDER THE
ACT
[Published in Government Gazette 37160, No. R. 1217 of 17 December 2013]
I, Dipuo Peters MP, Minister of Transport, acting in terms of section 75 of the National Road Traffic Act, 1996 (Act
No. 93 of 1996) read with regulations 108(1A) and 119(1A) of the National Road Traffic Regulations, 2000 do hereby
increase the amount that a driving license testing centre shall pay over to the Card Production Facility as
contemplated in the said regulations, as being R79,00 for every issuance of a driving license card or professional
driving permit, the application of which is received on or after 1 January 2014.
(Signed)
Ms. Dipuo Peters, MP
Minister of Transport

(2) (a) On receipt of the disk referred to in subregulation (1)(c)(viii) or form ISS referred to in
subregulation (1)(d)(vii) and the order for the driving licence card, the Card Production
Facility shall, if the images recorded onto the disk or image scanning sheet concerned
are accepted—
(b) If the images recorded onto the disk or image scanning sheet concerned are not
accepted by the Card Production Facility, the applicant shall again report to the driving
licence testing centre for the repeat of subregulation (1)(c) or, if approved by the driving
licence testing centre, submit a further two photographs of himself or herself that comply
with regulation 103(1) upon receipt of which the examiner for driving licences shall repeat
subregulation (1)(d).
(3) On receipt of the driving licence card referred to in subregulation (2), the driving licence testing
centre shall—
(a) record the receipt of the driving licence card on which the driving licence appears in the
register of driving licences;
(b) notify the applicant on form NCD as shown in Schedule 2, to collect the driving licence
card at the centre;
(c) after presentation of the applicant’s acceptable identification and the submission of every
licence and professional driving permit held by the applicant, issue such driving licence
card to the applicant;
(d) if the applicant so requires, stamp and sign a copy of the previous licence, which is
submitted with form NCD as shown in Schedule 2, so that it may be retained by the
applicant as proof of the previous licence and the date of issue of it;
(e) ensure that the applicant acknowledges receipt of the driving licence card on form DL1
or form NCD, as shown in Schedule 2;
(f) update the register of driving licences accordingly to reflect the issue of the driving
licence card.
(4) An examiner for driving licences shall, except where previously otherwise agreed with the
applicant, deface an unclaimed driving licence card 120 days after the notice referred to in
subregulation (3) (b) was posted, and record the fact that it has been defaced on the register of
driving licences.

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(5) (a) Subject to regulation 101 (2) (a), a driving licence card shall expire five years from the
date on which it has been ordered from the Card Production Facility. Provided that where
a person has applied for a new driving licence card in the manner contemplated in
paragraph (b) on or before the expiry date of the driving licence card held by such person,
the new driving licence card shall expire five years from the date after the expiry date of
the driving licence card held by such person.
(b) The holder of a driving licence card may apply for a new card in the manner contemplated
in regulation 109 and the new card shall be authorised and issued in the manner
contemplated in regulation 109 (3).
(6) (a) Notwithstanding the provisions of subregulation (5) (a), where a person has applied for
a new driving licence card in the manner contemplated in subregulation (5) (b) on or
before the expiry date of the driving licence card held by such person and a driving
licence of the person concerned has not been suspended or cancelled, that card shall
remain valid until the new driving licence card has been issued in terms of subregulation
(3) but not for more than three months after the expiry date of such driving licence card.
(b) The provisions of paragraph (a) shall only apply if the holder of the driving licence card
is in possession of the driving licence card previously issued to him or her and proof of
the fees paid in terms of Regulation 109 (2) (c) for a new driving licence card as
contemplated in Regulation 108 (1).

Reg 109. Application for and issue of duplicate of licence

(1) Subject to subregulation (2), an application for a duplicate of a learner's licence shall be made
in person by the applicant on form LL1 as shown in Schedule 2 and an application for a duplicate
driving licence card shall be made in person by the applicant on form DL1 as shown in Schedule 2
at any driving licence testing centre.
(2) An application for a duplicate driving licence card by an applicant, who permanently or
ordinarily resides in another country, shall be made on form DL1 as shown in Schedule 2 within
seven years after the applicant has left the Republic and may be submitted by another person on
behalf of the applicant to any driving licence testing centre.
(3) An application referred to in subregulation (1) shall be accompanied by-
(a) the original licence or, where the original licence is lost or destroyed, a declaration to that
effect on form DCT as shown in Schedule 2;
(b) two photographs of the applicant, that comply with regulation 103 (1), unless the
applicant wishes to obtain a duplicate driving licence card which expires when the
original driving licence card would have expired in terms of regulation 108 (5);
(c) in the case of an application for a duplicate of a learner's licence, the fee as determined
by the MEC of the province concerned for the issue of a duplicate learner's licence, and
in the case of an application for a duplicate driving licence card, the fee for the issue of
a driving licence card contemplated in regulation 108 (1); and
(d) acceptable identification of the applicant.
(4) An application referred to in subregulation (2) shall be accompanied by—
(a) an affidavit made by the applicant stating the country, city or town and residential address
where he or she resides, the period of stay, that he or she will be unable to receive the
card in person, and the name and identification number of the person who will submit
the application and receive the card on his or her behalf;
(b) two photographs of the applicant, that comply with regulation 103 (1);
(c) the fee for the issue of a driving licence card contemplated in regulation 108 (1);
(d) a certified copy of the acceptable identification of the applicant and a certified copy of

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 the identity document of the person who is submitting the application on behalf of the
applicant;
(e) a certified copy of the identification page of the passport of the applicant and the page
stamped by the Department of Home Affairs when he or she left the Republic and the
page stamped by the country in which he or she resides when he or she entered the
country concerned; and
(f) a report issued less than six months before the date of application by an optometrist or
ophthalmologist relating to the testing of the applicant's eyes in terms of the standards
referred to in regulation 102 (1).
(5) Upon receipt of an application referred to in subregulation (1) or (2), the driving licence testing
centre shall —
(a) ensure that the application is complete and in order;
(b) ensure that the licence concerned is not subject to a suspension or cancellation; and
(c) issue the duplicate of the learner's licence or driving licence card, in accordance with
regulation 105 or 108, respectively. Provided that in the case of an application referred
to in subregulation (2), the examiner for driving licences shall follow the procedure in
regulation 108(1)(d) and shall not be required to perform the tasks mentioned in items
(ii) and (v) and the driving licence card shall be issued as referred to in regulation
112A(1).

Sec 19. Substitution of driving licence issued before certain date

(1) The holder of a driving licence contemplated in section 18 (6) or (7) shall apply to a driving
licence testing centre for the issue of a driving licence in substitution of his or her existing
licence.
(2) An application under subsection (1) shall be made in the prescribed manner and be
accompanied by the prescribed documents.
(3) Upon receipt of an application under subsection (1), the examiner for driving licences, 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.
(4) Any person whose licence has become invalid in terms of subsection (3) and who requires
a driving licence must apply anew for the issue of a licence in terms of section 18.

Reg 111. Application for driving licence in terms of section 19 of Act and regulation
110(6)(a)
(1) Subject to subregulation (2), an application for a driving licence contemplated in section 19 of
the Act and regulation 110(6)(a) shall be made by the applicant at a driving licence testing centre on
form DL1 as shown in Schedule 2 and shall be accompanied by—
(a) acceptable identification of the applicant;
(b) the existing driving licence or its duplicate;
(bA) in the case of an application referred to in regulation 110 (6) (a), a certified copy of the
permanent residency permit of the applicant or a certified copy of the applicant's
diplomatic permit or treaty permit; and;
(c) two photographs of the applicant, and in the case of an application referred to in
regulation 110(6)(a), four photographs of the applicant, that comply with regulation
103(1); and

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 (d) the fee contemplated in regulation 108(1).
(1A) In the case where the driving licence of the applicant is contained in an identity document and
the particulars of that driving licence is recorded in the register of driving licences, but the applicant
is no longer in possession of the driving licence, the applicant shall make a declaration on form DCT,
which shall be sufficient for the purposes of subregulation (1)(b).
(2) In the case of a licence issued in a prescribed territory, where the existing driving licence is not
contained in an identity document and the applicant is no longer in possession of that driving licence,
the application for a driving licence contemplated in regulation 110(6)(a), shall be made in the
manner contemplated in regulation 112(2) and the examiner for driving licences shall act as
contemplated in regulation 112(3).
(3) Upon receipt of an application referred to in subregulation (1), the examiner for driving licences
shall, if he or she is satisfied that—
(a) the applicant is not disqualified from holding a driving licence as contemplated in section
15(1)(f)(vi) of the Act read with regulation 102;
(b) if the driving licence is contained in an identity document, the particulars of the driving
licence are recorded in the register of driving licences;
(c) if the driving licence is not contained in an identity document—
(i) in the case where that driving licence testing centre issued the licence, the
particulars of the driving licence is recorded on the driving licence records of the
centre; or
(ii) in the case where another authority keeps the record of the driving licence
concerned, the authority concerned confirms in writing that the licence was issued
and that the particulars of the driving licence are correct,
authorise the issue and issue a new driving licence in the manner referred to in
regulation 108.
(4) In the case where the particulars of the existing driving licence, which is contained in an identity
document, is not recorded in the register of driving licences, the examiner for driving licences or the
person authorised thereto shall obtain from the driving licence testing centre which issued the driving
licence or the provincial administration concerned written confirmation that the driving licence was
issued and that the particulars of the driving licence is correct as provided for in regulation 112(2).

Sec 20. Special provisions in relation to driving licences which ceased to be valid in terms
of road traffic ordinance
(1) The holder of a licence issued in terms of section 57 of the road traffic ordinance,
which licence ceased to be a valid driving licence in terms of—
(a) section 59 (1) of the said Ordinance (Transvaal);
(b) section 59 (1) of the said Ordinance (Natal);
(c) section 59 (2) of the said Ordinance (the Orange Free State); and
(d) section 59A (1) of the said Ordinance (the Cape of Good Hope),
may, subject to section 15 of this Act, apply to a prescribed authority that a driving
licence be issued to him or her, to drive a motor vehicle of a class corresponding
to the class mentioned in the licence issued to him or her, in terms of section 57
of the Ordinance concerned, subject to such conditions as may apply to the latter
licence.
(2) An application for a driving licence under subsection (1) shall be accompanied
by—

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 (a) the licence issued in terms of section 57 of the road traffic ordinance or a
duplicate thereof; or
(b) the prescribed form.

(3) Upon receipt of an application under subsection (1), the prescribed authority shall
satisfy itself in the prescribed manner as to the authenticity of the document
referred to in subsection (2) (a) and, if satisfied that—
(a) the existing licence is a valid licence;
(b) the applicant is the holder thereof; and
(c) the holder is not disqualified 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).
► Comment: These licences are the old card licences which became invalid if they were not included
in an identity document. The legislation was applicable before 1985.

Reg 112. Application for driving licence in terms of section 20 of Act and regulation
110(6)(b)
(1) (a) An application referred to in section 20(1) of the Act shall, if the applicant is still in
possession of the driving licence issued in terms of section 57 of the road traffic
ordinance or its duplicate, be made at a driving licence testing centre by the holder on
form DL1 and shall be accompanied by—
(i) the fee as contemplated in regulation 108(1);
(ii) the existing licence or its duplicate;
(iii) two photographs of the applicant that comply with regulation 103(1); and
(iv) acceptable identification of the applicant.
(b) Upon receipt of the application the driving licence testing centre shall—
(i) in the case where that driving licence testing centre issued the licence, determine
from the driving licence records of the centre whether the licence concerned was
issued and whether the licence particulars are correct; and
(ii) in the case where another authority keeps the record of the driving licence
concerned, obtain written confirmation from that authority that the licence
concerned was issued and that the licence particulars are correct.
(2) (a) In the case of an application referred to in section 20(1) of the Act where the applicant is
no longer in possession of the driving licence issued in terms of section 57 of the road
traffic ordinance or a duplicate of it, and in the case of an application referred to in
regulation 110(6)(b), the applicant shall apply to the authority that issued the licence or
the provincial administration concerned for form POD on form APD as shown in Schedule
2, and such application shall be accompanied by—
(i) the fee as determined by the MEC of the province concerned;
(ii) two photographs of the applicant that comply with regulation 103(1); and
(iii) acceptable identification of the applicant.
(b) Upon receipt of the application the authority concerned shall, if it is satisfied that the
licence concerned was issued by that authority, complete form POD as shown in
Schedule 2, issue that form to the applicant and retain a copy of it for record purposes.
(c) The said applicant shall upon being issued with form POD make an application on form
DL1 to a driving licence testing centre, which shall be accompanied by—
(i) the fee as contemplated in regulation 108(1);

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 (ii) two photographs of the applicant that comply with regulation 103(1);
(iii) form POD; and
(iv) acceptable identification of the applicant.
(3) Upon receipt of an application referred to in subregulation (1) or (2), the examiner for driving
licences shall, if he or she is satisfied that the applicant is not disqualified from holding a driving
licence as contemplated in section 15(1)(f)(vi) of the Act read with regulation 102, authorise the issue
and issue the driving licence in the manner referred to in regulation 108.

Reg 112A. Authorisation to allow person to receive driving licence card on behalf of another
person
(1) Notwithstanding regulation 108—
(a) if an applicant knows that he or she will be unable to receive the driving licence card in
person at the driving licence testing centre—
(i) the application shall be accompanied by—
(aa) a certified copy of the identity document of the person who will receive the
card on the applicant’s behalf; and
(bb) an affidavit made by the applicant stating the reason why he or she will be
unable to receive the card in person, and the name and identification
number of the person who will receive the card on his or her behalf; and
(ii) the person whose name and identification number appears on the affidavit shall
receive the card on behalf of the applicant and shall present his or her identity
document upon such receipt; or
(b) if an applicant is unable to receive the card in person due to unforeseen circumstances,
the person who receives the card on behalf of the applicant shall submit—
(i) his or her identity document and a certified copy thereof;
(ii) a certified copy of the identity document of the applicant; and
(iii) an affidavit made by the applicant which contains an explanation of the unforeseen
circumstances preventing him or her from receiving the card in person and the
name and identification number of the person who will receive the card on his or
her behalf.
(2) The driving licence testing centre shall upon submission of the said documents issue the card
to the said person.
► Comment: This is a practical arrangement that allows a person to send another person to collect
his licence.

Reg 113. Manner of notification of new residential and postal address

Notice of a licence holder’s new residential or postal address in terms of section 22 of the Act shall—
(a) be given on form NCP as shown in Schedule 2, to the appropriate registering authority
of the licence holder, and
(b) be accompanied by proof, in terms of regulation 32A(3), of such change.

Reg 113A. Procedure after suspension or cancellation of licence in terms of section 34 of the
Act
If a court has suspended or cancelled a licence in terms of section 34 of the Act, the registrar or clerk
of the court shall send such licence to the Provincial Administration concerned for safekeeping until

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the suspension period has expired or for the destruction of such licence if such licence has been
cancelled.

Sec 21. Directions to applicant for learner’s or driving licence

Notwithstanding anything to the contrary contained in this Act an applicant for a learner's or driving
licence shall apply to be evaluated at any driving licence testing centre.

Sec 22. Holder of licence to drive motor vehicle shall give notice of change of place of
residence
When the holder of a licence to drive a motor vehicle which was issued in terms of this Chapter, has
changed his or her place of residence permanently, he or she shall, within 14 days after such change,
notify in the prescribed manner the registering authority in whose area he or she is ordinarily resident
of his or her new residential and postal address.

Sec 23. When licence not issued in terms of this Act deemed to be driving licence
(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.
► Comment: This section acknowledges foreign licences that may be used in South Africa.
Reg 110. Conditions for acknowledgement and exchange of driving licence not issued in
terms of Act, and international driving permit
(1) Subject to subregulation (1A) and (3), a driving licence referred to in section 23 (1) (a) of the
Act, issued while the holder of it was not permanently or ordinarily resident in the Republic, shall, for
the period for, and subject to the conditions under which it was issued, be deemed to be a valid
licence for the purposes of Chapter IV of the Act, if—
(a) (i) the licence has been issued in an official language of the Republic; or
(ii) a certificate of authenticity or validity relating to the licence issued in an official
language of the Republic by a competent authority, or a translation of that licence
in such official language, is attached to it; and

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 (b) such licence contains or has attached to it, a photograph and the signature of the licence
holder.
(1A) For the purpose of subregulation (1) the phrase “not permanently or ordinarily resident in
the Republic” means being outside the borders of South Africa for an uninterrupted period of more
than three months.
(2) Subject to subregulation (3), an international driving permit referred to in section 23 (1) (b) of
the Act shall be deemed to be a valid licence for the purposes of Chapter IV of the Act for the period
for, and, subject to the conditions under which it was issued.
(3) When the holder of a licence referred to in section 23 (1) (a) of the Act or the holder of an
international driving permit referred to in section 23 (1) (b) of the Act—
(a) returns to the Republic to resume permanent residence, such licence or permit shall no
longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, if it
becomes invalid in the country or territory of issue; or
(b) obtains permission in terms of any law for permanent residence in the Republic, such
licence or permit shall no longer be deemed to be a valid licence for the purposes of
Chapter IV of the Act, if it becomes invalid in the country or territory of issue.

Provided that the period of validity of such driving licence shall not exceed a period of five
years from the date when such person is granted permanent residence status in the Republic.

(4) Notwithstanding this regulation, a driving licence shall be deemed to be a valid licence for the
purposes of Chapter IV of the Act, if such licence was issued in a territory previously known as—
(a) The Republic of Bophuthatswana;
(b) The Republic of Ciskei;
(c) Gazankulu;
(d) KaNgwane;
(e) KwaNdebele;
(f) KwaZulu;
(g) Lebowa;
(h) QwaQwa;
(i) The Republic of Transkei; or
(j) The Republic of Venda.
(5) A licence referred to in section 23 (1) (a) or an international driving permit referred to in section
23 (1) (b) of the Act may, within a period of 5 years, and during the validity thereof, and after the
holder thereof returns to the Republic to resume permanent residence or obtains permission in terms
of any law for permanent residence in the Republic, be exchanged for a driving licence in terms of
subregulation (6) and (7): Provided that the requirements for permanent residency shall not apply to
holders of diplomatic permits and treaty permits.
(6) (a) An application referred to in section 23 (3) of the Act shall, subject to subregulations (7)
and (8), be made in the manner contemplated in regulation 111, and an application for
the exchange of an international driving permit shall, in addition to the requirements of
regulation 111 (1), be accompanied by the driving licence on the authority of which the
permit was issued.
(b) In the case of an application referred to in paragraph (a) for the exchange of a driving
licence referred to in subregulation (4), which driving licence is no longer in the
possession of the applicant, such application shall be made in the manner contemplated
in regulation 112 (2) and the driving licence shall be authorised and issued in the manner

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 contemplated in regulation 112 (3).
(7) (a) Subject to paragraph (b), the driving licence testing centre concerned shall upon receipt
of an application referred to in subregulation (6) (a), authorise the issue and issue a
driving licence for the class or classes of motor vehicles to which the existing licence
relates.
(b) The driving licence testing centre concerned shall authorise the issue and issue the
licence referred to in paragraph (a) in the manner referred to in regulation 108 if—
(i) it is satisfied that the applicant is the holder of the licence or permit, as the case
may be, referred to in subregulation (1) and (2);
(ii) it is satisfied that the licence or permit is still valid in the country or territory of issue;
and
(iii) in the case of an application for the exchange of a driving licence referred to in
subregulation (4), if the MEC concerned confirms in writing that the applicant is the
holder of a valid licence.
(8) If there is a dispute as to the class of motor vehicle in respect of which a driving licence has
been issued in terms of subregulation (7) (a), the MEC concerned shall determine the class of the
motor vehicle.

Sec 24. Department of State may issue learner’s or driving licence to person in its
employment only
(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.
► Comment: This section allows for army licences to be converted to civilian licences without the
person being re-tested.

Sec 25. Suspension or cancellation by chief executive officer of licence authorising driving
of motor vehicle
(1) If the holder—
(a) of a learner’s or driving licence issued in terms of this Chapter, a repealed
ordinance or any prior law, is disqualified in terms of section 15 from
holding it, the chief executive officer shall cancel such licence; or
(b) of a licence referred to in paragraph (a) would constitute a source of
danger to the public by driving a motor vehicle on a public road, the chief
executive officer may cancel or suspend such licence.
(2) For the purposes of subsection (1) the chief executive officer may request the
holder of the licence concerned to submit himself or herself within such period as
the chief executive officer may determine—
(a) to an examination and a test by one or more examiners for driving licences
nominated by the chief executive officer, to determine his or her
competency to drive a motor vehicle of the class to which his or her licence

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 relates, and for the purpose of such examination and test the holder of the
licence concerned shall provide a motor vehicle of the class concerned:
Provided that the holder of the licence concerned may request that he or
she be submitted to an examination and a test to determine his or her
competency to drive a motor vehicle—
(i) of any other class of which the driving is authorised by his or her
licence; or
(ii) of a specific prescribed class,
and for the purpose of such examination and test he or she shall provide
a motor vehicle of the class concerned;
(b) to an examination, at the cost of the Administration of the province
concerned, by a medical practitioner nominated by the chief executive
officer, to determine his or her physical and mental fitness to drive a motor
vehicle; or
(c) to an examination and a test contemplated in paragraph (a) and an
examination contemplated in paragraph (b).
(3) If the holder of the licence concerned is, after the examination and test in terms
of subsection (2) (a), found to be competent to drive a motor vehicle of the class
provided by him or her and is not disqualified in terms of section 15, the chief
executive officer may direct—
(a) that every licence authorising the driving of a motor vehicle and of which
he or she is the holder shall be cancelled; and
(b) that a driving licence in respect of a motor vehicle of the class provided by
him or her shall be issued to him or her by an examiner for driving licences
of the authority authorised thereto by the chief executive officer, and for
that purpose the provisions of section 18 (4) shall apply with the necessary
changes.
(4) If any person, after having been examined and tested in terms of subsection
(2) (a), is found not to be competent to drive a motor vehicle of the class provided
by him or her, the chief executive officer shall forthwith cancel the licence
concerned.
(5) If any person fails to comply with a request in terms of subsection (2), the chief
executive officer may forthwith suspend or cancel, as the case may be, the licence
concerned unless such person is able to satisfy the chief executive officer within
a period determined by the chief executive officer that such failure was due to a
reason beyond his or her control and that such licence should not be so
suspended or cancelled.
(6) The suspension or cancellation of a licence in terms of this section shall apply to
any other learner’s or driving licence held by the holder of such suspended or
cancelled licence and recognised in terms of this Chapter as a valid licence, as
the chief executive officer 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 chief executive officer 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 chief executive officer or the inspector of licences, as
the case may be, shall record particulars of the cancellation or
suspension in that register;

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 (ii) and particulars thereof are not contained in the register for driving
licences, the chief executive officer 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 chief executive officer 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 chief executive
officer 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 chief executive officer 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
chief executive officer 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.

Sec 26. Lapsing of endorsement on licence

(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.

Reg 114. Manner of application for and issue of driving licence free of endorsements
An application for and issue of a driving licence free of endorsements in terms of section 26(2) of the
Act shall be made in the manner prescribed in regulation 109, in so far as it relates to the driving
licence.

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Sec 27. Cancellation or amendment of endorsement on licence
(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 chief executive officer concerned shall issue the applicant with a
receipt for such licence or document, which shall be deemed to be
sufficient for the purposes of section 12 (b).
(3) Upon receipt of an application under subsection (1) the chief executive officer
may, for the purpose of the consideration thereof—
(a) require the applicant to submit such further statement or document; or
(b) take such other steps,
as the chief executive officer may deem expedient.
(4) If an application under subsection (1)—
(a) is refused by the chief executive officer, he or she shall notify the applicant
accordingly and return the licence or identity document concerned to him
or her; or
(b) is granted by the chief executive officer, he or she shall—
(i) cancel the licence and issue or authorise the issue of a new licence
in the prescribed manner without endorsement or reflecting the
amended endorsement, as the case may be; and

(ii) notify the authority which issued the licence accordingly.

Sec 28. Instructor to be registered

(1) No person shall act as instructor unless he or she is registered in terms of section 28B.
(2) No person shall employ any other person as an instructor or make use of any other person’s
services as instructor, unless that other person is registered as an instructor in terms of
section 28B.

Sec 28A. Application for registration as instructor

Any person desiring to be registered as an instructor shall in the prescribed manner apply to the
chief executive officer.

Sec 28B. Registration and grading of instructors

(1) No person shall be registered to act as instructor unless he or she—
(a) has passed the prescribed examination;

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 (b) is of good character; and
(c) is mentally and physically fit to act as instructor and was medically examined to
ascertain such fitness.
(2) A person referred to in subsection (1) shall only be registered as instructor in respect of
a class of motor vehicle which he or she is licensed to drive.
(3) The chief executive officer shall, if satisfied that an applicant referred to in section 28A
complies with subsections (1) and (2), register and grade such applicant in the prescribed
manner.

Sec 28C. Suspension and cancellation of registration of instructor

The chief executive officer may, for the period he or she deems fit, in the prescribed manner,
suspend or cancel the registration of an instructor if that instructor—
(a) in the opinion of the chief executive officer, is guilty of misconduct in the exercise of his
or her powers or the performance of his or her duties; or
(b) failed within the prescribed period to attend an appropriate refresher course at a training
centre approved by the Shareholders Committee.

Sec 29. Voidness of licence issued contrary to Chapter

A learner’s or driving licence issued contrary to this Chapter, shall be void, and upon the
request of the inspectorate of driving licence testing centres, 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 the inspectorate of driving licence testing centres, 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 only cancel the licence with the prior approval
of the inspectorate of driving licence testing centres.

Sec 30. Use of somebody’s learner’s or driving licence by another prohibited

No person who is the holder of a learner’s or driving licence shall allow such licence to
be used by any other person.

Sec 31. Unlicensed driver not to be employed or permitted to drive motor vehicle
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

Learning objectives:
Students must be able to list the categories of drivers that need professional driving permits. The
application requirements must also be understood.

Sec 32. Professional driver to have permit

(1) 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 learner’s licence who

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 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 paragraph 2 of Schedule 6 to the Constitution of the
Republic of South Africa, 1996 (Act No. 108 of 1996), 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.

Reg 115. Certain drivers of certain vehicles to hold professional driving permit
(1) Subject to the provisions of subregulation (2), a professional driving permit shall be held by the
driver of—
(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
(b) a breakdown vehicle;
(c) a bus;
(d) a minibus—
(i) the gross vehicle mass of which exceeds 3 500 kilograms; or
(ii) which is designed or adapted for the conveyance of 12 or more persons, including
the driver;
(e) a motor vehicle used for the conveyance of persons for reward or is operated in terms of
an operating licence issued in accordance with the provisions of the NLTTA.
(f) a motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms to which
regulations 273 to 283 apply as contemplated in regulation 274;
(g) a motor vehicle conveying 12 or more persons including the driver.
(2) The provisions of subregulation (1) does not apply—
(a) to a traffic officer, examiner of vehicles or examiner for driving licences in the
performance of his or her duties as contemplated in section 3I, 3G and 3H of the Act,
respectively;
(b) to a person driving a hearse;
(c) to a person driving a motor vehicle referred to in regulation 21(1) or 21(5);
(d) subject to regulation 99(2), to a person driving a motor vehicle for which he or she holds

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 a valid learner’s licence with the code prescribed for that vehicle in terms of regulation
99(1), while being accompanied by a person holding a valid professional driving permit
which authorises him or her to drive that vehicle;
(e) to a person driving a tractor.

➢ SEE REGULATION 338A FOR TRANSITIONAL PROVISION

Reg 116. Categories of, and authority conveyed by, professional driving permit
(1) Professional driving permits are divided in the following categories:
(a) Category “G”, which authorises the driving of a motor vehicle as referred to in regulation
115(1)(a) and (b);
(b) category “P”, which authorises the driving of a motor vehicle referred to in regulation
115(1)(a), (b), (c), (d), (e) and (g); and
(c) category “D”, which authorises the driving of a motor vehicle referred to in regulation
115(1).
(2) For the purpose of subregulation (1), the term “driving” shall include the driving of a motor
vehicle drawing another motor vehicle the last named of which is a motor vehicle as contemplated
in regulation 115(1).
(3) The authority provided by a professional driving permit only applies in respect of a vehicle for
which the holder holds a valid driving licence.

PROFESSIONAL DRIVING PERMIT

Regulations 117(e)
DETERMINATION OF DATE REFERRED TO IN REGULATION 117(E) OF THE
NATIONAL ROAD TRAFFIC REGULATIONS, 2000 UNDER THE NATIONAL ROAD
TRAFFIC ACT, 1996 (ACT 93 OF 1996)

The Minister of Transport (Jeffrey Thamsanqa Radebe), determined that from 1 July
2008 an application for a category “D” Professional Driving Permit shall be accompanied
by a certificate from an approved Dangerous Goods Driver Training Body.
[Government Gazette No: 30763, Notice number 155, dated 8 February 2008]

Reg 117. Disqualification from obtaining professional driving permit

A professional driving permit shall not be issued by a driving licence testing centre—
(a) unless the applicant is in possession of a valid driving licence for a motor vehicle in
respect of which the permit is applied for;
(aA) unless, in the case of an application for a category “P” and “D” professional driving permit,
the applicant is of the age of 21 years and 25 years, respectively, or over;
(b) unless a registered medical practitioner or occupational health practitioner has examined
the applicant to determine whether or not he or she is disqualified from driving a motor
vehicle as contemplated in section 15 (1) ( f ) of the Act, and has certified the applicant
to be medically fit on form MC as shown in Schedule 2 not more than 2 months prior to
the date of the application;
(c) if the applicant has, within a period of five years prior to the date of application, been
convicted of or has paid an admission of guilt on –
(i) driving a motor vehicle while under the influence of intoxicating liquor or a drug having
a narcotic effect;

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 (ii) driving a motor vehicle while the concentration of alcohol in his or her blood or
breath exceeded a statutory limitation;
(iii) reckless driving; or
(iv) in the case of an application for a category “P” and “D” permit, an offence of which
violence was an element;
(d) during any period for which a professional driving permit or driving licence held by the
applicant has been suspended or if such permit or licence has been cancelled; or
(e) unless, from a date to be determined by the Minister by notice in the Gazette, the
applicant for a category “D” permit holds a certificate obtained from an approved training
body as contemplated in regulation 280, not more than 6 months prior to the date of
application.
► Comment: This regulation prescribes the offences that would disqualify a person from obtaining
a Prdp.

Reg 118. Application for professional driving permit

(1) The driver of a vehicle contemplated in regulation 115(1) shall apply at a driving licence testing
centre for a professional driving permit on form PD1 as shown in Schedule 2.
(2) An application referred to in subregulation (1) shall be accompanied by—
(a) the fee for an application for a professional driving permit as prescribed by the MEC of
the province concerned;
(b) acceptable identification of the applicant;
(c) two photographs of the applicant that comply with regulation 103(1);
(d) the original driving licence which authorises the applicant to drive a motor vehicle to
which his or her application for a professional driving permit relates;
(dA) from the date referred to in regulation 117(e), the training certificate referred to in the
said regulation, if applicable;
(e) the medical certificate on form MC as shown in Schedule 2; and
(f) any other professional driving permit or public driving permit already held by the
applicant.
(3) Upon receipt of an application made in terms of this regulation, the testing centre shall—
(a) ensure that the application is in order with reference to regulation 117 and subregulation
(2);
(aA) ensure that the applicant is not disqualified as contemplated in section 15 of the Act read
with regulation 102;
(b) verify that the photographs submitted are those of the applicant; and
(c) record the application on the register of professional driving permits and verify from such
register that the applicant is not subject to a suspension or cancellation of any driving
licence or professional driving permit held by him or her.
(4) If the driving licence testing centre is satisfied that the application is in order, it shall request
the officer in charge of the nearest South African Police Service station for a report of the convictions
identified in regulation 117(c), if any, recorded against the applicant and for the purpose of such
report, any member of the South African Police Service may take the finger and palm prints of the
applicant.

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Reg 119. Manner of issue of professional driving permit
(1) If the examiner for driving licences is satisfied that the applicant complies with the requirements
for the issue of a professional driving permit or in the case of an application in terms of regulation
121, the examiner concerned shall forthwith, if he or she is satisfied that the applicant must be issued
with a professional driving permit and that the applicant is not disqualified from holding a driving
licence as contemplated in section 15 (1) (f) (vi) of the Act read with regulation 102—
(a) complete the authorisation to issue the professional driving permit on form PD1, as
shown in Schedule 2 and record the authorisation on the register of professional driving
permits;
(b) ensure, from the date referred to in regulation 117(e), that the applicant holds a training
certificate referred to in the said regulation, if applicable;
(c) except for in the circumstances mentioned in paragraph (d), the examiner for driving
licences shall—
(i) take an imprint of the left thumb and right thumb of the applicant, and should the
applicant not have a left or right thumb, an imprint of such fingers as specified by
the image capturing system, the identification of which shall be noted on the image
capturing system;
(ii) capture the photographic image of the applicant on the image capturing system
depicting only the head and shoulders of the applicant and showing the applicant's
full face and subject to regulation 103(1)(a)(vii), showing the applicant without
headgear;
(iii) capture the signature image of the applicant on the image capturing system;
(iv) ensure that the applicant's vision complies with the requirements referred to in
regulation 102 by using the image capturing system. Provided that should the
applicant fail the automated vision test, the verbal vision test shall be used;
(v) print the image capture sheet on form ICS as shown in Schedule 2 from the image
capturing system;
(vi) record the barcode number on the image capture sheet on the application form
submitted in terms of regulation 106 (1) and on the register of driving licences;
(vii) retain the image capture sheet for record purposes; and
(viii) send the disk containing the finger print images, signature and photograph to the
Card Production Facility not later than two working days after the date of the
authorisation referred to in paragraph (a) and, upon receipt of the fee for the
issuance of a driving licence as determined by the MEC of the province concerned,
if such fee has not already been paid for the simultaneous issue of a driving licence,
order the driving licence card on which the professional driving permit appears from
that facility.

Provided that the tasks mentioned in items (vi) to (viii) may be performed by an
appropriately trained and appointed employee of the driving licence testing centre
concerned;

(d) only in the case where the driving licence testing centre concerned has not been
equipped with an image capturing system or in the case where the driving licence testing
centre concerned has been equipped with one or more image capturing systems and all
or at least two such image capturing systems are not available due to a failure and such
failure has been reported according to the call logging procedures or in the case where
the MEC has specifically given authority to the driving licence testing centre to use this
procedure, the examiner for driving licences shall—
(i) ensure that the applicant's vision complies with the requirements referred to in

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 regulation 102;
(ii) take an imprint of the left thumb and right thumb of the applicant on the image
scanning sheet (form ISS) and the duplicate of it, and should the applicant not have
a left or right thumb, an imprint of such fingers as specified on the ISS form, the
identification of which shall be noted on the image scanning sheet;
(iii) affix one photograph of the applicant to the image scanning sheet (form ISS) and
one photograph to its duplicate;
(iv) ensure that the same barcode number appears on form ISS and the duplicate of
it;
(v) ensure that the applicant signs form ISS and the duplicate of it;
(vi) retain the duplicate of form ISS for record purposes;
(vii) record the barcode number of the image scanning sheet (form ISS) on the
application form submitted in terms of regulation 106 (1) and on the register of
driving licences; and
(viii) send form ISS to the Card Production Facility not later than two working days after
the date of the authorisation referred to in paragraph (a) and, upon receipt of the
fee for the issuance of a driving licence as determined by the MEC of the province
concerned, if such fee has not already been paid for the simultaneous issue of a
driving licence, order the driving licence card on which the professional driving
permit appears from that facility.
Provided that the tasks mentioned in items (vi) to (viii) may be performed by an
appropriately trained and appointed employee of the driving licence testing centre
concerned; and

(2) (a) On receipt of the disk referred to in subregulation (1)(c)(viii) or form ISS referred to in
subregulation (1)(d)(vii) and the order for the driving licence card, the Card Production
Facility shall, if the images recorded onto the disk or image scanning sheet concerned
are accepted —
(i) personalise and produce the driving licence card on form DL3 as shown in
Schedule 2; and
(ii) forward the driving licence card and notice NCD as shown in Schedule 2 to the
driving licence testing centre concerned.
(b) If the images recorded onto the disk or image scanning sheet concerned are not
accepted by the Card Production Facility, the applicant shall again report to the driving
licence testing centre for the repeat of subregulation (1)(c) or, if approved by the driving
licence testing centre, submit a further two photographs of himself or herself that comply
with regulation 103(1) upon receipt of which the examiner for driving licences shall repeat
subregulation (1)(d).
(3) On receipt of the driving licence card referred to in subregulation (2), the driving licence testing
centre shall—
(a) record the receipt of the driving licence card on which the professional driving permit
appears, on the register of professional driving permits;
(b) notify the applicant on form NCD as shown in Schedule 2, to collect such driving licence
card at such centre;
(c) after presentation of the applicant’s acceptable identification and the submission of every
licence and professional driving permit held by such applicant, issue such driving licence
card to the applicant;
(d) ensure that the applicant acknowledges receipt of the driving licence card on the

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 application form; and
(e) update the register of professional driving permits accordingly to reflect the issue of the
driving licence card.
(4) An examiner for driving licences or a person authorised thereto shall deface an unclaimed
driving licence card on which a professional driving permit appears 120 days after the notice referred
to in subregulation (3)(b) was posted, except previously otherwise agreed with the applicant, and
record the defacement of such driving licence card on the register of professional driving permits.
AMOUNT PAYABLE BY A DRIVING LICENCE TESTING CENTRE IN TERMS OF REGULATIONS 108 (1A) AND
119 (1A) OF THE NATIONAL ROAD TRAFFIC REGULATIONS, 2000 UNDER THE ACT
[Published in Government Gazette 37160, No. R. 1217 of 17 December 2013]

I, Dipuo Peters MP, Minister of Transport, acting in terms of section 75 of the National Road Traffic Act, 1996 (Act No. 93 of 1996)
read with regulations 108(1A) and 119(1A) of the National Road Traffic Regulations, 2000 do hereby increase the amount that a
driving license testing centre shall pay over to the Card Production Facility as contemplated in the said regulations, as being R79,00
for every issuance of a driving license card or professional driving permit, the application of which is received on or after 1 January
2014.
(Signed)
Ms. Dipuo Peters, MP
Minister of Transport

Reg 120. Professional driving permit remains in force after application

(1) Notwithstanding the provisions of Regulation 122 (1), where the holder of a professional driving
permit has applied for a new professional driving permit in the manner contemplated in Regulation
122 (2) on or before the expiry date of the professional driving permit held by such person and the
professional driving permit or a driving licence of the person concerned has not been suspended or
cancelled, that permit shall remain valid until the new professional driving permit has been issued in
terms of Regulation 119 (3) or until such holder is notified that his or her application for a new
professional driving permit has been refused in terms of Regulation 125 (4) but not for more than
four months after the expiry date of such professional driving permit.
(2) The provisions of subregulation (1) shall only apply if the holder of the professional driving
permit is in possession of the professional driving permit previously issued to him or her and proof
of the fees paid in terms of Regulation 118 (2) (a) for a new professional driving permit as
contemplated in Regulation 122 (2).

Reg 121. Application for duplicate driving licence card on which professional driving permit
appears
(1) An application for a duplicate driving licence card on which a professional driving permit
appears, shall be made on form PD1 as shown in Schedule 2 to the driving licence testing centre,
and shall be accompanied by—
(a) the fee which shall be the same as the fee referred to in regulation 108(1);
(b) the acceptable identification of the applicant;
(c) two photographs of the applicant, referred to in regulation 103(1); and
(d) the driving licence card on which the professional driving permit appears, or where the
card has been lost or stolen, a declaration on form DCT as shown in Schedule 2.
(2) If the permit in question would have expired within a period of three months from the date of
the application referred to in subregulation (1), the person concerned shall apply for, and be issued
with, a new permit in accordance with regulation 118 and 119, respectively.
(3) Upon receipt of an application for a duplicate driving licence card on which a professional
driving permit appears, the driving licence testing centre shall—
(a) ensure that the application is in order;
(b) verify that the applicant is not subject to a suspension or cancellation of any driving

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 licence or professional driving permit held by him or her; and
(c) issue the duplicate of a driving licence card on which a professional driving permit
appears in accordance with regulation 119: Provided that a police report and medical
certificate as referred to in regulation 119(1)(e) are not required.

Reg 122. Period of validity of professional driving permit, re-application and re-issuing
(1) A professional driving permit shall be valid for a period of 24 months from the date of
authorisation thereof as referred to in regulation 119(1)(a) unless the permit or a driving licence of
the person concerned has been suspended or cancelled. Provided that where a person has applied
for a new professional driving permit in the manner contemplated in subregulation (2) on or before
the expiry date of the professional driving permit held by such person, the new professional driving
permit shall be valid for a period of 24 months from the date after the expiry date of the professional
driving permit held by such person.
(2) Regulations 117, 118 and 119 apply to the re-application and re-issuing of a professional
driving permit.

Reg 123. Suspension or cancellation of professional driving permit

(1) If any circumstance arises which would have caused the holder of a professional driving permit
to be disqualified from obtaining that permit, the chief executive officer may suspend or cancel the
permit held by such person and the holder shall submit the driving licence card on which the permit
appears to the chief executive officer, upon which the chief executive officer shall—
(a) remove the professional driving permit from the driving licence card; and
(b) record the suspension or cancellation of the permit on the register of professional driving
permits.
(2) The holder of a professional driving permit whose permit has been suspended or cancelled by
a court under section 34 of the Act, shall submit the card on which the permit appears to the registrar
or clerk of the court who shall ensure that the professional driving permit is removed from the driving
licence card by the chief executive officer and that the suspension or cancellation of the permit is
recorded on the register of professional driving permits.

Reg 124. Prohibition of permitting or assisting person not being holder of professional
driving permit to drive vehicle
No person who—
(a) is the operator, owner or is in charge or control of a motor vehicle referred to in regulation
115(1) may employ or permit any other person to drive that motor vehicle on a public
road, unless that other person is the holder of a professional driving permit of the
appropriate category contemplated in regulation 116(1); or
(b) is the holder of a professional driving permit under this Part, may allow such permit to be
used by any other person.

Reg 125. Referral of application to MEC

(1) If an applicant for a professional driving permit complies with all the requirements and
conditions specified in the regulations but has—
(a) not been certified to be medically fit as referred to in regulation 117(b); or
(b) within a period of five years prior to the date of the application, been convicted of an
offence referred to in regulation 117(c),
he or she may request the driving licence testing centre concerned to refer his or her application to

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the MEC for a decision whether or not a professional driving permit may be issued.
(2) An application referred to the MEC for a decision shall be accompanied by the applicant’s
reasons why the application should be re-considered as well as a recommendation from the testing
centre whether the application should be re-considered.
(3) If the MEC approves that a professional driving permit may be issued, he or she shall—
(a) ensure that such approval is recorded on the register of professional driving permits; and
(b) inform the driving licence testing centre concerned accordingly,
and the testing centre shall deal with the application in accordance with regulation 119.
(4) If the MEC refuses the application, the testing centre concerned and the applicant shall be
informed accordingly.

Reg 126. Records to be kept by driving licence testing centre of professional driving
permits
A driving licence testing centre shall keep records of—
(a) every application for a professional driving permit made to it in terms of regulation 118(1)
and any documentation accompanying the application;
(b) every image capture sheet as referred to in regulation 119(1)(c)(vii) and every duplicate
image scanning sheet of which the original was forwarded to the Card Production Facility
as referred to in regulation 119(1)(d)(v).
(c) the form NCD received from the card production facility in respect of every permit
authorised by the testing centre;
(d) the card on which a permit appears as referred to in regulation 119(3)(c);
(e) any notification it receives; and
(f) any other documentation in connection with or related to any permit issued, suspended
or cancelled by it.

Reg 127. Voidness of professional driving permit issued contrary to regulations

A professional driving permit issued contrary to the provisions of these regulations is void and the
holder of it shall, on demand by the testing centre which issued the permit or by a traffic officer,
forthwith deliver the permit to the testing centre or traffic officer.

Sec 33. Production of licence and permit to court

(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.

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Sec 34. Court may issue order for suspension or cancellation of licence or permit or
disqualify person from obtaining licence or permit
(1) Subject to section 35, a court convicting a person of an offence in terms of this
Act, or of an offence at common law, relating to the driving of a motor vehicle may,
in addition to imposing a sentence, issue an order, if the person convicted is—
(a) the holder of a licence, or of a licence and permit, that such licence or
licence and permit be suspended for such period as the court may deem
fit or that such licence or licence and permit be cancelled, and any such
licence shall be dealt with as provided in subsection (3);
(b) the holder of a licence, or of a licence and permit, that such licence or
licence and permit be cancelled, and that the person convicted be
disqualified from obtaining a licence, or a licence and permit, for any class
of motor vehicle for such period as the court may deem fit, and any such
licence shall be dealt with as provided in subsection (3); or
(c) not the holder of a licence, or of a licence and permit, declaring him or her
to be disqualified from obtaining a licence, or a licence and permit, either
indefinitely or for such period as the court may deem fit.
(2) The making of an endorsement in terms of subsection (3) may be postponed by
the court issuing the order until any appeal against the conviction or sentence or
both has been disposed of.
(3) Where a court has issued an order under subsection (1) (a) or (b) the registrar or
clerk of the court shall, subject to subsection (2), in the case where the licence—
(a) is contained in an identity document, endorse such licence accordingly
and return the identity document to the holder thereof; or
(b) is not contained in an identity document, retain such licence and deal with
it in the prescribed manner.

Sec 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
(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;

(aA) section 59 (4), in the case of a conviction for an offence, where—

(i) a speed in excess of 30 kilometres per hour over the prescribed general
speed limit in an urban area was recorded; or
(ii) a speed in excess of 40 kilometres per hour over the prescribed general
speed limit outside an urban area or on a freeway was recorded; and
(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.

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 (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, 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 (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 consider 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.

Sec 36. Procedure subsequent to suspension or cancellation of licence or permit

(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.
► Comment: Students should be able to answer questions on the categories of learners and
driving licences. Students should be able to describe procedures for applying and for issuing
licences. Questions may also be asked on the legality of foreign licences. Students should
understand the role and function of the inspectorate of driving licence testing centres. Students
should be able to find the prescribed content of learner’s and driving licence tests.

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 CHAPTER V
FITNESS OF VEHICLES
Learning objectives:

The chapter covers the requirements for roadworthiness and the prescribed conditions for vehicle
testing stations.

Two different types of roadworthiness processes are prescribed.

Certification of roadworthiness for private vehicles that change ownership, rebuilt and altered
vehicles.
Roadworthy certificates for those vehicles that are generally referred to as the RTQS (Road Transport
Quality System) vehicles.

The chapter also deals with the inspectorate of vehicle testing stations, its powers and duties.

Sec 37. Testing station to be registered

No person, department of State or registering authority shall operate a testing station unless such
testing station is registered and graded.
Sec 38. Application for registration of testing station
Any person, department of State or registering authority desiring to operate a testing station shall
apply in the prescribed manner to the inspectorate of testing stations for the registration of such
testing station.

Reg 128. Manner of application to be approved as suitable person or body of persons to be

able to apply for registration of testing station

(1) A person or body of persons desiring to operate a testing station as contemplated in section
38, shall declare such intention in writing in an affidavit or an affirmation and submit such affidavit or
affirmation and the fee as determined by the MEC concerned, to the MEC concerned.
(2) The affidavit or affirmation contemplated in subregulation (1) shall contain —
(a) the particulars of every person, or the members or directors of every juristic person in
whose name such testing station shall be registered in the event that such application is
approved;
(b) the exact location of the proposed testing station;
(c) the grade of testing station to be operated; and
(d) all matters relevant to the consideration of the suitability of such application, addressed
in the agreement to be concluded between the MEC and a testing station proprietor as
proposed in Schedule 3.

Reg 129. Consideration of suitability of testing station and person or body of

persons to operate testing station

(1) The MEC shall consider the application referred to in regulation 128 and shall, without
limiting the factors to be considered, take the following into account-
(a) the suitability of the applicant;
(b) the rejection of the applicant to register a testing station, by any other MEC;
(c) the rejection of any spouse or partner of the applicant to operate a testing station;

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 (d) the recommendations from the inspectorate of testing stations; and
(e) all matters relevant to the application as contained in the agreement to operate a
testing station as proposed in Schedule 3.
(2) The MEC may require or obtain any additional information to decide on the application.
(3) The MEC may require that any applicant or the spouse or partner of the applicant obtain a
record of previous convictions from the South African Police Services.
(4) If the MEC is satisfied as to the suitability of the testing station he or she shall notify the
applicant in writing of his or her decision to approve the application.
(5) If the MEC is not satisfied as to the suitability of the testing station he or she shall refuse to
register such testing station, and shall notify the applicant accordingly and shall provide the applicant
with the reasons of such refusal in writing.
(6) A person or body of persons whose application to operate a testing station has been refused
by an MEC due to the unsuitability of such person or body of persons, may not apply in any other
Province for the operation of a testing station as contemplated in regulation 128 until such person or
body of persons complies with the requirements of this Act.

Sec 39. Registration and grading of testing station

If, upon receipt of an application referred to in section 38, the inspectorate of testing stations is
satisfied that the prescribed requirements for registration of the testing station concerned have been
met, it shall register and grade such testing station on the conditions and in the manner prescribed,
and shall give notice of such registration in the Gazette.

Reg 130. Manner of application of approved person or body of persons to register

testing station

(1) An application by an approved person or body of persons as contemplated in regulation 129

(4) for the registration of a testing station, shall be made on form TS1 as shown in Schedule 2, and
a management representative and alternative management representative shall be identified in
respect of the testing station concerned: Provided that the MEC of a province concerned may
exempt a testing station from complying with provisions of this subregulation if he or she
determines the area where such station is situated as an area with a small population of motor
vehicles
(2) An application as referred to in subregulation (1) shall be accompanied by acceptable
identification of the applicant and of the management representatives identified under
subregulation (1), and such other documentation as required to complete the agreement as proposed
in Schedule 3.

Reg 131. Requirements to be met for registration of testing station

The requirements for registration of a testing station, are-

(a) compliance with "The minimum requirements for testing stations" as shown in Schedule
4;
(b) the ability to test and examine a motor vehicle in terms of "The testing ad examination of
motor vehicles" as shown in SANS 10047: Testing of motor vehicles for
roadworthiness, as contemplated in regulation 140;
(c) a signed agreement between the MEC and the testing station proprietor reflecting the
information of the agreement as proposed in Schedule 3; and

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 (d) the payment of the fees as determined by the MEC of the province concerned.

(e) compliance with standard of the Department “Minimum Service Delivery Standard”
published by the Minister by notice in the Gazette.
➢ w.e.f. a date to be determined by the Minister by Notice in the Gazette.

Reg 132. Manner of registration of a testing station

(1) The MEC shall, upon receipt of an application for registration of a testing station made in terms
of regulation 130 with due regard to the evaluation and recommendations of the inspectorate of
testing stations, satisfy himself or herself that the testing station concerned complies with the
requirements referred to in regulation 131.
(2) If the MEC is satisfied as to the suitability of the testing station in terms of regulations 128 and
130, he or she shall-
(a) subject to the conditions he or she may deem fit, register and, in terms of regulation
135, grade such testing station;
(b) record the particulars of such testing station on the register of testing stations;
(c) issue a certificate of registration on form CR as shown in Schedule 2, to such testing
station;
(d) provide, upon payment of the fees as determined by the MEC of the province
concerned, as many forms necessary for the certification of roadworthiness of motor
vehicles as requested by a testing station, if such testing station is not under the
control of a registering authority; and
(e) give notice of the registration of the testing station in the provincial gazette
concerned.
(3) A certificate of registration issued in terms of subregulation (2)(c) shall be displayed in a
conspicuous place where members of the public who make use of the testing station can see such
certificate.
(4) A testing station shall only be registered for the premises reflected on form CR and may only
be operated by the testing station proprietor in whose name the testing station is registered.

Reg 133. Notification of change of particulars of testing station

(1) Subject to the provisions of subregulation (3), the testing station proprietor in whose name
the testing station is registered, shall, upon the change of any of the particulars submitted in terms
of regulations 128 and 130, notify the MEC and the inspectorate of testing stations of such change
on form TS1 as shown in Schedule 2, within 14 days after such change.
(2) The MEC shall, upon receipt of a notif ication referred to in subregulation (1),
update the register of testing stations accordingly.
(3) In the event that the testing station proprietor sell or alienate the testing station, it shall be
considered as a new application and the procedure referred to in regulations 128 shall apply.

Sec 40. Suspension or cancellation of registration of testing station

The inspectorate of testing stations may, if a registered testing station no longer complies with the
requirements contemplated in section 39, suspend, for such period as it may deem fit, or cancel the
registration of such testing station or regrade the testing station in the prescribed manner.

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Reg 134. Approval of appointment of examiner of vehicles prior to appointment

(1) A testing station proprietor who desires to appoint an examiner of vehicles at a testing
station, shall submit the particulars of such examiner of vehicles to the MEC concerned, for approval.
(2) The MEC shall evaluate the record, registration and grading of the examiner of vehicles
referred to in subregulation (1) for his or her suitability to be appointed at the testing station
concerned and shall notify the testing station proprietor of his or her decision.
(3) A testing station proprietor shall not appoint an examiner of vehicles, unless the
appointment of such examiner has been approved by the MEC.

Sec 41. Appointment of inspectorate of testing stations

(1) The Minister shall, after a decision has been taken by the Shareholders Committee,
appoint a person, an authority or a body as an inspectorate of testing stations.
(2) The powers and duties of the inspectorate contemplated in subsection (1) in relation
to the inspection and the control of standards, grading and operation of testing
stations shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on behalf of that
inspectorate for the purposes of performing its functions, prescribe fees to be paid
in respect of every examination conducted or test carried out regarding the
roadworthiness of a motor vehicle.
(4) The Minister shall—
(a) prescribe the training procedures and qualifications of a person appointed
under subsection (1); and
(b) determine the criteria with which an authority or a body established as an
inspectorate in terms of subsection (1) must comply.

Reg 135. Grades of testing stations

(1) The MEC shall grade a testing station as a grade A or B, as the case may be, if such testing
station complies with the appropriate grading requirements when it is evaluated, according to
"The minimum requirements for testing stations" as shown in Schedule 4.
(2) (a) A grade A testing station is authorised to examine and test a motor vehicle of any class
in terms of regulation 140 for roadworthiness; and
(b) A grade B testing station is authorised to examine and test a motor vehicle of any class,
excluding -
(i) a bus, minibus or goods vehicle the gross vehicle mass of which exceeds 3 500
kilograms; or
(ii) any other motor vehicle the tare of which exceeds 3 500 kilograms.
(3) The MEC may restrict a testing station registered and graded before the date of implementation
of this amendment to examine and test only -
(a) vehicles owned and operated by certain persons;
(b) vehicles of certain makes;
(c) vehicles of certain models,
(d) vehicles of certain classes;
(e) vehicles with certain dimensions; or
(f) vehicles as may be determined by the MEC concerned.

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(4) The MEC may amend the grading of a testing station registered before the implementation of
this regulation, if such testing station does not fully comply with the requirements in Schedule 4 and
shall do so in terms of the provisions of such schedule.

Reg 136. Manner of suspension or cancellation of registration of a testing station

(1) Subject to subregulation (3), the MEC shall, upon being notified that a registered testing
station does not comply with the provisions of this Act, or upon a recommendation of the inspectorate
of testing stations that a testing station does not comply satisfy himself or herself of the non-
compliance of such testing station.
(2) The MEC shall, in considering the suspension or cancellation of the registration of a testing
station on any matter, other than an alleged criminal offence-
(a) notify the testing station proprietor of the failure of such testing station to comply with the
requirements of this Act; and
(b) demand from such testing station proprietor to indicate in writing within 14 days
from the date of the said notification-
(i) the reason for such failure; and
(ii) the details of the measures that have been taken to rectify and prevent such failure.
(3) If the MEC has an affidavit or an affirmation on any alleged criminal offence committed by any
testing station proprietor or an employee, agent or manager of such testing station, he or she may
immediately suspend the registration of such testing station and seize any records and unused
documents of such testing station.
(4) If the MEC is not satisfied with the reason or measures referred to in subregulation (2)(b), he
or she shall inform the proprietor referred to in paragraph (2)(a) and may-
(a) suspend, or
(b) cancel, the registration of such testing station.
(5) If the MEC suspends or cancels the registration of a testing station, he or she shall-
(a) notify such testing station proprietor of such suspension or cancellation and the
reason therefor and, in the case of suspension, the period thereof; and
(b) give notice in the Provincial Gazette of the cancellation referred to in paragraph (a).
(6) The person referred to in paragraph (2)(a) whose testing station registration has been
cancelled, shall within three days after having been notified of such cancellation, submit to the MEC-
(a) the certificate of registration referred to in regulation 132(2)(c) issued in respect of such
testing station; and
(b) a reconciliation of forms held and issued, and blank forms.

Reg 137. Duties of a testing station proprietor

A testing station proprietor shall-

(a) notify the MEC of the province concerned within 14 days of any change in
particulars or circumstances in relation to any information provided to the MEC on the
testing station;
(b) exercise proper control over the management representative, examiner of vehicles
or officer employed at such testing station;
(c) ensure that motor vehicles tested at such testing station are tested and examined in
accordance with the provisions of this Act and prescribed standards;

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 (d) ensure that all records are kept as required by the Act;
(e) ensure that all records, tax clearance certificates and calibration tables are submitted to
the relevant MEC; and
(f) ensure that all documents required in terms of the Act and SABS specifications are kept
up to date and all amendments recorded.

Reg 137A. Duties of a management representative

A management representative shall-

(a) ensure that every vehicle tested at the testing station, is tested in accordance with the
provisions of the Act; and
(b) if he or she is not the testing station proprietor, report possible deviations from the Act,
by any examiner employed at such Station to the testing station proprietor.

Reg 137B. Act or omission of management representative, examiner of Vehicles

or employee employed by testing station proprietor

(1) Whenever any management representative, examiner of vehicles or employee of a testing

station commits or omits an act which would have constituted an offence in terms of this Act if the
testing station proprietor had committed or omitted such act, that testing station proprietor shall,
in the absence of evidence-
(a) that he or she did not connive at or permit such act or omission;
(b) that he or she took all reasonable measures to prevent an act or omission of the nature
concerned; and
(c) that an act or omission of the nature of the act or omission charged, did not fall within
the scope of the authority of or the course of the employment as such manager, agent
or employee, be deemed himself or herself to have committed or omitted that act and
be liable to be convicted and sentenced in respect thereof.
(2) Whenever any management representative, examiner of vehicles or employee of a testing
station, commits or omits any act which would have constituted an offence in terms of this Act if the
testing station proprietor had committed or omitted it, such manager, agent or employee shall be
liable to be convicted and sentenced in respect thereof as if he or she were such testing station
proprietor.

Reg 137C. Transitional provision for registering testing station operating without
agreement

A testing station that was registered prior to the implementation of this provision, shall comply
with the provisions of regulation 131(c) from a date, 12 months after implementation of this
regulation.

Reg 137D. Fee to defray expenditure incurred by inspectorate of testing stations

(1) A registered testing station shall pay to the inspectorate of testing stations a fee
amounting to three per cent of the fee provided for in Schedule 1 to be paid to a registering authority
for an application for a roadworthy certificate or certificate of fitness, as the case may be, in respect
of each application for which an examination and test was done in terms of the Act by such testing
station.

(2) The fee collected in terms of subregulation (1) shall be retained at such testing station and

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paid to the inspectorate of testing stations on 1 January and 1 July of each year in respect of
the examinations and tests performed during the preceding six months.

(3) The inspectorate of testing stations shall submit to the Director-General not later than 1
March of each year a statement of fees received and costs incurred by or on behalf of
such inspectorate for the period 1 January to 31 December of the preceding year.

Reg 137E. Powers and duties of the inspectorate of testing stations

(1) The inspectorate of testing stations

(a) shall, evaluate a testing station in accordance with the requirements referred to in
Schedule 4 and recommend to the MEC-
(i) suitability of such testing station for registration; and
(ii) the grading of such testing station;
(b) shall, in respect of every testing station, conduct at least one inspection per year to
monitor the standards applied at every testing station;
(c) may advise any testing station on the improvement and maintenance of testing facilities
and procedures; and
(d) shall, when necessary, recommend to the MEC the suspension or cancellation of the
registration of a testing station.
(2) A person employed by, or who acts on behalf of, the inspectorate of testing stations, may at
any reasonable time
(a) inspect, examine or test any motor vehicle; and
(b) without prior notice -
(i) enter the premises of any testing station;
(ii) inspect any records of the testing station referred to in subregulation 1 (a)(i); and
(iii) question any person with regard to any matter relating to the operation of the
testing station referred to in subregulation (1).

Sec 42. Certification of roadworthiness required in respect of motor vehicle

(1) No person shall operate a motor vehicle which is not in a roadworthy condition on
a public road.
(2) No person shall operate a motor vehicle on a public road unless the requirements
in respect of a certification of roadworthiness contemplated in subsection (4) in
relation to such motor vehicle are complied with, and except in accordance with
the conditions of such certification of roadworthiness.
(3) No person shall operate a motor vehicle on a public road unless the requirements
in respect of a roadworthy certificate contemplated in subsection (4) in relation to
such motor vehicle are complied with, and except in accordance with the
conditions of such roadworthy certificate.
(4) Subject to this Chapter—
(a) the classes of motor vehicles requiring certification of roadworthiness and
the classes of motor vehicles requiring roadworthy certificates;
(b) the period of validity of certification of roadworthiness and roadworthy
certificates;
(c) the examination of motor vehicles;

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 (d) the certification of roadworthiness and issue of roadworthy certificates;
and
(e) any other aspect regarding certification of roadworthiness and roadworthy
certificates which the Minister may deem necessary or expedient, shall be
as prescribed.

(5) Any document issued by a competent authority in a prescribed territory relating to

any vehicle registered in such prescribed territory 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 regarded to be
certification of roadworthiness or a roadworthy certificate relating to any such
vehicle registered in the prescribed territory for the purpose of subsection (2) or
(3), as the case may be.

Sec 42A. Roadworthy certificate to be displayed on motor vehicle

Subject to section 42 (5), no person shall operate a motor vehicle referred to in section
42 (3) on a public road unless a valid roadworthy certificate discussed in terms of this Act
is displayed on such motor vehicle in the prescribed manner.

Sec 43. Application for certification of roadworthiness

Any person desiring to obtain certification of roadworthiness shall apply in the prescribed
manner to an appropriately graded testing station.

Reg 138. Certification of roadworthiness required in certain circumstances

(1) Subject to subregulations (2) and (3), a registering authority shall not issue a licence disc in
respect of a—
(a) used motor vehicle of which the owner has changed;
(b) motor vehicle in respect of which a notice to discontinue operation was issued as referred
to in section 44 of the Act;
(c) motor vehicle built up from parts by a builder who is not required to be registered as such
under these regulations;
(d) motor vehicle referred to in regulation 31 (1), which was reconstructed or altered;
(e) motor vehicle imported into the Republic by an importer who is not required to be
registered as such under these regulations;
(f) motor vehicle manufactured, built, modified or imported by a manufacturer, builder or
importer which is not registered in terms of regulation 40 (2);
(fA) a motor vehicle referred to in regulation 41(a)(iii), 41(b)(ii), 41(b)(iii) and 41(b)(iv);
(g) motor vehicle referred to in regulation 142 (1), in respect to which a roadworthy certificate
must be held;
(h) motor vehicle referred to in regulation 8 (2) (e) in respect of which the certificate referred
to in that regulation does not contain the model number referred to in that regulation;
(i) motor vehicle which has been found to be unroadworthy as referred to in regulation
147 (6) (a); or
(j) motor vehicle regarded to be unroadworthy in terms of regulation 147 (7) (a) due to no
reaction within 35 days after issue of notice referred to in the said regulation,
unless such motor vehicle is certified to be roadworthy as referred to in regulation 141 (2), within a
period of 60 days prior to such vehicle being licensed.

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(2) The provisions of subregulation (1) (a) and (g) shall not apply in respect of a—
(a) motor vehicle which was stolen and of which an insurance company has after the
recovery thereof become the owner in terms of an insurance policy;
(b) motor vehicle referred to in regulation 6 (c) which was repossessed;
(c) motor vehicle referred to in regulation 21 (1) or 21 (5), which is specially classified in
respect of the payment of motor vehicle licence fees; or
(d) ….. (deleted).
(3) The provisions of subregulation (1) (a) shall not apply in respect of—
(a) a motor vehicle acquired from a deceased spouse;
(b) a motor vehicle of which the owner changes due to—
(i) the reconstruction of a company;
(ii) the amalgamation of companies;
(iii) the takeover of a company;
(iv) a scheme of arrangement in terms of section 311 to 313 of the Companies Act,
1973 (Act No. 61 of 1973); or
(v) the reconstruction of a close corporation,
if, in the circumstances referred to in item (i), (ii) (iii) or (iv) a board resolution or member
resolution of the company who is the registered owner of such motor vehicle, as the case
may be, sanctioning such reconstruction, amalgamation or takeover, or in the
circumstances referred to in item (iv), the court order sanctioning such scheme of
arrangement, is submitted to the registering authority concerned;
(c) a motor vehicle other than a motor vehicle referred to in regulation 142(1) of which the
owner has changed within 60 days after the date of liability for the first licensing of such
motor vehicle; or
(d) a motor vehicle in the case of which the branch of a business or body of persons is
deemed to be the title holder or owner thereof in terms of regulation 6 (a), where another
branch of that business or body of persons becomes the owner or title holder.

Reg 139. Manner of application for certification of roadworthiness

(1) An application for the certification of roadworthiness as referred to in regulation 138 shall be
made on form ACR as shown in Schedule 2 at an appropriately graded testing station and shall be
accompanied by—
(a) the acceptable identification of the applicant; and
(b) the appropriate fees as determined by the MEC of the province concerned, or in the case
where such testing station is not under the control of a registering authority, as
determined by such testing station.
(c) in a case of a minibus, midibus or bus first registered on or after 1 July 2012 and
operating for reward, a duly completed form VDSCD for the fitment of a vehicle
directional stability control device as provided for in terms or regulation 212 (o) by an
approved fitment centre as shown in Schedule 2.
(2) On receipt of an application referred to in subregulation (1), the testing station concerned shall
determine the date, time and place for the examination and testing of the motor vehicle concerned.

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Reg 140. Examination and testing of motor vehicle for roadworthiness
(1) An appropriately graded examiner of vehicles shall examine and test the motor vehicle referred
to in regulation 139(2) as prescribed in code of practice SABS 047 “Testing of motor vehicles for
roadworthiness”.
(2) (a) A motor vehicle presented for an examination and test shall be clean and all parts to be
examined shall be free from excessive grease, oil and dirt.
(b) If a motor vehicle to which regulations 273 to 283 applies is presented for an examination
and test, the containment system of such motor vehicle shall be purged so that the
vehicle can be safely examined and tested and re-filled with any other substance.
(c) A motor vehicle equipped with full air braking systems registered for the first time on or
after 15 July 1987, shall be presented for an examination and test with test connections
designed in accordance with standard specification SABS 1207 “Motor Vehicle Safety
Standard Specification for Braking”, fitted to the front circuit and before and after any
load sensing valve, and such test connections shall be in good working order.

Reg 141. Manner of certification of roadworthiness

(1) The examiner of vehicles shall, after the examination and testing of a motor vehicle, provide
the applicant with the original form RTS as shown in Schedule 2.
(2) If the examiner of vehicles is satisfied that the motor vehicle is roadworthy and that the chassis
number or engine number of the motor vehicle has not been tampered with, obliterated, mutilated or
altered, the testing station shall upon payment of the appropriate fee as determined by the MEC of
the province concerned, or in the case where such testing station is not under the control of a
registering authority, as determined by such testing station,
(a) certify that the motor vehicle is roadworthy by-
(i) in the case of a motor vehicle registered in the Republic, updating the particulars
pertaining to such motor vehicle in the register of motor vehicles; or
(ii) in the case of a motor vehicle not registered in the Republic, issuing the applicant
with form CRW, as shown in Schedule 2; and
(b) if the motor vehicle is registered in the Republic, advise the applicant that the motor
vehicle is to be licensed.
Provided that in a case of a minibus, midibus or bus, first registered on or after 1 July 2012
operating for reward, the examiner of motor vehicles shall, before certifying such motor vehicle
as roadworthy as contemplated in regulation 139 (c), request a duly completed form VDSCD
by an approved fitment centre as shown in Schedule 2.
(3) (a) If the chassis number or engine number of the motor vehicle referred to in subregulation
(2) has, in the opinion of the examiner of vehicles, been tampered with, obliterated,
mutilated or altered, the applicant referred to in subregulation (1) shall submit a South
African Police Service clearance in respect of such vehicle.
(b) Upon submission of the South African Police Service clearance, the testing station shall,
if satisfied that the motor vehicle is roadworthy, certify the motor vehicle as roadworthy
as contemplated in subregulation (2).
(4) If the examiner of vehicles is not satisfied that the motor vehicle is road worthy, such examiner
may allow the applicant to have one retest for such motor vehicle, within a period fixed by him or
her, but not exceeding 14 days after the date of such examination and testing, to remedy any defect
in such vehicle, and if such examiner of vehicles is thereafter so satisfied, he or she shall act in terms
of subregulation (2).
(5) Notwithstanding the provisions of subregulation (2), an examiner of vehicles authorised thereto
in writing by the testing station concerned may, at any time before the motor vehicle, which is being

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or has been examined and tested for roadworthiness, is returned to the applicant, examine or
re-examine such motor vehicle, and for that purpose—
(a) he or she shall be deemed to be the examiner of vehicles referred to in that
subregulation; and
(b) any prior action taken by an examiner of vehicles in respect of such motor vehicle shall
be deemed to be of no force and effect.
(6) No person shall wilfully or negligently certify that a motor vehicle is roadworthy if such motor
vehicle is not roadworthy.
(7) If a person wilfully or negligently certifies that a motor vehicle is roadworthy when such motor
vehicle is not roadworthy, such certification shall be null and void.
(8) No person shall remove, replace or alter the components of a motor vehicle so that the
roadworthiness of such motor vehicle is affected if such motor vehicle was certified to be roadworthy,
except in the normal course of maintenance or use thereof.

Reg 142. Certain classes of motor vehicles requiring roadworthy certificates

Learning objectives:
This certificate is the old “certificate of fitness”. Students must know which vehicles need roadworthy
certificates and the application procedure for a RWC.
(1) A roadworthy certificate shall be required for—
(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
(b) a breakdown vehicle;
(bA) a motor vehicle to which regulations 273 to 283 apply as contemplated in regulation 274:
Provided that his provision shall become effective to motor vehicles with a gross vehicle
mass of 3 500 kilograms and under, as from 1 December 2001;
(c) a bus;
(d) a minibus—
(i) the gross vehicle mass of which exceeds 3 500 kilograms; or
(ii) which is designed or adapted for the conveyance of 12 or more persons, including
the driver; or
(e) a motor vehicle used for the conveyance of persons for reward.
(2) The provisions of subregulation (1) shall not apply to a—
(a) motor vehicle referred to in regulation 138(2)(c) or a trailer drawn by a tractor.
(b) motor vehicle which is operated under the authority of a motor trade number, special
permit or temporary permit;
(c) hearse; or
(d) motor vehicle owned by the South African Police Service or South African National
Defence Force and is designed for combat support and by virtue of such design, does
not comply with the provisions of Parts II, III, and IV of Chapter VI.

Reg 143. Issue of roadworthy certificate

(1) On receipt of an application for the licensing of the motor vehicle referred to in regulation 142,
the registering authority shall, if satisfied that a roadworthy certificate may be issued in respect of
the motor vehicle concerned, issue the roadworthy certificate on form RWC, as shown in Schedule
2.

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(2) Subject to section 42(5) of the Act, in the case of a motor vehicle which is not registered in the
Republic, form CRW as shown in Schedule 2 issued in terms of regulation 141(2)(b) shall be deemed
to be a roadworthy certificate for a period of 12 months from the date of issue thereof.

Reg 144. Voidness of roadworthy certificate

(1) Any roadworthy certificate issued contrary to the provisions of this Chapter shall be void.
(2) A roadworthy certificate issued in respect of a motor vehicle shall become void where such
motor vehicle is altered in such a manner that—
(a) the roadworthy certificate no longer correctly describes such motor vehicle; or
(b) such alteration affects the terms and conditions of such certificate.
(3) ….. (deleted)
(4) ….. (deleted)
(5) ….. (deleted)
(6) ….. (deleted)
(7) The owner of a motor vehicle, shall upon notice that the roadworthy certificate in respect of
such motor vehicle is void, immediately destroy the licence disc issued in respect of such motor
vehicle and return form RTS and form CRW as shown in Schedule 2, if applicable, to the testing
station concerned.
(8) The testing station shall advise the registering authority in whose area of jurisdiction such
testing station is situated that the roadworthy certificate is void and such registering authority may
require a traffic officer or an inspector of licences to locate and inspect the motor vehicle concerned
to ensure that the licence disc issued in respect of such motor vehicle has been destroyed.

Reg 145. Period of validity of roadworthy certificate

(1) The roadworthy certificate issued in respect of a motor vehicle contemplated in regulation
142(1), shall be valid from the date of issue thereof until the date on which the licence disc issued in
respect of the motor vehicle concerned becomes null and void as referred to in regulation 22.

Provided that in the case of a bus of which the licence expires after 30 November 2010 the
period of validity of the roadworthy certificate shall be six months.

(2) Notwithstanding anything to the contrary contained in these Regulations, a motor vehicle
referred to in subregulation (1), may, during a period of 21 days after the date on which liability for
the licensing of such motor vehicle arose in terms of regulation 23(1), be operated on a public road
while the licence number allocated to such motor vehicle and the licence disc and roadworthy
certificate issued in respect of such motor vehicle prior to the date on which the motor vehicle licence
and licence disc and roadworthy certificate became null and void, are displayed in the manner
contemplated in regulations 35 and 36.

Reg 146. Provisions of Act to prevail

In the event of any conflict between the conditions of a roadworthy certificate and any provision of
the Act, the latter shall prevail.

Sec 44. Notice to discontinue operation of motor vehicle

(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

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 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.

Reg 147. Notice in terms of section 3F (a) or section 3I (a) of Act to direct that motor vehicle
be taken to testing station
(1) An inspector of licences or a traffic officer may in terms of section 3F (a) or section 3I (a) of the
Act, respectively, issue a notice on form NTDVT as shown in Schedule 2 to direct that a motor vehicle
be produced at a testing station for inspection, examination or testing.
(2) The said notice shall—
(a) specify the testing station to which the vehicle shall be taken, but the testing station shall
either be under the control of a registering authority, or shall not be under such control,
whichever the person to whom the notice is issued, prefers; and
(b) indicate the period within which the vehicle shall be taken to the testing station, but such
period shall not exceed 14 days.
(3) The inspector of licences or traffic officer concerned shall ensure that the particulars of the
motor vehicle concerned is updated in the register of motor vehicles to the effect that a notice has
been issued in terms of this regulation with respect to the vehicle and that the inspector or officer is
of the opinion that the vehicle does not comply with the requirements for certification of
roadworthiness.
(4) The inspector of licences or traffic officer concerned shall forward a copy of the notice to the
testing station referred to in subregulation (2) (a).
(5) The motor vehicle concerned shall be taken, accompanied by the notice, to the said testing
station within the period referred to in subregulation (2) (b) to have that notice revoked.
(6) The examiner of vehicles at the said testing station shall inspect, examine or test the vehicle
free of charge, and shall—
(a) if the vehicle is found to be unroadworthy, destroy the licence disc or licence and
roadworthy certificate disc in force in respect of such vehicle, complete the notice or a
copy of it, and return it to the traffic officer or inspector of licences; or
(b) if the vehicle is found to be roadworthy, cancel the notice and notify the traffic officer or
inspector of licences accordingly.
(7) The traffic officer or inspector of licences shall ensure that the particulars of the motor vehicle
is updated in the register of motor vehicles to the effect—
(a) where subregulation (6) (a) applies, or if no reaction has been received with respect to
the notice for a period of 35 days from the date of issue of it, that the motor vehicle is
unroadworthy; or
(b) where subregulation (6) (b) applies, that the notice issued in terms of section 3F (a) or
section 3I (a) of the Act, has been cancelled.

Reg 148. Notice in terms of section 44 of Act to discontinue operation of motor vehicle
(1) A traffic officer, or examiner of vehicles acting in conjunction with a traffic officer, may in terms
of section 44 of the Act, issue a notice on form NTDVT as shown in Schedule 2, to direct that a
vehicle shall not be operated on a public road upon the conditions prescribed in subregulation (2),
in which event he or she shall remove and destroy the licence disc or licence and roadworthy

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certificate disc of the motor vehicle.
(2) The said notice may contain conditions to the effect that the vehicle may be operated on a
public road for a specified period, which may not exceed 14 days, subject to limitations with respect
to speed, route or any other limitation determined by the traffic officer, or examiner of vehicles acting
in conjunction with a traffic officer.
(3) The traffic officer, or examiner of vehicles acting in conjunction with a traffic officer, shall ensure
that the particulars of the vehicle concerned is updated in the register of motor vehicles to the effect
that a notice in terms of section 44 of the Act has been issued with respect to the vehicle, that the
vehicle may not be operated on a public road and that the vehicle does not comply with the
requirements for certification of roadworthiness.
(4) The motor vehicle concerned shall be taken to a testing station where the vehicle shall be dealt
with in the manner contemplated in regulations 139, 140 and 141.

► Comment:
1. Students should understand the difference between the two types of roadworthy processes.
2. Students must be able to explain the purpose and duties of the inspectorate of vehicle testing
stations.
3. The types of vehicles that need roadworthy certificates should be listed.
4. The effect of the “six-month test” for roadworthiness must be understood.

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 CHAPTER VI
OPERATOR FITNESS
Learning objectives:

This chapter deals with the concept of operator fitness. The owner of a vehicle is held responsible for
managing the vehicle and its operations.

The chapter addresses the identification, administration of, and other details regarding operator
fitness.

The requirement that certain vehicles need operator cards is set out in the legislation.

The most important parts of this chapter are the duties of the operator and the administrative powers
of the MEC.

An operator is held responsible for the running of his company and can be prosecuted even if he is
not actually operating the vehicle on the road.

The driver does not need to be prosecuted with the operator but is possible to prosecute both the
driver and the operator for the offence.

The MEC can also investigate the operations of an operator.

Sec 45. Registration of operator

(1) (a) Subject to paragraph (b), the owner of a motor vehicle of a prescribed
class is the operator thereof, and shall, upon licensing thereof, be
registered as such in the prescribed manner and on the prescribed
conditions.
(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
that paragraph and who enters into a written agreement providing that
such motor vehicle may be operated by such person for any period, shall
for the purposes of section 49 (c), (d), (e), ( f ) and (g) be deemed to be
the operator thereof for that period.
(2) The registering authority concerned shall in such circumstances as the chief
executive officer may determine, submit the particulars of the operator to the chief
executive officer concerned within seven days after registration of such operator.
(3) The registering authority may issue a temporary operator card to the operator
under the circumstances, in the manner and on the conditions prescribed.
(4) (a) The chief executive officer shall, if satisfied that an operator card should
be issued to the operator, notify the registering authority concerned
accordingly.
(b) The registering authority referred to in paragraph (a) shall in the prescribed
manner issue the operator with an operator card.
(5) If the chief executive officer is not satisfied that the operator should be issued with
an operator card, he or she shall notify the operator in the prescribed manner as
contemplated in section 50 (3) (d).
(6) The Minister may by regulation exempt any operator or category of operators from
any provision of this Act.
► Comment: This differs from the current sections as the owner is automatically the operator.

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Reg 265. Classes of motor vehicles in respect of which operator to be registered
(1) An operator shall be registered in respect of a -
(a) goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
(b) breakdown vehicle;
(c) motor vehicle to which regulations 273 to 283 apply as contemplated in regulation 274;
(d) bus;
(e) midibus;
(f) mini-bus -
(i) the gross vehicle mass of which exceeds 3 500 kilograms; or
(ii) which is designed or adapted for the conveyance of 12 or more persons, including
the driver; and
(g) motor vehicle used for the conveyance of persons for reward, registered in the Republic.

(2) The provisions of subregulation (1) shall not apply to a motor vehicle referred to in
subregulation (1) that is—
(a) owned by the Department of Defence;
(b) operated on a public road under the authority of a temporary or special permit, motor
trade number, motor dealer’s licence or a motor transport licence, as the case may be;
(c) not operated on a public road, and for the purpose of this paragraph the words “operated
on a public road” shall not be construed to include the presence of such motor vehicle
on a public road for the purpose of—
(i) being driven to the premises of the owner in order to take delivery thereof;
(ii) crossing a public road from one premises of the owner to another, over a distance
of not more than one kilometre;
(iii) proceeding to or from a place where repairs are to be or have been effected to
such motor vehicle;
(d) a trailer drawn by a tractor;
(e) a motor vehicle referred to in regulation 21(1) or 21(5).

Reg 266. Categories of, and authority conveyed by, operator card
(1) The categories of operator cards and the authority conveyed thereby are:
(a) Category "G", which authorises the operation of a goods vehicle, the gross vehicle mass
of which exceeds 3 500 kilograms and a breakdown vehicle, on a public road;
(b) Category "D", which authorises the operation of a motor vehicle to which
regulations 273 to 283 apply as contemplated in regulation 274, on a public road; and
(c) Category "P", which authorises the operation of a bus, a midibus, a mini-bus the gross
vehicle mass of which exceeds 3 500 kilograms, a mini-bus which is designed or adapted
for the conveyance of 12 or more persons, including the driver or a motor vehicle used
for the conveyance of persons for reward, on a public road.

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Reg 266A. Manner of application and registration as dangerous goods operator

(1) An operator, who is required to register in terms of regulation 265(1)(c) shall apply at the
appropriate registering authority for registration on form ROO, as shown in schedule 2.
(2) Upon receipt of the application referred to in subregulation (1) the registering authority shall, if
satisfied that the application is in order, register such applicant as an operator of dangerous goods.

Sec 46. Issue of operator card

(1) The registering authority shall, in respect of every motor vehicle contemplated in
section 45, issue an operator card in the prescribed manner: Provided that where
any operator card of a specific operator is suspended, the registering authority
shall not issue any new operator card to such operator until the period of
suspension has expired.
(2) The categories, period of validity, form and contents of an operator card shall be
as prescribed.
(3) Any document issued by a competent authority in any prescribed territory or a
foreign state and serving in such territory or state a purpose similar to that of an
operator card shall, subject to the conditions thereof and to the prescribed
conditions, be deemed to be in operator card for the purpose of subsection (1).
(4) Where any circumstance arises in relation to the holder of an operator card
contemplated in subsection (3) which would have empowered the chief executive
officer to act under section 50 if such card was issued in the Republic, the chief
executive officer may inform such holder that such card is of no force within the
Republic, and as from the date on which such person is so informed, such card
shall cease to be in force within the Republic.

Reg 267. Manner of registration of operator, issue of operator card and period of validity of
operator card
(1) Subject to the provisions of section 45(1)(b) of the Act, the registering authority concerned
shall register the owner of a motor vehicle contemplated in regulation 265 as the operator of that
vehicle upon application for the licensing of the vehicle concerned.
(2) The registering authority effects the registration of an owner as operator of a motor vehicle by
licensing the motor vehicle in the manner prescribed in regulation 25, but—
(a) the motor vehicle licence, licence and operator card shall be issued on form LCO as
shown in Schedule 2;
(b) the owner shall, upon receipt of form LCO, destroy any previous operator cards held by
him or her with respect to the motor vehicle concerned.
Provided that in the case of a category “D” operator card, for a motor vehicle first registered 6
months after the date of publication of this proviso clause, the registering authority shall not
issue such operator card unless the operator is registered in terms of regulation 266A.
(3) If the registering authority is required to submit the particulars of an operator to the chief
executive officer as contemplated in section 45(2) of the Act, such registering authority may, subject
to the provisions of regulation 269, issue the operator with a temporary operator card as
contemplated in section 45(3) of the Act on form OP2 as shown in Schedule 2, in the case where
the operator is not already in possession of an operator card with respect to the motor vehicle
concerned.
(4) Upon receipt of the particulars of the operator as contemplated in section 45(2) of the Act, the
chief executive officer shall—
(a) examine the record of the operator referred to in section 50(3) of the Act;

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 (b) determine whether his or her operator card is suspended.
(5) If the record of the operator indicates that such operator does not comply with the provisions
of the Act, the chief executive officer shall notify the operator in terms of section 50(3)(d) of the Act.
(6) (a) The registering authority shall upon receipt of the notification contemplated in section
45(4)(a) of the Act, issue him or her with an operator card on form OP3 as shown in
Schedule 2.
(b) The operator shall destroy any other previous operator card or temporary operator card
issued in respect of the vehicle concerned upon receipt of the operator card.
(c) The counterfoil of the operator card shall be kept at the business address of the operator.
(7) An operator card issued in respect of a motor vehicle shall be valid from the date of issue
thereof, until the date on which the licence disc issued in respect of the motor vehicle concerned
becomes null and void as referred to in regulation 22, but the motor vehicle may be operated on a
public road for a period of 21 days after the said expiry date.

Reg 268. Application for and issue of duplicate operator card

Application for a duplicate operator card can be made upon application for licensing of the vehicle
concerned as contemplated in regulation 24.

Reg 269. Conditions under which temporary operator card issued

A temporary operator card shall be—
(a) deemed to be an operator card for the period referred to in paragraph (b);
(b) valid for a period of three months from the date of issue, or up and until the decision of
the chief executive officer is made known to the operator in terms of regulation 267(5),
or up and until the operator is issued with an operator card in terms of regulation 267(6),
whichever date is the earliest;
(c) re-issued only by the registering authority that issued such card: Provided that in the
event of the decision of the chief executive officer in relation to the operator card of an
operator not yet being available, a new temporary operator card shall be issued free of
charge; and
(d) if it was not destroyed upon receipt of the operator card, surrendered to the registering
authority concerned with the counterfoil thereof within 21 days after an operator card for
the motor vehicle concerned was received by the operator.

Reg 270. Change of particulars

(1) The registering authority shall, upon receipt of a notice in terms of section 49(a) of the Act
update the register of operators accordingly.
(2) If a new operator card is required, such card may be issued subject to subregulation (3), upon
payment of the fee determined by the MEC of the province concerned.
(3) If a new operator card is required due to the change of address of the operator or to the change
of the allocated licence number of the motor vehicles or motor vehicle of an operator under regulation
29, such card may be issued upon payment of the fee as determined by the MEC of the province
concerned.
(4) Notwithstanding the provisions of subregulation (3) above, the operator card may only be
issued if proof of change of particulars, as contemplated in regulation 32A (3), has been submitted.

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Reg 271. Procedure in case of suspension
(1) If the chief executive officer suspends an operator card in terms of section 50 of the Act, he or
she shall—
(a) use form OP6 as shown in Schedule 2, to notify the operator concerned;
(b) notify the registering authority referred to in regulation 267(1); and
(c) require a traffic officer or an inspector of licences to locate and inspect the motor vehicle
concerned to ensure that the operator card has been destroyed.
(2) The operator shall, upon receipt of a notice of suspension in terms of section 50 of the Act,
immediately destroy the operator card and return the counterfoil of such card within seven days to
the registering authority referred to in subregulation (1).
(3) The registering authority shall after receipt of the counterfoil referred to in subregulation (2),
keep such counterfoil in the manner and for the period as determined by the chief executive officer.

Sec 47. Operator card to be displayed on motor vehicle

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.

Reg 272. Manner in which operator card to be displayed on motor vehicle

An operator card shall be displayed—
(a) if the motor vehicle is fitted with a transparent windscreen in front, by affixing such
operator card in an upright position on the inside of the windscreen in such a manner
that the print on the face of the operator card is clearly legible from the outside to a
person standing in front or to the left front of such motor vehicle; or
(b) if the motor vehicle is not fitted with a transparent windscreen in front, by affixing such
operator card—
(i) in a conspicuous position on the left side of the vehicle in such a manner that the
print on the face of such operator card is clearly legible from that side; and
(ii) if such operator card is exposed to the weather, on the inside of the transparent
front of a durable watertight holder, for protection.

Sec 48. Proof of certain facts

(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.

Sec 49. Duties of operator

► Comment: The duties are very important. An operator can be prosecuted if he does not comply
with this section.
The operator of a motor vehicle shall—

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 (a) notify the registering authority concerned within seven days of any change in the
circumstances in relation to his or her registration as the operator of such vehicle
and return the operator card in respect of that motor vehicle to that registering
authority;
(b) keep safe and protect from theft an operator card issued to him or her and, if any
such card is lost, stolen or destroyed, he or she shall notify the nearest police
station within 24 hours and the registering authority within whose area the holder
is ordinarily resident within seven days after having become aware of such loss,
theft or destruction or after it could reasonably be expected that he or she should
have been aware of such loss, theft or destruction, whichever event occurred first;
(c) exercise proper control over the driver of such motor vehicle to ensure the
compliance by such driver with all the relevant provisions of this Act, in particular
the provisions regarding—
(i) the requirements in respect of the professional driving permit referred to
in section 32; and
(ii) the loading of such vehicle as prescribed by or under this Act;
(d) ensure that such motor vehicle complies with the fitness requirements
contemplated in Chapter V;
(e) conduct his or her operations with due care to the safety of the public;
(f) if dangerous goods or substances are conveyed, ensure that all requirements for
the conveyance of such goods or substances, as prescribed in—
(i) any other law in relation to such goods or substances; and
(ii) this Act,
are complied with; and
(g) take all reasonable measures to ensure that such motor vehicle is operated on a
public road in compliance with the provisions for the loading and transportation of
goods as prescribed by or under this Act.

► Comment: The impact of the legislation on business contracts, including:

❑ Consignor/consignee;
❑ Drivers/employees;
❑ Customer.

The aim of operator registration is to hold the operator (most of the time the owner) criminally accountable for
actions performed with the vehicle by people in his employ.

In the past the driver was held criminally liable for actions committed with a vehicle, although he was not always
part of the decision-making process which resulted in these crimes, especially overloading.

In the past, drivers were sometimes forced to drive vehicles which were not roadworthy. They did not have the
means or the authority to repair them or the power to refuse to drive these unroadworthy vehicles, even if it
might be to their detriment.

The operator concept was developed in an attempt to counter this situation. Operators have certain
responsibilities and duties to perform to ensure a legal operation. Pleading ignorance is no longer good
enough, as that would clearly indicate carelessness and a lack of control.

Traffic officers are also encouraged to prosecute operators.

Where several vehicles of an operator have been charged for various offences it is possible to add all the
cases together and summons the operator to court.

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A person or company cannot stipulate anything in a contract that is contra bones mores (against the good
morals).

A person or company cannot contract out of gross negligence or willful actions to the retirement of the other
party. For example it is not possible to state that you are not responsible for the overloading of a vehicle if you
do not have measurements in place to control the loading of the vehicles.

The criminal procedure normally works as follows:

❑ Generally the driver of the vehicle will be prosecuted.

❑ The operator will then be added as an accused by the way of a section 54 notice in terms of the Criminal
Procedure Act, 1977.
❑ The driver will normally be prosecuted for the specific offence e.g. overloading in terms of regulation
234 read with Reg 240.
❑ The operator will be prosecuted for transgressing section 49 by not controlling his operations. There is
however no legal reason why the operator cannot be prosecuted for the specific offence as well.
❑ A traffic officer may charge a person for all the offences (according to his discretion) committed. It is the
duty of the Magistrate to decide if the charges were split and if the motive and actions were the same
for each offence.

NOTES ON CONTRACTS

❑ Contracts concluded with drivers and proxies of vehicles must conform to labour legislation.
❑ Drivers and proxies are employees, even if they are informally employed.
❑ The Basic Conditions of Employment Act, 1996 is applicable to contracts with employees.
❑ The Labour Relations Act, 1995 is applicable to contracts with employees.

REQUIREMENTS FOR CONTROL OVER VEHICLES

❑ Section 49 states that the operator shall ensure that the motor vehicle complies with all the fitness
requirements. This implies that an operator must:
o Have a set of rules on the roadworthy requirements of your vehicles.
o Place a duty on drivers, depot manager and workshops mechanics to report all defects on the vehicle.
o Have a typed checklist that is to be completed regularly.

Remember you might need to convince a court that you have sufficient control over the
roadworthiness of your vehicle.
❑ Only buy legal vehicles.
❑ If you have to use a vehicle that is not legal (dimensions, etc.) obtain a permit in terms of provincial
legislation.

CONTROLLING THE ACTIONS OF YOUR DRIVERS

❑ Contracts with drivers should be tight and contain the provisions of the legislation.
❑ Operators should formulate contracts to formalize relationships between the consignors and
themselves. The contracts should take into account road traffic principles.
❑ Training: Operators must train their drivers and proxies to ensure they understand and obey road traffic
principles.

Sec 50. Power of chief executive officer in respect of motor vehicles, drivers and activities
of operators
(1) The chief executive officer 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

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 to ensure its continued roadworthiness in accordance with Chapter V;
(b) require from such operator to indicate in writing what precautions he or
she has taken to ensure the continued roadworthiness of such motor
vehicle in accordance with Chapter V;
(c) direct such operator to produce such motor vehicle for inspection,
examination or testing at a time and place specified in such notice; and
(d) suspend the operator card issued in respect of such motor vehicle, if such
motor vehicle has been examined or tested under paragraph (c) and found
to be unroadworthy in terms of Chapter V, for such period as such motor
vehicle is so unroadworthy.
(2) The chief executive officer concerned may, on account of the record of a driver of
a motor vehicle in respect of which an operator is registered, by written notice—
(a) inform such operator that it is suspected that he or she does not exercise
proper control over the driver under his or her authority as required by
section 49;
(b) require such operator to indicate in writing what precautions he or she has
taken in order to ensure proper control over drivers under his or her
authority;
(c) require such operator to produce for examination the records regarding
drivers which an operator is required to keep in terms of this Act; and
(d) direct that the driver concerned be retested in terms of section 25.
(3) The chief executive officer concerned may, if the record of an operator indicates
that such operator does not comply with the provisions of this Act, by written
notice—
(a) direct such operator to carry out his or her duties in terms of section 49
properly;
(b) appoint a person whom he or she deems fit, to investigate the activities or
specific activities of such operator and direct the person so appointed to
make a written recommendation to him or her regarding what measures
should be taken in respect of such operator;
(c) direct such operator to appear before him or her or before any other
person appointed by him or her, in order to furnish reasons for his or her
failure to carry out his or her duties in terms of section 49; and
(d) notify such operator—
(i) that an operator card shall only be issued to him or her on such
conditions as the chief executive officer may deem fit;
(ii) that no further operator card shall be issued to him or her for such
period as the chief executive officer may specify in the notice; or
(iii) that the operator card or cards relating to such motor vehicle or
vehicles as the chief executive officer may determine in respect of
which he or she is registered as the operator is or are suspended
until that chief executive officer is satisfied that the grounds for the
suspension have lapsed:
Provided that—
(aa) the period of any suspension under subparagraph (iii) shall
not exceed 12 months;
(bb) any decision by the chief executive officer under this
paragraph shall only be taken on the basis of a

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 recommendation by a person appointed under paragraph
(b);
(cc) the chief executive officer shall, within 21 days after the
date of the notice, in writing furnish such operator with the
reasons for his or her decision.
(4) The chief executive officer concerned may, in the exercise of his or her powers
under this section—
(a) require any operator, subject to any lawful objection, to make discovery of
documents by way of affidavit or by answering interrogatories on oath and
to produce such documents for inspection;
(b) require any operator to allow inspection of any records and documents
required to be kept by the operator in terms of this Act;
(c) appoint a commission to take the evidence of any person in the Republic
or in a prescribed territory or in a foreign state and to forward such
evidence to him or her in the same manner as if the commission were a
commissioner appointed by a court; and
(d) at any time require that an inquiry be instituted into the operational
activities of an operator by a person appointed by him or her for that
purpose and, if such operator is a company, also into those of any other
company in a group of companies to which the operator belongs or of
which the operator is the controlling company.
► Comment: The CEO has extensive powers to control the operations of an operator.

Sec 51. Act or omission of manager, agent or employee of operator

(1) Whenever any manager, agent or employee of an operator commits or omits an
act which would have constituted an offence in terms of this Act if the operator
had committed or omitted such act, that operator shall, in the absence of
evidence—
(a) that he or she did not connive at or permit such act or omission;
(b) that he or she took all reasonable measures to prevent an act or omission
of the nature concerned; and
(c) that an act or omission of the nature of the act or omission charged did not
fall within the scope of the authority of or the course of the employment as
such manager, agent or employee,
be deemed himself or herself to have committed or omitted that act and be liable
to be convicted and sentenced in respect thereof.
(2) Whenever any manager, agent or employee of an operator commits or omits any
act which would have constituted an offence in terms of this Act if such operator
had committed or omitted it, such manager, agent or employee shall be liable to
be convicted and sentenced in respect thereof as if he or she were such operator.

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 CHAPTER VI A
RIGHT OF APPEAL
Sec 51A. Right of appeal to Shareholders Committee

(1) Any person, department of State or registering authority who or which is aggrieved—
(a) at the refusal of the chief executive officer to register him or her in any capacity
referred to in section 3C, or as an instructor;
(b) at any decision of the chief executive officer regarding the activities of an operator,
the refusal of the chief executive officer to have an operator card issued to an
operator or the suspension or cancellation of such operator card;
(c) at the refusal of the inspectorate of driving licence testing centres or the inspectorate
of testing stations to register a driving licence testing centre or a testing station,
respectively; or
(d) at the suspension or cancellation of any such registration, may within 21 days after
such refusal, suspension, cancellation or decision, in writing lodge an appeal with
the Shareholders Committee against such refusal, suspension, cancellation or
decision, and such person, department of State or registering authority shall at the
same time serve a copy of the appeal on the chief executive officer, inspectorate of
driving licence testing centres or inspectorate of testing stations, as the case may
be.
(2) After receipt of the copy of appeal referred to in subsection (1), the chief executive officer,
the inspectorate of driving licence testing centres or inspectorate of testing stations, as
the case may be, shall forthwith furnish the Shareholders Committee with his, her or its
reasons for the refusal, suspension, cancellation or decision, to which the appeal refers.
(3) The Shareholders Committee may after considering an appeal under subsection (1) give
the decision it deems fit.
(4) An appeal referred to in subsection (1) shall include an appeal against any refusal,
suspension, cancellation or decision of the chief executive officer taken in terms of the
laws of any province.

Sec 51B. Right of appeal to chief executive officer

(1) Any person who is aggrieved at the refusal of an examiner for driving licences to issue or
authorise the issue to him or her of a learner’s or driving licence, may, within 21 days after
such refusal, in writing appeal to the chief executive officer, and such person shall at the
same time serve a copy of the appeal on the examiner concerned.
(2) Any person who is aggrieved at the refusal of an examiner of vehicles or a testing station
to issue certification of roadworthiness in respect of a motor vehicle or to authorise the
issue of such certification to him or her, or at the conditions subject to which such
certification was issued to him or her, may, within 21 days after such refusal or after the
issue of certification subject to the conditions concerned, in writing appeal against any
such refusal or conditions concerned to the chief executive officer, and such person shall
at the same time serve a copy of the appeal on the examiner or the testing station.
(3) After receipt of the copy of appeal referred to in subsection (1) or (2), the examiner for
driving licences or the examiner of vehicles or the testing station, as the case may be,
shall forthwith furnish the chief executive officer with his or her reasons for the decision to
which such appeal refers.
(4) For the purpose of deciding an appeal under subsection (1), the chief executive officer
may nominate any person to examine and test the appellant as to his or her competency
to drive the class of motor vehicle concerned and may in addition require each party to
the appeal to furnish such information and evidence as he or she deems expedient.

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 (5) For the purpose of deciding an appeal under subsection (2), the chief executive officer
may—
(a) where the appeal concerns a certification of roadworthiness, cause the motor vehicle
concerned to be examined and tested by an examiner of vehicles nominated by him
or her; and
(b) require each party to the appeal to furnish such information and evidence as he or
she deems necessary.
(6) The chief executive officer may after considering the appeal give such decision as he or
she deems fit.
(7) An appeal referred to in subsections (1) and (2), shall include an appeal against any
refusal, suspension, cancellation or decision in terms of the laws of any province.

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 CHAPTER VII
ROAD SAFETY

Sec 52. Powers and functions of Director-General

(1) The Director-general may—
(a) prepare a comprehensive research programme to effect road safety in the
Republic, carry it out systematically and assign research projects to
persons who, in his or her opinion, are best equipped to carry them out;
(b) give guidance regarding road safety in the Republic by means of the
organising of national congresses, symposiums, summer schools and
study weeks, by means of mass-communication media and in any other
manner deemed fit by the Director-General.
(2) In order to perform his or her functions properly the Director-General may—
(a) finance research in connection with road safety in the Republic;
(b) publish a periodical to promote road safety in the Republic, and pay fees
for matters inserted therein;
(c) give guidance to associations or bodies working towards the promotion of
road safety in the Republic;
(d) organise national congresses, symposiums, summer schools and study
weeks and, if necessary, pay the costs therefor, and remunerate persons
performing thereat;
(e) with a view to promoting road safety in the national sphere, publish
advertisements in the mass-communication media.
(3) The Director-General shall exercise his or her powers and perform his or her
functions subject to the control and directions of the Minister.

Sec 53. Delegation by chief executive officer

(1) The chief executive officer 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 chief executive officer, and the chief executive
officer may at any time revoke such delegation or authorisation.
(3) Any delegation or authorisation under subsection (1) shall not prevent the chief
executive officer from exercising that power or carrying out that duty himself or
herself.

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 CHAPTER VIII
DANGEROUS GOODS

Learning objectives:
The chapter deals with the transportation of dangerous goods.

The legislation prescribes the duties of consignors, consignees and operators of dangerous goods.

The legislation only contains references to SANS specifications that are incorporated by references.

The new legislation is much more encompassing than the Hazardous Substances Act. The list of
substances is extended. The quantity of products is less. Smaller loads will also fall within the ambit
of the new legislation.

Multi loads/Mixed loads are also regulated.

Routes for certain types of dangerous goods will to be pre-planned and co-ordinated with the relevant
authorities.

Sec 54. Transportation of certain dangerous goods prohibited

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.

Sec 55. Appointment of dangerous goods inspector or inspectorate

(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.
THE TRANSPORTATION OF DANGEROUS GOODS AND SUBSTANCES BY ROAD

TRANSPORTATION OF DANGEROUS GOODS

Regulation 273

[Government Gazette No: 30763, Notice number 154,

dated 8 February 2008]

INCORPORATON OF STANDARDS SPECIFICATION INTO THE NATIONAL ROAD

TRAFFIC REGULATION

The Minister of Transport (Jeffrey Thamsanqa Radebe), acting in terms of section 76 of

the National Road Traffic Act, 1996 (Act No. 93 of 1996) re-incorporate SANS 10231-
2006 into the National Road Traffic Regulation, 2000. 01 July 2007 is determined as the
date of incorporation.

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Reg 273. Definitions
For the purposes of this Chapter—

“competent authority” means the competent authority listed in supplement 1 of the code of
practice SABS 0229 “Packaging of dangerous goods for road and rail transportation in South
Africa”;

“consignor” means the person who offers dangerous goods for transport in a vehicle referred to
in regulation 274(1), and includes the manufacturer or his or her agent, duly appointed as such;

“consignee” means the person who accepts dangerous goods which have been transported in a
vehicle referred to in regulation 274(1);

“dangerous goods inspector” means a person appointed as such under section 55 of the Act;

“emergency action response system” means a system designed to enable emergency crews
arriving on the scene of an incident to determine, from coded placarding on the vehicle, or failing
that, from the transport emergency card or dangerous goods declaration, the identity of the cargo
carried, the nature of the hazard presented and the emergency action to be taken to neutralize
the danger, and is as prescribed in code of practice SANS 10232-1“Transportation of dangerous
goods - Emergency information systems”, Part 1: “Emergency information system for road
transportation” and code of practice SANS 10232-3“Transportation of dangerous goods -
Emergency information systems”, Part 3: “Emergency action guides”

“exempt quantities” means those quantities that are exempt in accordance with code of practice
SABS 0232-1 “Transportation of Dangerous Goods - Emergency information systems”;

“incident” means an unplanned event during the transportation or storage of dangerous goods
which involves leakage or spillage of dangerous goods or risk thereof;

“multiload” means more than one type or hazard class of dangerous goods or substances carried
together;

“premises” means land or any building or other structure and includes any train, boat, ship,
aircraft or other vehicle;

“qualified person” means a person trained to perform any specific task, nominated by the
operator, consignor or consignee under regulation 277; and

“Tremcard” means the transport emergency card listing the hazards and emergency information
for a material being transported for use by the driver during an incident, or by the emergency
services, if required.

"Transport emergency card" means a card which can either be generated from the
European Council of Chemical Manufactures' Federation system, or in accordance with
SANS 10232-4, listing the hazards and emergency information for a material being
transported for use by the driver during an incident, or by the emergency services, if required.

Reg 273A. Incorporation of standards

South African National Standards SANS 1518 “Transportation of dangerous goods – design of
vehicles, tanks and accessories for the transport of dangerous goods and SANS 10228 “The
identification and classification of dangerous goods for transport”, SANS 10229 “Packaging of
dangerous goods for road and rail transportation in South Africa”, SANS 10231 “Transportation of
dangerous goods – Operational requirements for road vehicles”, SANS 10232-1 “Transportation of
dangerous goods - Emergency information systems Part 1: Emergency information system for road

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transport”, SANS 10232-3 “Transportation of dangerous goods – Emergency information systems
Part 3: Emergency response guides”; SANS 10232-4 “Transportation of dangerous goods –
Emergency information systems Part 4: Transport emergency card” and SANS 10233 Transportation
of dangerous goods - Intermediate bulk containers for road and rail transport” are incorporated into
these regulations by notice published by the Minister in the Gazette;

Reg 274. Application

(1) Subject to subregulation (2), this Chapter applies to all vehicles registered in the Republic,
wherever they may be, and to all vehicles other than those registered in the Republic, whenever they
are within the Republic, in or on which dangerous goods are transported, and to such dangerous
goods.
(2) These regulations do not apply in respect of dangerous goods which are transported in
quantities which do not exceed the exempt quantities.

Reg 274A. Other legislation applicable

If a provision in this Chapter is in conflict with a provision of the Explosives Act, 1956 (Act No. 26 of
1956), the Nuclear Energy Act, 1993 (Act No. 131 of 1993), the Fire Brigade Services Act, 1987 (Act
No. 99 of 1987), the Mines and Works Act, 1956 (Act No. 27 of 1956), the Environment Conservation
Act, 1989 (Act No. 73 of 1989), the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993),
the Hazardous Substances Act, 1973 (Act No. 15 of 1973), or the Fertiliser, Farm Feeds, Agricultural
Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), the latter provision shall take
precedence.

Reg 275. Transportation of dangerous goods prohibited

No person shall operate on a public road any vehicle in or on which dangerous goods is transported,
unless such dangerous goods is transported in accordance with this Chapter: Provided that—
(a) dangerous goods which is required under this Chapter to be transported in a vehicle in
respect of which standard specification SANS 1518 “Transportation of dangerous goods
– Design, construction, testing, approval and maintenance of road vehicles and portable
tanks”, apply-
(i) may be transported in such a vehicle; and
(ii) shall be so transported in accordance with the said appropriate standard
specification if the vehicle in which the said dangerous goods is being transported
was registered for the first time on or after 1 October 2001; and;
(b) vehicles carrying dangerous goods in respect of which a placard is required to be fitted
to such vehicle, may be fitted with, but shall after 1 January 2001 be fitted, with the
appropriate placards prescribed in code of practice SABS 0232-1 “Transportation of
dangerous goods -Emergency information systems”, Part 1: “Emergency information
system for road transportation”.

Reg 276. Exemptions

(1) The Minister may, after consultation with the competent authority concerned, either generally
or subject to such conditions as he or she may deem fit, by way of notice in the Gazette, grant
exemption in respect of a specific consignment of dangerous goods to be transported by any vehicle,
or class or description of vehicle, from any of or all the provisions of this Chapter, and may, subject
to giving reasonable notice, amend or cancel any exemption so granted.
(2) The dangerous goods listed in code of practice SABS 0232-1 "Transportation of Dangerous
Goods - Emergency information systems" are exempt from the provisions of these Regulations with

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regard to quantity or in its entirety, or the quantities of a multiload as determined by the factor, as
indicated in that Code of Practice, and for the purpose of the Act, one litre of a substance, is equal
to one kilogram of a substance.

Reg 277. Duties of operator, driver, consignor and consignee

(1) The operator, driver, consignor and consignee shall, subject to any provision to the contrary
contained in this Chapter, comply with the requirements with respect to the transportation of
dangerous goods in or on a vehicle on a public road, as determined in the standard specifications
and codes of practice referred to in regulation 273A.
(2) The operator, consignor or consignee, as the case may be, shall nominate a qualified person
in the circumstances and with respect to the tasks pertaining to the transportation of dangerous
goods, as determined in the standard specifications and codes of practice referred to in regulation
273A.
(3) Subject to the provisions of subregulation (2), the operator, consignor and consignee may
nominate a qualified person for any purpose deemed necessary by that operator, consignor and
consignee with relation to the transportation of dangerous goods.

Reg 278. Dangerous goods to be compatible

The consignor shall ensure that a multiload of dangerous goods transported on a vehicle is
compatible as prescribed in Annex D to code of practice SABS 0232-1 “Transportation of dangerous
goods -Emergency information systems”, Part 1: “Emergency information system for road
transportation”.

Reg 279. Authority for classification and certification of dangerous goods

(1) If there is any doubt as to the appropriate classification of dangerous goods, such dangerous
goods shall be classified by an approved classification authority in accordance with code of practice
SABS 0228 “The identification and classification of dangerous substances and goods”.
(2) Dangerous goods shall be presented by the consignor for transportation packed in packaging
that has been approved by an approved test station and by the approved certification authority and
marked in the manner contemplated in code of practice SABS 0233 “Intermediate bulk containers
for dangerous substances” and code of practice SABS 0229 “Packaging of dangerous goods for
road and rail transportation in South Africa”.

DRIVER TO UNDERGO TRAINING

Regulations 280(1)
The Minister of Transport (Jeffrey Thamsanqa Radebe), determined 1 July 2008 as the date on which
drivers of Dangerous Goods vehicles who require a Professional Driving Permit, must undergo training
at an approved Dangerous Goods Training Body.

[Government Gazette No: 30763, Notice number 153, dated 8 February 2008]

Reg 280. Driver to undergo training

(1) An operator shall ensure that after a date to be determined by the Minister by notice in the
Gazette, the drivers of the vehicles of which he or she is the operator that has to obtain a professional
driving permit as referred to in regulation 115(1)(f), undergo training at an approved training body to
comply with regulation 117(e).
(2) Each approved training body shall submit a syllabus for the training of the drivers referred to
in subregulation (1) to the Shareholders Committee for approval, and resubmit such syllabus for

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approval, within 90 days after relevant legislation or SABS specifications, influencing the training
material, have been amended.
(3) The syllabus for the training of drivers shall contain at least—
(a) the interpretation and implementation of the instructions on a Tremcard;
(b) general duties of the driver before proceeding on a route concerning, specifically, but not
limited to, the condition of the vehicle, the documents to be kept in the vehicle,
instructions regarding the route to be taken, warning signs and warning devices to be
displayed or stored in the vehicle, the correct type and number of fire extinguishers to be
fitted to the vehicle and protective clothing to be used;
(c) general behaviour expected of the driver on the route, amongst other things, planning of
stops for deliveries or checking of the tyres and vehicle, and procedure to be followed in
the event of stops, periods of driving allowed, action to be taken in the event of an
incident occurring;
(d) general procedure to be followed by the driver on reaching his or her destination; and
(e) general procedure to be followed when loading or offloading dangerous goods.
(4) A training body referred to in subregulation (2) shall issue drivers with a certificate for the
successful completion of training for purposes of regulation 117(e).
(5) An operator shall ensure that a driver undergo theoretical and practical training at an approved
training body for the specific class of dangerous goods that he or she shall be responsible for and
practical training by an accredited body for the specific type of vehicle that he or she shall drive.

Reg 281. Documents to be held by driver

(1) The driver of a vehicle referred to in regulation 274(1) shall ensure that such Tremcards and
manifests as are required in terms of this Chapter, and which pertain to the dangerous goods carried
on such vehicle are held in the designated space in the cab of that vehicle at such time as dangerous
goods are being transported in such vehicle.
(2) The driver of a vehicle referred to in regulation 274(1) shall produce on demand—
(a) a professional driving permit, if applicable; and
(b) the documents referred to in subregulation (1),
whenever he or she is operating a vehicle referred to in regulation 274(1).

Reg 282. Dangerous goods inspectors

(1) A dangerous goods inspector shall be appointed by the Minister.

(2) The minimum requirements for appointment as a dangerous goods inspector shall be that the
applicant-
(a) has obtained a qualification as determined by the Minister;
(b) is, in the opinion of the Minister, a fit and proper person; and
(c) has undergone training in relation to the laws, policy and operational requirements
applicable to the transportation of dangerous goods.
(3) A certificate of appointment shall be issued to a dangerous goods inspector appointed under
subsection (1), and that inspector shall carry the certificate with him or her in the course of his or her
duties.

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Reg 283. Powers, duties and functions of dangerous goods inspectorate and dangerous
goods inspectors
(1) The dangerous goods inspectorate shall-
(a) evaluate consignors, consignees and operators to determine their compliance with the
provisions of the Act and the standard specifications;
(b) conduct investigations into the procedures followed by a person or body of persons in
relation to the requirements for the transportation of dangerous goods;
(c) keep a data base of:
(i) every incident that must be reported in terms of SABS 0231 "Transportation of
dangerous goods - Operational requirements for road vehicles;
(ii) dangerous goods regulated under these Regulations and exempt quantities
thereof;
(iii) routes frequently used for the transportation of dangerous goods;
(iv) operators transporting dangerous goods; and
(v) offences and infringements related to the transportation of dangerous goods;
(d) advise the Minister on matters related to the transportation of dangerous goods;
(e) assist traffic officers in the execution of their powers and duties in respect of the
transportation of dangerous goods; and
(f) keep abreast with international developments concerning the transportation of
dangerous goods.
(2) A dangerous goods inspector employed by the dangerous goods inspectorate may enter any
motor vehicle on or in which any substance suspected to be dangerous goods is or is suspected to
be transported, or enter any premises on or in which any other operation or activity relating to such
transport with or in connection with any such substance is or is suspected to be carried out, and
may, subject to the provisions of the Act-
(a) inspect or search the vehicle or premises, or examine, or extract, take and remove
samples of, or direct an approved authority to examine, extract or remove, any substance
found in or upon such premises, or any packaging, receptacles, unit loads, bulk
containers and bulk transportation equipment or other objects so found which is or is
suspected to be used, or destined or intended for use, for, in or in connection with the
transport of dangerous goods, or for, or in connection with any other operation or activity
with or in connection with the transport of dangerous goods, or open or direct an
approved authority to open any packagings, receptacles, unit loads, bulk containers and
bulk transportation equipment suspected to contain such dangerous goods;
(b) detain a vehicle which is on reasonable grounds suspected of not complying with these
regulations, for the purposes of exercising any of the powers of a dangerous goods
inspector under this regulation;
(c) demand from the driver, operator or any person in charge of the vehicle or premises, to
produce any document prescribed under these regulations;
(d) demand any information regarding any substance or packagings, receptacles, unit loads,
bulk containers, bulk transportation equipment or other objects from any person in whose
possession or charge it is or from the operator or person in charge of the vehicle or
premises;
(e) weigh, count, measure, mark or seal, or direct an approved authority to weigh, count,
measure, mark or seal, any substance or packagings, receptacles, unit loads, bulk
containers, bulk transportation equipment or other objects or lock, secure, seal or close
any door or opening giving access to it;

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 (f) examine or make copies of, or take extracts from, any book, statement or document
found in or on the vehicle or premises and which refers or is suspected to refer to the
substance, packagings, receptacles, unit loads, bulk containers, bulk transportation
equipment or other objects;
(g) demand from the operator or any person in charge of the vehicle or premises or from
any person in whose possession or charge such book, statement or document, an
explanation of any entry therein;
(h) inspect any operation or process carried out in or upon the vehicle or premises in
connection with any activity referred to in paragraph (a); (i) demand any information
regarding the operation or process referred to in paragraph (viii) from the operator or
person in charge of the vehicle or premises or from any person carrying out or in charge
of the carrying out of such operation or process; and
(j) seize any substance, book, statement or document or other packagings, receptacles,
unit loads, bulk containers, bulk transportation equipment or other objects which appears
to provide proof of a contravention of any provision of this Act.
(3) If a dangerous goods inspector intends to exercise or perform any power, duty or function
under these regulations in the presence of any persons affected thereby, he or she shall, on demand,
produce the appointment certificate issued to him or her under regulation 282.
(4) Notwithstanding the provisions of this regulation, a dangerous goods inspector or an approved
authority shall not open dangerous goods packages, or unload or decant dangerous goods unless
(a) the operator was duly notified;
(b) such unloading, decanting or opening of packages is authorised by the local authority
concerned; and
(c) a qualified person supervises the unloading, decanting or opening of packages;
(5) If the dangerous goods inspectorate finds after an investigation in terms of these Regulations,
that an operator has committed an offence in terms of these Regulations or does not comply with
these Regulations, it must request the MEC concerned to act in terms of section 50 of the Act,
providing reasons for the request.

Reg 283A. Powers, duties and functions of traffic officers in relation to dangerous goods.
(1) A traffic officer may enter any motor vehicle on or in which any substance suspected to be
dangerous goods is or is suspected to be transported, or enter any premises on or in which any other
operation or activity relating to such transport with or in connection with any such substance is or is
suspected to be carried out, and may, subject to the provisions of the Act-
(a) demand from the driver, operator or any person in charge of the vehicle or premises, to
produce any document prescribed under these regulations;
(b) demand any information regarding any substance or packagings, receptacles, unit loads,
bulk containers, bulk transportation equipment or other objects from any person in whose
possession or charge it is or from the operator or person in charge of the vehicle or
premises;
(c) determine the quantity or volume of any dangerous goods;
(d) examine or make copies of, or take extracts from, any book, statement or document
found in or on the vehicle or premises and which refers or is suspected to refer to the
substance, packagings, receptacles, unit loads, bulk containers, bulk transportation
equipment or other objects.
(2) Notwithstanding the provisions of this regulation, a traffic officer or an approved authority shall
not open dangerous goods packages, or unload or decant dangerous goods unless-

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 (a) the operator was duly notified;
(b) such unloading, decanting or opening of packages is authorised by the local authority
concerned;
(c) a qualified person supervises the unloading, decanting or opening of packages; an
(d) the dangerous goods inspectorate is notified.

Reg 283B. Presumption regarding the transportation of dangerous goods and the quantity of
such goods
Where in any prosecution for an alleged contravention of any provision in this Act, it is alleged that
dangerous goods, as listed in SABS 0228: The identification and classification of dangerous
substances, were transported and that such goods were in excess of the exempt quantity, as
stipulated in "SABS 0232-1: Transportation of dangerous goods - Emergency information system", -
(a) any document or a copy or extract out of any document, purporting to have been issued
by the consignor of such goods or operator of such vehicle, stating the nature of goods
and the quantity thereof; or
(b) any extract from the packaging of any goods transported, identifying or marking, such
goods as dangerous goods, and any UN number reflected on such packaging, shall be
presumed, in absence of evidence to the contrary, to be prima facie proof that such
goods were dangerous goods and the quantity of such goods was in excess of the
exempt quantity.

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 CHAPTER IX
ROAD TRAFFIC SIGNS AND GENERAL SPEED LIMIT

LEARNING OBJECTIVES:
The detail on road traffic signs (Schedule 1 of the current National Road Traffic Act, 1996) do not form
part of the course and will not be examined on.

The speed limit legislation must however be noted. General speed limits apply when there are no
displayed speed limits.

Road Traffic Signs

Sec 56. Minister may prescribe road traffic signs

(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.

Sec 57. Authority to display road traffic signs

(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.

(1A) The chief executive officer, 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

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 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.

Sec 58. Failure to obey road traffic sign prohibited

(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 fire-fighting response vehicle, a rescue vehicle, an
emergency medical response vehicle or an ambulance who drives such vehicle in the
performance of his or her duties, a traffic officer or a person appointed in terms of the South
African 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,
may disregard the directions of a road traffic sign which is displayed in the prescribed manner:
Provided that—

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 (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, fire-fighting response vehicle, rescue vehicle,
emergency medical response vehicle, ambulance or any vehicle driven by a person
issued with the necessary authorisation, 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.

Reg 284. Definitions

For the purpose of this Part—
“abnormal vehicle” means any vehicle which is operated under a written exemption granted in
terms of section 81 of the Act and any motor vehicle accompanying such abnormal vehicle as a
condition for operation;
“agricultural vehicle” means a vehicle designed or adapted solely for agricultural activities and
includes a tractor but does not include a goods vehicle;
“authorised vehicle” means any motor vehicle identified by means of—
(a) a number plate;
(b) an authorised symbol or name on the vehicle; or
(c) an authorised disc affixed to the inside of the windscreen of the vehicle,
and whose identification is thereby compatible with that displayed on the appropriate road sign;
“construction vehicle” means a vehicle used in connection with road construction and road
maintenance;
“delivery vehicle” means a goods vehicle, motor cycle, motor tricycle or motor quadrucycle, in
the process of loading or unloading goods;
“disabled persons vehicle” means a motor vehicle conveying a person with a physical disability;
“emergency vehicle” means a fire-fighting vehicle, rescue vehicle, ambulance, a vehicle driven
by a traffic officer in the execution of his or her duties, a vehicle driven by a member of the South
African Police Service or a member of a municipal police service, both as defined in the South
African Police Services Act, 1995 (Act No. 68 of 1995), in the execution of his or her duties, and
a vehicle driven by a person responding to a disaster as contemplated in the Disaster
Management Act, 2002 (Act No. 57 of 2002);
“e-road” means a toll road declared as a toll road in terms of section 27(1)(a)(i) of the South
African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998), where
liability to pay toll for use of the road is recorded at a toll plaza exclusively by means of any
electrical or electronic device;
“e-tag” means an electronic device that is fitted to a specific motor vehicle as contemplated in
the Specification Regulations published in terms of section 58(1)(dB) of the South African National
Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998) to identify that motor
vehicle when it passes under a gantry;
“e-toll” means toll that is collected by means of an electric or electronic collection system where
a motor vehicle is identified by electric or electronic equipment and the liability to pay toll is
incurred when the user of the motor vehicle passes through a toll plaza and must arrange to pay
toll as determined in terms of section 27 and 58 of the South African National Roads Agency
Limited and National Roads Act, 1998 (Act No. 7 of 1998);
“hawker” means a person who sells or trades goods;
“high occupancy vehicle” means a motor vehicle in which the number of occupants equals or

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 exceeds the number indicated on an appropriate road traffic sign;
”midi-bus” means a bus which is designed or adapted solely for the conveyance of not more than
35 persons, excluding the driver;
“mini-circle” means a type of small traffic circle, entry to which is controlled by sign R2.2;
“painted island” means an island marked on the road surface that serves as a channelizing
device within a junction or in a public road;
“rickshaw” means a vehicle with two wheels designed to be pulled by a person;
“selective restriction sign” means a regulatory sign which comprises of a two part message
which is such that the lower message modifies or qualifies the significance of the upper message;
“taxi” means a motor car, motor tricycle or motor quadrucycle which is designed or adapted for
the conveyance of up to nine persons, including the driver, and is operated for reward;
“tour bus” means a minibus, midi-bus or a bus which is operated by or leased to a tour operator
and which is solely or principally used to convey tourists;
“traffic circle” means a junction which contains a traffic or painted island, around which a road
user travels in a clockwise direction, and “roundabout” shall have the same meaning;
“tram” means a device that operates on rails within a public road;
“variable message sign” means a road sign which is capable of varying its message by manual
or remote control to display a different message to the message last displayed and the road sign
may be light reflecting or light emitting; and
“zig-zag-zone” means that section of roadway delineated by a zig-zag-zone line marking RM11.

Reg 285. Purpose, classification and types of road traffic signs

(1) A road traffic sign shall have one of the following purposes:
(a) Regulatory, that is a road traffic sign which directs a road user to take or not to take a
specific action;
(b) warning, that is a road traffic sign calling attention to conditions on a public road which
are dangerous or potentially dangerous to road users; or
(c) guidance or information, that is a road traffic sign indicating a destination, direction,
distance, amenity, facility, place of interest, tourist attraction or location, or any
combination of these, or a road traffic sign which imparts general information or advice
to road users.
(2) Road traffic signs shall be divided into the following classes:
(a) Class I: Road signs—
(i) regulatory signs—
(aa) control signs;
(bb) command signs;
(cc) prohibition signs;
(dd) reservation signs;
(ee) comprehensive signs;
(ff) exclusive secondary signs; and
(gg) derestriction signs;

(ii) warning signs—

(aa) advance warning signs—
(aaa) road layout signs;

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 (bbb) direction of movement signs; and
(ccc) symbolic signs;
(bb) hazard marker warning signs; and
(iii) guidance signs—
(aa) location signs;
(bb) route marker signs;
(cc) direction signs;
(dd) freeway direction signs;
(ee) tourism direction signs;
(ff) diagrammatic signs;
(gg) local direction signs;
(hh) pedestrian signs; and
(ii) toll direction signs;
(iv) information signs;
(b) Class II: Road markings—
(i) regulatory markings—
(aa) transverse regulatory markings; and
(bb) longitudinal regulatory markings;
(ii) warning markings; and
(iii) guidance markings; and
(c) Class III: Road signals—
(i) regulatory signals—
(aa) traffic signals—
(aaa) vehicular light signals; and
(bbb) pedestrian light signals;
(ccc) pedal cycle light signals;
(bb) red flashing signal;
(cc) overhead lane direction control signals; and
(dd) other regulatory signals; and

(ii) warning signals—

(aa) warning flashing signals; and
(bb) warning flag signals.
(2A) The road traffic signs which fall under the classes referred to in subregulation (2) are contained
in Schedule 1 and shall have the significance ascribed to it in that Schedule.
(3) A regulatory, warning, guidance or information sign for which a temporary sign number is
allocated may be used in the temporary sign colours as prescribed by regulation 286A(1)(b):
Provided that this provision shall not apply to any control regulatory sign, location guidance sign or
tourism direction guidance sign.
(4) (a) When no specific symbol is available for the regulatory or warning message required, a
word message may be used on the background of a regulatory or warning sign of
standard shape, size and colour, and the letters used shall be black semi-matt on a white
or yellow background or white on a blue background.
(b) The lettering shall substantially conform to one of the standard letter styles detailed in
the Southern African Development Community Road Traffic Signs Manual and shall be
of a maximum size permitted by the space available and the message to be displayed,
but shall not be less than 70 millimetres in height.

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Reg 286. Dimensions for manufacture of road traffic signs
(1) (a) The minimum external dimensions in millimetres of regulatory and warning signs are
given in relation to the speed limit in kilometres per hour pertaining to the section of public
road on which the signs are erected: Provided that a tolerance of five percent below such
minimum dimension shall be permissible.
(b) The minimum dimensions and speed referred to in subregulation (1) shall, subject to
paragraph (c) be—
(i) for circular regulatory signs as shown in the table below:
SIGN TYPE

Speed limit 0 – 60 61 - 80 81 – 100 101 - 120

Diameter General 600 900 1 200 1 200

Overhead 900 1 200 1 200 1 600
Parking & Stopping 450 900 1 200 1 200

Provided that—
(aa) a stop sign shall be the same size as a circular sign except for a sign used
by a scholar patrol which may be a minimum of 450 millimetres in diameter;
(bb) a sign for pedestrians and cyclists may be a minimum of 300 millimetres in
diameter; or
(cc) a keep left sign used on the vertical face of a Ballard may be a minimum of
300 millimetres in diameter;
(ii) for triangular regulatory and warning signs as shown in the table below:
Speed limit 0 – 60 61 – 80 81 – 100 101 - 120

Side length 900 1 200 1 200 1 500

(iii) for triangular regulatory signs as shown in the table below:

SIGN TYPE

Speed limit 0 – 60 61 - 80 81 – 100 101 - 120

Height x width General 600 x 450 900 x 675 1200 x 900 1200 x 900
Overhead 900 x 675 1200 x 900 1200 x 900 1600 x 1200
Parking & Stopping 445 x 338 900 x 675 1200 x 900 1200 x 900
Bus & minibus stop 450 x 225 600 x 300 800 x 400 900 x 450

Provided that a one way roadway sign shall be of a minimum height of 450 millimetres and a
minimum width of 600 millimetres.
(c) The following signs shall be of the minimum dimensions as follows:
(i) Sign R1.3 and R1.4 shall be of the same size as one side of stop sign R1;
(ii) the lower part of sign R2.1 shall be as shown in the table below:
Speed limit 0 – 60 61 – 80 81 – 100 101 - 120

Height x width 300 x 225 450 x 338 600 x 450 750 x 563

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 (iii) Sign R5 shall be of a minimum side length of 450 millimetres;
(iv) an exclusive secondary message sign shall be of the same length as the diameter
or width of the upper sign in such sign combination;
(v) signs W401, W402 and W415 shall be of the minimum dimensions as shown in the
table below:
Speed limit 0 – 60 61 – 80 81 – 100 101 - 120

Height x width 600 x 150 600 x 150 800 x 200 800 x 200

(vi) signs W403 and W404 shall be of the minimum dimensions as shown in the table
below:
Speed limit 0 – 60 61 – 80 81 – 100 101 - 120

Diagonal 1 015 1 200 1 200 1 200

(vii) signs W405 to W410 and W414 shall be of the minimum dimensions as shown in
the table below:
Speed limit 0 – 60 61 – 80 81 – 100 101 - 120

Height 450 450 600 600

Provided that sign W414 shall have a minimum height of 600 millimetre and a width of 1 600
millimetres, irrespective of the speed limit, when used in conjunction with sign GA4.

(viii) sign TW411 shall be of the minimum dimensions as shown in the table below:
Speed limit 0 – 60 61 – 80 81 – 100 101 – 120

Height x width 200 x 1 200 300 x 1 800 400 x 2 400 400 x 2 400

(ix) sign TW412 shall be of the minimum dimensions as shown in the table below:
Speed limit 0 – 60 61 - 80 81 – 100

Height x width 450 x 900 600 x 1 200 600 x 1 200

(x) sign W413 shall be of the minimum dimensions as shown in the table below:
Speed limit 0 – 60 61 – 80 81 – 100 101 – 120

Height x width 600 x 350 600 x 350 800 x 466 800 x 466

(2) (a) The minimum width of a longitudinal road marking shall be 100 millimetres: Provided that
a tolerance of 10 percent below such minimum dimension shall be permissible.
(b) The minimum length of a continuous longitudinal road marking shall be nine metres on
a public road in an urban area and 12 metres on any other public road: Provided that this
provision shall not apply to such marking used to mark the edge of a painted island.

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 (c) The minimum width of a transverse road marking shall be—
(i) for road marking RTM1 in an urban area, 300 millimetres and in any other area
500 millimetres;
(ii) for road marking RTM2 in an urban area, 200 millimetres and in any other area
300 millimetres;
(iii) for road marking RTM4, 2 400 millimetres;
(iv) for road marking GM5, 300 millimetres; and
(v) for any other transverse road marking, 100 millimetres.
(3) The minimum diameter of any disc light signal of a traffic signal shall be 210 millimetres:
Provided that a tolerance of 10 percent below such dimension shall be permissible.
(4) The specific dimensions of a road traffic sign and of the letter styles and symbols used on such
sign shall be substantially in conformity with the requirements laid down in the Southern African
Development Community Road Traffic Signs Manual - Volume 4.

Reg 286A. Colours for manufacture of road traffic signs

(1) (a) The colours of a road traffic sign shall be as indicated in Schedule 1.
(b) Where a temporary version of a road sign is provided for, by means of a temporary
number allocated to such sign, the colour of such sign shall be altered so that—
(i) a white symbol, letter or border becomes black semi-matt and any super-imposed
black symbol becomes white retro-reflective;
(ii) the yellow symbol on signs R302 and R303 and any yellow letters, numerals or
punctuation marks become black semi-matt; or
(iii) a white, blue or green background becomes yellow retro-reflective:
Provided that:
(aa) a red border or other area stays red except that—
(aaa) the border of a temporary diagrammatic sign or high visibility sign
becomes black semi-matt; or
(bbb) the red areas on signs W401, W402 and W405 to W410 become
black semi-matt;
(bb) the superimposed colored portions of symbols on signs R126, R232, R316,
R321, R322, R316-P, R321-P, R322-P, W301, W302 and W303 stay as
they are; and
(cc) any other yellow symbol stays yellow but is surrounded by a thin black semi-
matt border.
(c) Where only a temporary version of a road sign is provided for it shall conform to the
temporary colours referred to in paragraph (b).
(2) Where a road traffic sign is required to be of any specific colour or colours, such colours shall
be in conformity with the following specifications published by the South African Bureau of
Standards:
(a) For red, orange, yellow, green, blue, purple, white and brown retro-reflective material
and for red, orange, yellow, green, blue, purple, white, grey, black and brown paint, the
coefficient of retro-reflection, the colour, luminance factor and specular gloss, as the case
may be, prior to weathering, of the standard specification SABS 1519 “Road signs”, and
the words “coefficient of retro-reflection, colour, luminance factor, specular gloss and
weathering”, shall bear the same meaning as assigned thereto by such specification;

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 (b) for yellow, white, black and red road marking material and golden yellow paint, standard
specification SABS 1091 “National colour standards for paint”;
(c) for red, yellow, clear and green road studs, standard specification SABS 1442 “Road
studs”; and
(d) for red, yellow and green illuminated traffic signals, standard specification SABS 1459
“Traffic Lights”.
(3) If a road traffic sign is displayed with a colour which differs in shade from the colour specified
in subregulation (2), the validity of such sign shall, in the absence of evidence of prejudice, not be
affected thereby.
(4) The reverse side of a road sign, other than a road sign with an aluminium background, shall
be grey, except that, irrespective of the material of manufacture, the reverse side of a stop sign shall
be white semi-matt.
(5) Subject to the provisions of this Part, the colour of the standard or post specifically erected for
the display of a road sign shall, where the standard or post is—
(a) of steel, be grey: Provided that if the steel has been treated this requirement shall not
apply;
(b) of wood, be the colour of the wood as treated or painted grey or brown; and
(c) of concrete, be the natural colour of the concrete, and in the case of a road signal the
standard, post or cantilever shall be golden yellow, portions of which may be retro-
reflective; Provided that this provision shall not be applicable to an overhead traffic signal
mounted on a gantry.
(6) Light reflecting variable message road signs shall conform to the dimensional and colour
requirements in this regulation.
(7) (a) Light emitting variable message road signs may be used to display a regulatory, warning,
guidance or information message.
(b) Any light emitting variable message road sign which conveys a regulatory or warning
message shall display the message—
(i) in the same shape as the equivalent standard sign;
(ii) with an illuminated red or white border as the case may be; and
(iii) with an illuminated message in white letters, numbers or symbols on a semi-matt
black background.
(c) A combination of a standard road sign and a variable message road sign may be used.
(8) Retro-reflective material referred to in subregulation (2) (a) shall bear a permanent mark to
identify the class and the manufacturer of such material.

Reg 287. Manner of display of road signs and road signals

(1) Subject to the provisions of this Part, a road sign or a road signal shall—
(a) be displayed on a public road where its significance is applicable, to face oncoming
traffic;
(b) be placed in a position and at a height which is the most advantageous with regard to
the design, alignment and other features of the public road concerned; and
(c) be displayed substantially in conformity with:
(i) the Southern African Development Community Road Traffic Signs Manual Volume
One and Four;

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 (ii) the South African Road Traffic Signs Manual Volume Two and Three.
(2) A temporary road sign shall only be used for a temporary condition.
(3) Where an association or club is authorised to display a road traffic sign as referred to in section
57(6) of the Act, no badge or other token on any such road traffic sign shall be outside the outline of
such road traffic sign: Provided that in any case where this is not possible, it shall be in the immediate
proximity to the junction of the road traffic sign with the standard or post and contained in an area
not exceeding 10 percent of the area of the face of such sign: Provided further that in all other cases
the badge or token may be placed where space is available on the road traffic sign, preferably in a
corner, but the nearest edge of the badge or token shall not be more than 100 millimetres from the
edge of the road traffic sign.
(4) If a road sign or road signal is mounted over a portion of the roadway, the minimum clearance
between the underside of the sign or signal and the road surface shall be five comma two metres,
except for signs R204, W415 and W320.
(5) In the case where two road traffic signs are in conflict with one another—
(a) a temporary road traffic sign shall take precedence over any other sign;
(b) subject to paragraph (a), a control regulatory sign and a traffic signal shall have
precedence over any other sign; and
(c) a bus, midi-bus or minibus stop sign shall take precedence over a parking or stopping
sign including a no parking and no stopping sign.
(6) (a) A road traffic sign may be used in combination with another road traffic sign on the same
post to—
(i) selectively restrict the application of the road traffic sign by displaying a two part
message where the lower message modifies the significance of the upper
message;
(ii) improve the comprehensibility of the sign by means of a warning sign or
supplementary information plate; and
(iii) improve the conspicuity of the road traffic sign as contemplated in subregulation
(9).
(b) The combinations referred to in paragraph (a) shall not comprise of combinations of
permanent and temporary signs.
(c) A regulatory or warning sign may be used in combination with a guidance sign.
(7) Examples of sign combinations are shown in the Annexure to Schedule 1.
(8) A road traffic sign may be supplemented to improve the comprehensibility of such sign by—
(a) in the case of a regulatory sign or signal or warning sign, the addition below the sign of
an information or supplementary plate; and
(b) the inclusion of a regulatory or warning sign within a guidance sign.
(9) (a) The conspicuity of a road traffic sign may be improved by—
(i) displaying such sign on a high visibility background;
(ii) displaying such sign in combination with one or more yellow flashing signals; or
(iii) internal or external illumination.
(b) The colours of a high visibility background shall be—
(i) for a permanent sign, white retro-reflective for the background and red retro-
reflective for the border; or
(ii) for a temporary sign, yellow retro-reflective for the background and black semi-

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 matt for the border.
(10) When a continuous longitudinal road marking is used in combination with road studs, small
breaks in the continuity of the road marking may occur to accommodate such road studs.

Reg 287A. Manner of display of traffic signal

(1) (a) A traffic signal shall—
(i) comprise of light signals arranged vertically so that the topmost signal is red, the
central signal is yellow and the lower signal is green: Provided that—
(aa) the topmost signal may include more than one red light signal arranged
horizontally;
(bb) the central light signal may include more than one yellow light signal
arranged horizontally;
(cc) the lower light signal may include more than one green light signal arranged
vertically or horizontally;
(dd) a special supplementary traffic signal S10L and S10R may be used with
only a yellow and a green arrow;
(ee) a pedestrian traffic signal S11 shall comprise two light signals arranged
vertically and the upper light signal shall be red and the lower light signal
shall be green;
(ff) a special traffic signal S12 may comprise of two light signals arranged
vertically and the upper light signal shall be red and the lower light signal
shall be green; and
(gg) a pedal cyclist traffic signal S12 shall comprise two light signals arranged
vertically and the upper light signal shall be red and the lower light signal
shall be green;
(ii) have a basic sequence which shall be red, green, yellow and red and the cycle
time shall be such as may be required by the movement of traffic; and
(iii) be so designed that the traffic signal head prevents, as far as possible, any traffic
signal from being seen from a direction to which its light signals do not apply.
(b) At a signalised junction, signalised slipway or a signalised pedestrian or pedal cyclist
crossing, the following traffic signal faces shall be provided for the control of vehicular
traffic for each direction from which vehicular traffic may approach the junction, slipway
or crossing:
(i) at least two traffic signal faces that contain red light signals shall be provided on
the far side of the stop line RTM1 at locations –
(aa) that are not on the near side of a junction or slipway;
(bb) that are not less than six metres from the stop line RTM1;
(cc) such that the two traffic signal faces shall not be less than three metres and
not more than 20 metres apart: Provided that where it is unavoidable that
the traffic signals are more than 20 metres apart, additional principal traffic
signals shall be provided in such a manner that no traffic signals are more
than 20 metres apart; and
(dd) at a signalised junction, but not a pedestrian or pedal cyclist crossing, where
a straight-through movement is permitted from an approach to the junction,
and where the roadway continues straight through the junction, a traffic
signal face for the control of straight-through movements shall be provided,

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 subject to the requirements of subparagraphs (aa) to (cc), on either side of
the roadway on the far side of the junction: Provided that when the
roadway is divided at the junction by a constructed median island of
adequate width to accommodate a signal, the right-hand traffic signal face
shall be situated on the median island.
(ii) At a signalised junction or slipway, but not a pedestrian or pedal cyclist crossing,
at least one traffic signal face containing a red light signal shall be provided on the
near side of the junction or slipway, on the left- or right-hand side of the roadway
at a position not further than three metres from the prolongation of the stop line
RTM1.
(iii) When a separate left- or right-turn signal is required, at least two traffic signal faces
that incorporate a flashing green arrow light signal, flashing green bus light signal
or a flashing green tram light signal, shall be provided, one on the far side of the
stop line RTM1 subject to subparagraphs (i) (aa) and (bb), and the other on the far
or near side;
(iv) A traffic signal which could, prior to the commencement of this subregulation, validly
be displayed in terms of the Act, may, notwithstanding the provision of this
regulation be displayed on a public road until 31 December 2010.
(c) Additional traffic signal faces may be provided at the junction or crossing at any suitable
location, even if the minimum requirements of paragraph (b) have been met.
(d) A slipway for traffic turning left or right at a junction which is traffic signal controlled, shall
be separated from the lane to the right or left of such slipway by a constructed island.
(e) When a separate right hand turn light signal is required, at least two traffic signals that
incorporate a green arrow light signal shall be provided on two separate supports subject
to the requirement of paragraph (d) and at least one of such traffic signals shall be a S8
traffic signal.
(f) A background screen shall be provided for each vehicular signal face, and such
background screen shall comply with standard specifications SABS 1459-1988 “Traffic
lights”: Provided that traffic signals that could, prior to the commencement of this
regulation, be displayed without a background screen may, notwithstanding the provision
of this regulation be displayed on a public road until 31 December 2010.
(g) A background screen may be provided for pedestrian and pedal cyclist signal faces and
such screens shall comply with standard specifications SABS 1459-1988 “Traffic lights”.
(h) Where it is necessary to increase the conspicuity of a traffic signal, the border of the
background screen provided for a signal face may be retro-reflective.
(i) A Traffic Signal Arrow Sign (ST1 to ST5) may be displayed vertically above a traffic signal
face to indicate that any light signal installed in the signal face only applies to the direction
of movement indicated by the arrow sign.
(2) The traffic control at a junction or pedestrian or pedal cyclist crossing may include the use of
road signs, road markings and road signals and the control precedence shall be as follows:
(a) A road sign which prohibits or prescribes directional movement of traffic at a junction or
pedestrian or pedal cyclist crossing which is controlled by a traffic signal, shall have
precedence over any light signal which permits right of way.
(b) A light signal that permits right of way shall have precedence over the stop line RTM1.
(c) A light signal that has the significance that traffic shall stop, has precedence over any
other road traffic sign or another light signal that permits right of way, except when such
other light signal has a higher precedence level. The precedence levels for light signals
are as follows, given from the highest to lowest precedence level:
(i) steady or flashing pedestrian and pedal cyclist light signals;

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 (ii) steady or flashing bus or tram light signals;
(iii) steady or flashing arrow signals, or steady disc signals with traffic signal arrow
signs ST1 to ST5; and
(iv) steady disc light signals.
(3) No road sign except –
(a) a street name sign;
(b) a direction route marker sign;
(c) information signs IN14 and IN15 and pedestrian and pedal cyclist signs relating
to the function of the traffic signal
(d) a one-way roadway sign;
(e) a no-entry sign;
(f) a left-turn prohibited, right-turn prohibited or a U-turn prohibited sign;
(g) a proceed straight through only, proceed left only, or proceed right only sign;
(h) a pedestrian prohibited sign R218; or
(i) a traffic signal arrow sign ST1 to ST5;
shall be used in conjunction with a traffic signal, and such signs may be mounted
on the same post or overhead cantilever or gantry as that of the traffic signal.
(4) When no light signal is illuminated on an approach to a signalised junction, the driver of a
vehicle shall act as for a 3-way stop sign R1.3 or a 4-way stop sign R1.4.
(5) A traffic signal may be placed in a mode of operation indicating that it is out of order, and this
mode of operation shall be that either all the light signals shall not be illuminated, or that all vehicular
red light signals shall be flashing and pedestrian and pedal cyclist light signals shall be switched off.
(6) A flashing red left arrow light signal shall not be used in conjunction with a green man light
signal at a junction, provided that the flashing red left arrow light signal shall not be displayed after
31 December 2010.
(7) Every flashing light signal shall operate at a cycle frequency of between one and two flashes
per second.
(8) (a) A flashing red signal shall comprise a red disc light signal.
(b) When red flashing signals are used at a railway crossing two light signals shall—
(i) be mounted below stop sign R1 and above railway line hazard marker W403 or
W404, as applicable;
(ii) be illuminated in an alternating flashing mode only when a train is approaching;
and
(iii) be situated on the near side of the railway crossing, on the left side of each
approach roadway.
(9) Overhead lane direction control signals shall—
(a) comprise light signals, S16, S17, S18 and S19 mounted side by side with S16 on the
right of S17 and S18 or S19 in advance of S16 and S17 as viewed by a driver, above
each lane subjected to reversed flow traffic movement and for both directions of
movement: Provided that, if the light signal is a matrix of light sources signals 16 and 17
may comprise one unit for each lane and for both directions of movement in that lane;
(b) conform to the requirements of SABS 1459 “Traffic Lights”;
(c) be so mounted that the centre of the light signals is not more than six comma two metres
above the roadway and the lower edge not less than five comma two metres above the

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 roadway; and
(d) not be displayed over a lane to indicate the permitted direction of traffic movement except
when such lane is subject to reversed flow in the direction of traffic movement.
(10) A flag shall be 600 millimetres by 600 millimetres and shall be red or orange.
(11) (a) A responsible registered professional engineer or registered professional technologist
(engineering) of the road authority concerned shall approve every traffic signal
installation at a signalised junction or pedestrian or pedal cyclist crossing, and sign a
declaration containing the following:
(i) scaled drawing of the layout of the junction or crossing, indicating lane markings
and road layout;
(ii) number, type and location of traffic signal faces;
(iii) number, type and location of pedestrian and pedal cyclist facilities, including
pedestrian push buttons;
(iv) phasing, time plans and offset settings;
(v) date of implementation; and
(vi) name, signature and registration number of the engineer or technologist
(engineering) who approved the signal, and date of signature.
(b) The declaration shall be kept by the road authority in control of the traffic signal
concerned.
(12) A slip lane for traffic turning left at an intersection which is traffic signal controlled, shall be
separated from the lane to the right of such slip lane by a constructed island.

Reg 288. Signs regulating parking, stopping and hawkers

(1) A regulatory sign relating to the parking of a vehicle and the prohibition of hawkers shall be
displayed at each end and on that side of a portion of the public road where the significance of such
sign is applicable: Provided that—
(a) no junction shall be included in any such section of public road;
(b) any other regulatory road traffic sign may be displayed within any such section of public
road in which event such regulatory road traffic sign shall prevail over any sign relating
to the parking of a vehicle;
(c) in respect of any section of a public road which lies between the nearest intersecting
public roads and which does not exceed 75 metres in length, parking or hawking may be
prohibited or restricted in such section by displaying only one appropriate sign; and
(d) where the significance of such sign is to apply to any portion of a public road other than
the side of such public road—
(i) such sign may be displayed on that portion of such public road to which its
significance is to apply or on any traffic island or other raised area surrounded by
the roadway of such public road, adjacent to such portion;
(ii) in the case of a parking prohibited sign, its significance shall apply to any parking
bay demarcated at a distance of not more than 500 millimetres from such sign and
if that bay is one of several demarcated parking bays adjoining one another, to all
such adjoining parking bays within a distance of 75 metres from such sign and for
the purposes of this paragraph parking bays demarcated within two and a half
metres of each other shall be deemed to be adjoining parking bays.
(2) A regulatory sign prohibiting or restricting the stopping of a vehicle, shall be displayed at each
end and on that side of the section of a public road where the significance thereof is to be applicable:

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Provided that—
(a) no junction shall be included in any such section of public road;
(b) in respect of any section of public road which lies between the nearest intersecting public
roads and which does not exceed 75 metres in length, stopping may be prohibited or
restricted in such section by displaying only one appropriate sign.
(3) A regulatory sign relating to the parking, stopping of a vehicle or the prohibition of hawkers,
shall, unless it is displayed with the face parallel to the lateral line of the public road, display a similar
sign on the reverse side.

Reg 289. Authority to enter premises contrary to regulatory sign

Where a regulatory sign applies which reserves a public road or portion of a public road for a specific
category of vehicle, the driver of a vehicle, other than the driver of a vehicle of the class referred to
by such sign, may only cross such public road, or the portion of such public road, if—
(a) he or she cannot otherwise enter or leave any premises adjacent to such road or portion
of public road; and
(b) it is safe to do so.

Reg 290. Prohibition of advertising on public roads

(1) No person shall display or allow to be displayed any advertising material on or attached to a
road traffic sign, except -
(a) that a single advertisement may be displayed on each side of a street name sign GL1
or a suburb name sign GL2 in combination with such signs;
(b) where the manufacturer of such sign displays his or her name at the back of that sign;
or
(c) in the circumstances referred to in section 57(6) of the Act: Provided that it shall
be displayed substantially in conformity with the Southern African Development
Community Road Traffic Signs Manual.
(2) No person shall use or portray a road traffic sign in an advertisement where such
advertisement is visible for a road user while travelling on a public road.
(3) No person may-
(a) operate on a public road a motor vehicle on which it appears or is displayed any
electronic device or lights emitting advertisement; or
(b) display on a stationary motor vehicle any electronic device or lights emitting
advertisement visible from a public road or land adjacent to such public road, or cause it
to be so displayed:
Provided that the provision of subregulation (3) shall not apply to lamp illuminating
notice, or identification lamps as referred to in regulation 173 (1), (2),176 (1) and taxi tops
bearing an advertisement or information on top of metered taxis operating in terms of
an operating licence issued in accordance with the provisions of the NLTTA.
(4) No person shall display or cause to be displayed any directional sign displaying or depicting
the sale of liquor products visible on a public road, or permit it to be so displayed.

Reg 291. Transitional provision

(1) A road traffic sign which could, prior to the commencement of this Part, validly be displayed in
terms of the Act, may, notwithstanding the provisions of this Part be displayed on a public road until

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31 December 2000.
(2) A road traffic sign contemplated in subregulation (1) has the same meaning assigned to a
corresponding road traffic sign in Schedule 1: Provided that a stop sign R1 which could have been
displayed prior to the commencement of this Part shall, when it is displayed as a 3-way or 4-way
stop sign, have the same significance as stop signs R1.3 and R1.4 respectively as in Schedule 1

➢ Specific signs – Schedule 1 to the Regulations – Not included

Speed limits

Sec 59. Speed limit

(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 a decision has been taken in the Shareholders Committee,
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.

Sec 60. Certain drivers may exceed general speed limit

Notwithstanding the provisions of section 59, the driver of a fire-fighting vehicle, a fire-
fighting response vehicle, a rescue vehicle, an 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. 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, 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

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 (b) in the case of any such fire-fighting vehicle, fire-fighting response vehicle, rescue
vehicle, emergency medical response vehicle, ambulance or any vehicle driven by
a person issued with the necessary authorisation, 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.

Reg 292. General speed limits

A general speed limit of—
(a) 60 kilometres per hour shall apply in respect of every public road or section thereof,
situated within an urban area;
(b) 100 kilometres per hour shall apply in respect of every public road or section thereof,
other than a freeway, situated outside an urban area; and
(c) 120 kilometres per hour shall apply in respect of every freeway.

Reg 292A. Prohibition on speed detectors, jammers and similar devices

(1) No person may operate on a public road a motor vehicle in which is fitted or affixed to such
motor vehicle any device that interferes or detect the use of a speed monitoring or measuring device;
(2) No person may have in his or her possession whilst travelling in a motor vehicle a device that
interferes or detects the use of a speed monitoring or measuring device.
► Comment: You can be prosecuted for exceeding the speed limit even if there is no speed limit sign
displayed.

Reg 293. Speed limit for particular class of vehicle

(1) In terms of section 59 (3) of the Act, a speed limit of—
(a) 80 kilometres per hour shall, subject to the proviso to the said section, apply in respect
to—
(i) a goods vehicle the gross vehicle mass of which exceeds 9 000 kilograms;
(ii) a combination of motor vehicles consisting of a goods vehicle, being the drawing
vehicle, and one or two trailers of which the sum of the gross vehicle mass of the
goods vehicle and of the trailer or trailers exceeds 9 000 kilograms;
(iii) an articulated motor vehicle, of which the gross combination mass of the truck-
tractor exceeds 9 000 kilograms; or
(iv) any breakdown vehicle that is towing another vehicle;
(b) 100 kilometres per hour shall, subject to the proviso to the said section, apply in respect
of-
(i) a bus;
(ii) a minibus or a midibus operating in terms of an operating licence;
(iii) a rapid transport bus and a rapid transport bus-train; and
(iv) (aa) a goods vehicle the gross vehicle mass of which exceeds 3 500 kilograms
but does not exceed 9 000 kilograms; or
(bb) a combination of motor vehicles consisting of a goods vehicle, being the
drawing vehicle, and one or two trailers of which the sum of the gross
vehicle mass of the goods vehicle and of the trailer or trailers exceeds 3 500
kilograms but does not exceed 9 000 kilograms.

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(2) (a) There shall be displayed on the rear of a goods vehicle contemplated in subregulation
(1)(a), a sign denoting that such goods vehicle is subject to a speed limit of 80 kilometres
per hour, and such sign shall comply with the requirements of SANS 1329 “Retro-
reflective and Fluorescent Warning Signs for Road Vehicles”, Part 3: Signs other than
triangles, chevron signs and abnormal load vehicle signs, with respect to the colours
displayed on such sign.
(b) There shall be displayed on the rear of a motor vehicle referred to in subregulation (1)(b)
a sign denoting that such vehicle is subject to a speed limit of 100 kilometres per hour,
and such sign shall comply with the requirements of the standard specification referred
to in paragraph (a) with respect to the colours displayed on such sign.
(3) Notwithstanding any provision in these regulations, for the purposes of this regulation, the term
goods vehicle shall not include a haulage tractor.

Reg 294. Speed limit in relation to tyres

Notwithstanding the provisions of regulations 292 and 293, no person shall operate on a public road
a motor vehicle which is fitted with pneumatic tyres, at a speed in excess of the speed referred to in
the standard specification SABS 1550 “Motor Vehicle Tyres and Rims: Dimensions and Loads” , Part
1: “General”, Part 2: “Passenger car tyres”, Part 3: “Commercial vehicle tyres”, or as approved by
the manufacturer of the tyre concerned.

Reg 295. Speed limit in relation to braking capability

(1) No person shall operate on a public road a tractor, haulage tractor or trailer referred to in
regulation 154(2) at a speed in excess of 40 kilometres per hour.
(2) A motor vehicle referred to in subregulation (1) may be fitted with a sign denoting that such
vehicle is subject to a speed restriction of 40 kilometres per hour, which sign shall comply with the
requirements of standard specification SANS 1329 “Retro-reflective and Fluorescent Warning Signs
for Road Vehicles”, Part 3: “Signs other than triangles, chevron signs and abnormal load vehicle
signs” with respect to the colours and size displayed on such sign.

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 CHAPTER X
ACCIDENTS AND ACCIDENT REPORTS
This part deals with the duties of a driver after he has been involved in an accident.
Offences under this chapter and the next carry the highest fines or imprisonment sentences (R360 000
or 9 years). (In terms of the Adjustment of Fines Act, 1991 R40 000 = 1 year imprisonment)

Sec 61. Duty of driver in event of accident

(1) The driver of a vehicle at the time when such vehicle is involved in or contributes to
any accident in which any person is killed or injured or suffers damage in respect of
any property, including a vehicle, or animal shall—
(a) immediately stop the vehicle and report the accident on the prescribed form
and in the prescribed manner, the officer concerned shall deal with the report
in the prescribed manner and the chief executive officer must ensure that the
accident is recorded in the register of accidents in the prescribed manner and
within the prescribed period;
(b) ascertain the nature and extent of any injury sustained by any person;
(c) if a person is injured, render such assistance to the injured person as he or
she may be capable of rendering;
(d) ascertain the nature and extent of any damage sustained;
(e) if required to do so by any person having reasonable grounds for so requiring,
give his or her name and address, the name and address of the owner of the
vehicle driven by him or her and, in the case of a motor vehicle, the licence
number thereof;
(f) if he or she has not already reported the accident to a police or traffic officer at
the scene of the accident, and unless he or she is incapable of doing so by
reason of injuries sustained by him or her in the accident, as soon as is
reasonably practicable, and in the case where a person is killed or injured,
within 24 hours after the occurrence of such accident, or in any other case on
the first working day 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
paragraph (e); and
(g) not, except on the instructions of or when administered by a medical
practitioner in the case of injury or shock, take any intoxicating liquor or drug
having a narcotic effect unless he or she has complied with the provisions of
paragraph (f), where it is his or her duty to do so, and has been examined by
a medical practitioner if such examination is required by a traffic officer.
(2) No person shall remove any vehicle involved in an accident in which another
person is killed or injured from the position in which it came to rest, until such
removal has been authorised by a traffic officer, except when such accident
causes complete obstruction of the roadway of a public road, in which event the
vehicle involved may, without such authority and after its position has been clearly
marked on the surface of the roadway by the person moving it, be moved
sufficiently to allow the passage of traffic.
(3) Subject to subsection (2), no person shall remove a vehicle involved in an
accident from the scene of such accident, except for the purpose of sufficiently
allowing the passage of traffic, without the permission of the owner, driver or
operator of such vehicle or a person who may lawfully take possession of such
vehicle.

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 (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.

Sec 62. Garage to keep record of motor vehicle involved in accident

(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.

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 CHAPTER XI
RECKLESS OR NEGLIGENT DRIVING, INCONSIDERABLE DRIVING,
DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR A
DRUG HAVING A NARCOTIC EFFECT AND MISCELLANEOUS OFFENCES
Sec 63. Reckless or negligent driving
(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 wilful 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.

Sec 64. Inconsiderate driving

No person shall drive a vehicle on a public road without reasonable consideration for any
other person using the road.

Sec 65. Driving while under the influence of intoxicating liquor or drug having narcotic
effect, or with excessive amount of alcohol in blood or breath
(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 millimetres, 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,

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 were free from any substance or contamination which could have affected the
result of such analysis.
(5) No person shall on a public road—
(a) drive a vehicle; or
(b) occupy the driver’s seat of a motor vehicle the engine of which is running,
while the concentration of alcohol in any specimen of breath exhaled by such
person is not less than 0,24 milligrams per 1 000 millilitres, or in the case of a
professional driver referred to in section 32, not less than 0,10 milligrams per
1 000 millilitres.
(6) If, in any prosecution for a contravention of a provision of subsection (5), it is
proved that the concentration of alcohol in any specimen of breath of the person
concerned was not less than 0,24 milligrams per 1 000 millilitres of breath taken
at any time within two hours after the alleged contravention, it shall be presumed,
in the absence of evidence to the contrary, that such concentration was not less
than 0,24 milligrams per 1 000 millilitres at the time of the alleged contravention,
or in the case of a professional driver referred to in section 32, not less than
0,10 milligrams per 1 000 millilitres, it shall be presumed, in the absence of
evidence to the contrary, that such concentration was not less than
0,10 milligrams per 1 000 millilitres at the time of the alleged contravention.
(7) For the purposes of subsection (5) the concentration of alcohol in any breath
specimen shall be ascertained by using the prescribed equipment.
(8) Any person detained for an alleged contravention of any provision of this section
shall not—
(a) during his or her detention consume any substance that contains alcohol
of any nature, except on the instruction of or when administered by a
medical practitioner;
(b) during his or her detention smoke until the specimen referred to in
subsection (3) or (6) has been taken, as the case may be.
(9) No person shall refuse that a specimen of blood, or a specimen of breath, be
taken of him or her.
► Comment: The limits for the concentration of alcohol in your blood or breath have been lowered.

Reg 332. Equipment used in ascertaining concentration of alcohol in breath as

contemplated in section 65(7) of the Act

(1) The equipment used to ascertain the concentration of alcohol in breath as contemplated in
section 65 (7) of the Act shall comply with SANS 1793: “Evidential breath analysers”.
(2) In any prosecution for an offence under section 65(5) of the Act a certified copy of a type
approval certificate issued in terms of SANS 1793: “Evidential breath analyzers”, issued by a person,
authority or a body appointed by the Minister by Notice in the Gazette, for the measuring instruments
shall, by mere production thereof, be prima facie evidence that the equipment complies with the
provisions of sub-regulation (3).
(3) For the purposes of this regulation type-approved and type-approval means that a prototype
of a specific make and model of equipment has been certified as complying with SANS 1793:
“Evidential breath analyzers”.

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 APPOINTMENT OF THE NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS IN
TERMS OF REGULATION 332 OF THE NATIONAL ROAD TRAFFIC REGULATIONS, 2000 UNDER
THE NATIONAL ROAD TRAFFIC ACT, 1996, (ACT 93 OF 1996)
[Published in Government Gazette 37049, No. R. 891 of 19 November 2013]
I, Dipuo Peters, Minister of Transport, acting in terms of regulation 332 of the National Road Traffic Regulations,
2000, under the National Road Traffic Act, 1996 (Act No. 93 of 1996), do hereby appoint the National Regulator for
Compulsory Specifications as a body to issue certified copies of type approval certificates in terms of SANS 1793:
“Evidential breath analyzers”.
(Signed)
Ms. Dipuo Peters, MP
Minister of Transport

Reg 332A. Presumption regarding calibration or verification certificate for equipment used
for road traffic law enforcement purposes

Where in any prosecution for an alleged offence in terms of this Act, it is necessary to prove that any
equipment used for road traffic law enforcement purposes, was calibrated or verified to establish the
accuracy and traceability, of such equipment, a certified copy of a certificate issued by a laboratory
that is accredited for such calibration or verification, by the South African National Accreditation
System (SANAS), shall by mere production thereof, be prima facie evidence as to such calibration
or verification.

Sec 66. Unauthorised acts in relation to vehicle

(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.

Sec 67. Furnishing false information prohibited

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.

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Sec 68. Unlawful acts in relation to number plates, registration number, registration mark
or certain documents
(1) No person shall use, display or manufacture any number 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 licence number or a licence 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;
(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; or
(c) 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.
(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 licence number or a licence
mark or a similar number or mark or a document which has been falsified or
counterfeited or replaced, altered, defaced or mutilated or to which anything has
been added, it shall, in the absence of evidence to the contrary, be presumed that
such person knew that—
(a) such number, mark or document was—
(i) falsified or counterfeited; or
(ii) replaced, altered, defaced or mutilated with intent to deceive; or
(b) whatever was added to such number, mark or document was added
thereto with intent to deceive.
(6) No person shall—
(a) with intent to deceive, falsify, replace, alter, deface, mutilate, add anything
to or remove anything from or in any other way tamper with the engine or
chassis number of a motor vehicle; or
(b) without lawful cause be in possession of a motor vehicle of which the
engine or chassis number has been falsified, replaced, altered, defaced,
mutilated, or to which anything has been added, or from which anything
has been removed, or has been tampered with in any other way.
(7) Where in a prosecution for a contravention of any provision of subsection (6) it is
proved that a person was found in possession of a motor vehicle, the engine or
chassis number of which has been falsified, replaced, altered, defaced, mutilated,
or to which anything has been added or removed or has in any way been
tampered with, it shall, in the absence of evidence to the contrary, be presumed

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 that such person knew that any such act has been committed in respect of such
a number with intent to deceive.

At the end of this chapter:

You should understand the different offences and be able to answer questions on the content of the
offences.

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 CHAPTER XII
PRESUMPTIONS AND LEGAL PROCEDURE
LEARNING OBJECTIVES:

Students must understand the significance of a presumption and how it is used for prosecution
purposes. A presumption is a legal tool that helps the State prove its case. If the State relies on a
presumption, it is accepted as the truth until the contrary is proved. We have various presumptions
that have been tested by the Constitutional Court and are still effective.

Sec 69. Presumptions regarding public road, freeway and public road in urban area
(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.

Sec 70. Presumption regarding mass ascertained by means of mass-measuring bridge or

other mass-measuring instrument
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.

Sec 71. Presumption regarding gross vehicle mass of motor vehicle

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.

Sec 72. Proof of gross vehicle mass of motor vehicle

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.

Sec 73. Presumption that owner drove or parked vehicle

(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.

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 (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.

Sec 74. Presumption regarding officers

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.

Sec 74A. Act or omission of manager, agent or employee of consignor and consignee
(1) Whenever any manager, agent or employee of a consignor or consignee, as the case
may be, does or fails to do anything which, if the consignor or consignee had done or
failed to do it, would have constituted an offence in terms of this Act, the consignor or
consignee, as the case may be, shall be regarded to have committed the act or
omission personally in the absence of evidence indicating—
(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 such act or omission;
and
(c) 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.
(2) 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.
Sec 74B. Proof of certain facts
(1) In any prosecution under this Act, a goods declaration or any other document relating
to the load of a vehicle and confiscated from such vehicle shall be proof of the matters
stated in such document unless credible evidence to the contrary is adduced.
(2) A copy of or extract from any document referred to in subsection (1), and certified 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.

Reg 330A. Offering and acceptance of goods on overloaded vehicle prohibited

(1) A consignor or consignee of goods shall not offer goods or accept goods if the vehicle in which
it is transported is not loaded in terms of the provisions for the loading and transportation of goods
as prescribed in this Act.
(2) A consignor shall require from the operator of the vehicle in which the goods he or she offers
for transport and in which the goods will be transported, a written submission as to the payload of
such vehicle and the distribution of such load on a vehicle.
(3) If a consignor is responsible for the loading of a vehicle of an operator, he or she shall take
such steps as are necessary to ensure that the vehicle is loaded as contemplated in subregulation

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(1) and (2).
(4) A consignor or consignee shall not conclude a contract with the operator to transport goods on
a vehicle, if the vehicle is overloaded when such load is transported on such vehicle.

Reg 330B. Consignor to have a method of determining mass

(1) A consignor shall use a method of establishing the mass of a vehicle and any axle or axle unit
of such vehicle that is accurate as to ensure that such vehicle axle or axles are not overloaded in
terms of Part IV of Chapter VI.
(2) A consignor shall keep a record of the mass of every load transported from his or her premises
as contemplated in subregulation (1).
(3) The record as contemplated in subregulation (2) shall be put at the disposal of any traffic officer
or person appointed as contemplated in section 50 or authorised as contemplated in section 82 of
the Act.

Reg 330C. Goods declaration to be carried on a motor vehicle

A person operating on a public road a motor vehicle which carries goods shall be in possession of a
declaration containing the following information:

(a) the licence number of each vehicle in the combination of vehicles;

(b) the nature and quantity of goods transported;
(c) the contact particulars of the operator or in the case of a combination of vehicles, of every
operator in the combination of vehicles;
(d) the particulars of the consignor and consignee of the load or in the case of loads collected
at and delivered to more than one consignor and consignee, the particulars of every
consignor or consignee;
(e) the name, residential and postal address of every natural person or in the case of a
juristic person, the responsible director or member, an agent, consignor, consignee or
operator listed in the declaration;
(f) the consignor and operator shall conclude a written agreement for the transportation of
goods stating–
(i) the nature of the agreement;
(ii) the loading instructions; and
(iii) the responsibilities of the parties.
(g) schedule of insurance as contemplated in regulation 330D.

Reg 330D. Consignor or Consignee to insure goods to be carried on a motor vehicle and the
motor vehicle

A consignor or consignee of goods shall not transport goods on a public road or accept goods unless
such transportation is fully insured for damages that can occur as a result of an incident.

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 CHAPTER XIII
REGULATIONS

LEARNING OBJECTIVES:

This section allows the Minister to make regulations on various aspects of road traffic.

The power to make regulations includes the following powers:

❑ road safety
❑ overloading
❑ brakes
❑ lamps
❑ direction indicators
❑ equipment on vehicles
❑ chevrons
❑ warning triangles
❑ registration and licensing of vehicles
❑ all general aspects regarding road traffic.

All the legislation pertaining to the above topics is included in the regulations.

Parliament makes the decision to allow the Minister to make regulations on the topics. The details not
covered in the Act are covered by regulations.

POWER OF MINISTER TO MAKE REGULATIONS

(Section 75)
[Government Gazette 30365, Notice nr: 942, published 10 October 2007]

THEORY TEST FOR LEARNER’S LICENCE

Jeffrey Thamanqa Radebe, Minister of Transport, acting in terms of section 75 of the National Road
Traffic Act, 1996 (Act No. 93 of 1996) incorporated into the National al Road Traffic Act, 1996 (Act
No. 93 of 1996) the “Theory Test for Learner’s Licence, with which an Examiner for Driving Licences
shall test an applicant for a Learner’s Licence.

POWER OF MINISTER TO MAKE REGULATIONS

(Section 75)

[Government Gazette 30365, Notice nr: 943, published 10 October 2007]

EXEMPTION TO USE SHOULDER LANE TO BE REFERRED AS DEDICATED PUBLIC

TRANSPORT OR HIGH OCCUPANCY VEHICLES LANES
Jeffrey Thamanqa Radebe, Minister of Transport, acting in terms of section 75 of the National Road
Traffic Act, 1996 (Act No. 93 of 1996) granted exemption for a period of a week beginning on 15
October 2007 and ending on 19 October 2007, excluding weekends, in which the shoulder lane
referred to as emergency lane, on the N14 (Ben Schoeman) ending at the Brakfontein interchange;
on N1 after the Brakfontein interchange ending at the Buccleugh interchange; and on the M1 after
the Buccleugh interchange ending at the St Andrews exit road, shall be deemed to be “DEDICATED
PUBLIC TRANSPORT VEHICLES and HIGH OCCUPANCY VEHICLES LANE.

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 POWER OF MINISTER TO MAKE REGULATIONS
(Section 75)

[Government Gazette 30365, Notice nr: 953, published 10 October 2007]

EXEMPTION TO USE SHOULDER LANE TO BE REFERRED AS DEDICATED PUBLIC

TRANSPORT OR HIGH OCCUPANCY VEHICLES LANES
Jeffrey Thamanqa Radebe, Minister of Transport, acting in terms of section 75 of the National Road
Traffic Act, 1996 (Act No. 93 of 1996) granted exemption for a period of a week beginning on 15
October 2007 and ending on 19 October 2007, excluding weekends, in which the shoulder lane
referred to as emergency lane, on the M1 after the St Andrews road on ramp; on the N1 after the
Buccleugh interchange ending at the Brakfontein interchange; on the N14 (Ben Schoeman) after the
Brakfontein interchange, shall be deemed to be “DEDICATED PUBLIC TRANSPORT VEHICLES
and HIGH OCCUPANCY VEHICLES LANE.

DELEGATION OF THE POWERS TO THE MEMBER OF THE EXECUTIVE COUNCIL

RESPONSIBLE FOR TRANSPORT, COMMUNITY SAFETY AND LIAISON IN THE PROVINCE OF
KWAZULU NATAL
(Section 75(1))
[Published in Government Gazette 34340, GNR.329 of 31 May 2011]

I, S'busiso Joel Ndebele, Minister of Transport, acting in terms of section 75(1) of the National Road
Traffic Act, 1996, (Act No. 93 of 1996) by virtue of the powers vested in me by section 82 of the National
Road Traffic Act, 1996, delegate to the Member of the Executive Council responsible for Transport,
Community Safety and Liaison in the Province of KwaZulu Natal the powers to conduct investigation on
the issuance of all the Roadworthy Certificates issued in another Province in respect of motor vehicle
registered and licensed in the Province of KwaZulu Natal.

Sec 75. Power of Minister to make regulations

(1) The Minister may after a decision has been taken in the Shareholders Committee
make regulations not inconsistent with this Act, in respect of any matter
contemplated, required or permitted to be prescribed in terms of this Act and
generally regarding the operation of any vehicle on a public road, the construction
and equipment of such vehicle and the conditions on which it may be operated,
and in any other respect for the better carrying out of the provisions or the
achievement of the objects of this Act, and in particular, but without derogating
from the generality of this subsection, regarding—
(a) the safety of traffic on a public road, including the restriction of the use of
any such road or part thereof by such traffic and the duties of the users of
any such road;
(b) the identification of vehicles or parts of vehicles and, in relation to a motor
vehicle, the size and shape of the 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;
(c) the width, height and length of any vehicle, and the diameter of the wheels
and the width, nature and condition of the tyres when operated on a public
road;
(d) the maximum mass, laden or unladen, of any vehicle, the height and width
of any load which may be carried by any vehicle, the manner in which any

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 vehicle may be loaded, the extent to which any load may project in any
direction and the maximum mass of any vehicle or any part thereof
supported by the road or any specified area thereof, when any such
vehicle is operated on a public road;

Section 75(1)(d)

[Government Gazette No: 34621, Notice number 776, dated 20 September 2011

EXEMPTION OF MOTOR VEHICLES THAT DOES NOT COMPLY WITH THE

HEIGHT RESTRICTION IN TERMS OF THE
NATIONAL ROAD TRAFFIC ACT, 1996.

I, S'busiso Joel Ndebele, Minister of Transport, acting in terms of section 75(1)(d) of the National Road Traffic Act, 1996,
exempt the operation of motors vehicles transporting an ISO Container from complying with the provision of regulation
224(b) of the National Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act No. 93 of 1996) for
the period of 7 (seven) years effective from the date of publication of this Notice until 1 January 2019.
(Signed)
S'busiso Joel Ndebele
MINISTER OF TRANSPORT

(e) the emission of exhaust gas, smoke, fuel, oil, visible vapours, sparks, ash
or grit from any vehicle operated on a public road;
(f) excessive noise owing to the design or condition of any vehicle or the
loading thereof, or to the design, condition or misuse of a silencer, or of a
hooter, bell or other warning device, when any such vehicle is operated
on a public road;
(g) the particulars to be marked on any vehicle;
(h) dangerous goods—
(i) the classification of dangerous goods;
(ii) the powers and duties of traffic officers in respect of the
transportation of dangerous goods;
(iii) the manner in and conditions on which specified dan-gerous goods
may be transported;
(iv) the dangerous goods which may not be transported; and
(v) the training of persons performing any task in relation to the
transportation of dangerous goods on public roads;
(i) the towing, pushing or drawing of any vehicle by another vehicle on a
public road;
(j) the conditions on which any motor vehicle fitted with steering apparatus
on the left side may be imported into the Republic or operated on a public
road including the power to prohibit the operation of such vehicle on a
public road;
(k) the number, nature and kind of lamps, including retro-reflectors, to be
carried by any vehicle operated on a public road, the position in which they
shall be the manner, conditions and times of their use and the use of any
lamp or lighting device which may endanger public safety and, for the
purposes of this paragraph, “retro-reflector” means a reflector which bears
a certification mark as defined in section 1 of the Standards Act, 1993 (Act
No. 29 of 1993), or which bears any other prescribed identification mark;

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 (l) the number and nature of brakes and for ensuring that brakes, silencers
and steering apparatus shall be efficient and in proper working order, in
respect of any vehicle operated on a public road;
(m) the regulation of the operation and control of any vehicle on a public road,
its construction, equipment, width of tracks, dimensions, mass and use in
respect of either chassis and body or chassis, body and load and the
conditions on which it may be used;
(n) in relation to a vehicle operated on a public road, the devices to be fitted
for—
(i) signalling the approach thereof;
(ii) enabling the driver thereof to become aware of the approach of
another vehicle from the rear; and
(iii) indicating any intended movement thereof,
and the use of any such devices and for ensuring that they shall be
efficient and kept in proper working order;
(o) the protection of any public road, the mass, tyres and load of any vehicle
in relation to any specified bridge or ferry, the time when and speed at
which any vehicle of a specified mass may be allowed to cross any bridge
or ferry, and the furnishing of security by any person against damage to
any public road by reason of heavy traffic, and making good the cost of
repairing such damage;
(p) the stopping with and parking of vehicles on public roads;
(q) the rules of the road that shall apply to all public roads;
(r) an accident reporting system and the furnishing of accident reports and
statistics of any nature; and
(s) the determination of the number of passengers for the transport of which
a certain class of motor vehicle is adapted and the number which may be
transported, the general safety, comfort and convenience of passengers
carried on or by such a motor vehicle and the conduct of the driver,
conductor and passengers on such a vehicle;
(t) the specifications for the examination of any vehicle;
(u) any light which may interfere with the proper view of any road traffic sign
or may be confused with any such sign;
(v) the method of determining any fact which is required for the purposes of
this Act;
(w) any form, process or token which the Minister may deem expedient for the
purposes of this Act and the nature and extent of any information to be
furnished for the purpose of any such form;
(x) the issue of any duplicate certificate, licence or other documentation or
token issued in terms of this Act if the original has been lost, destroyed or
defaced or any particulars thereon have become illegible;
(y) the carriage of persons as passengers on any vehicle which has been
constructed or designed solely or mainly for the carriage of goods and not
for the carriage of passengers and their effects;
(z) the additional duties for operators of specified classes of motor vehicles
or operators engaged in activities which require additional safety
measures for the protection of the public; and
(zA) any matter for which-

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 (i) it is necessary or convenient to assist the transition from the
operation of the laws repealed by this Act to the operation of this
Act; and
(ii) this Act does not, in the Minister’s opinion, make provision or
enough provision.

(zB) the regulation of any person who offers goods for transportation on a
public road or accepts goods after transportation, in relation to the mass
of such goods, the documentation relating to such goods, the agreements
that have to be concluded for such transportation, insurance in respect of
the transportation of such goods and any other matter relating to the
offering of goods for transportation or the acceptance of transported
goods;
(zC) the criteria in terms of which a person is classified as an habitual
overloader, the offences to which such classification applies, the criteria
for rehabilitation, if necessary and the sanctions for classification as an
habitual overloader;
(zD) the equipment to be used for law enforcement purposes, the certification
of such equipment and requirements in respect of records obtained from
the equipment;
(zE) measures to limit speed; and
(zF) those vehicles which shall be classified as an ‘emergency medical
response vehicle’.

(2) Regulations made by the Minister under subsection (1) regarding—

(a) specific categories—
(i) of road transport undertakings;
(ii) of industries or trades or occupations concerned with road
transport;
(iii) of persons by whom any undertaking or occupation referred to in
subparagraphs (i) and (ii) is carried on or exercised; or
(iv) of operators of vehicles concerned with, or new entrants to, any
undertaking or occupation referred to in subparagraph (iii);
(b) specific circumstances in which any undertaking or occupation referred to
in paragraph (a) (iii) is carried on or exercised; or
(c) specific areas in which any undertaking or occupation referred to in
paragraph (a) (iii) is carried on or exercised,
shall be so made by the Minister with due regard to the particular requirements of
the category, circumstance or area concerned.
(2A) (a) A regulation made under subsection (1) (zA) may be given retrospective
effect from a date earlier than the day this Act comes into force.
(b) To the extent to which a regulation under subsection (1) (zA) takes effect
from a date earlier than the date of its publication in the Gazette, the
regulation does not operate so as—
(i) to affect in a prejudicial manner the rights of any person existing
before that date of publication; or
(ii) to impose liabilities on any person in respect of anything done or
omitted to be done before that date of publication.

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 (c) This subsection and subsection (1) (zA) expire one year after they come
into force.
(2B) A regulation made under subsection (1) (zF) shall be so made after consultation
with the Minister of Health.
(3) (a) The power to make regulations for any purpose referred to in subsection
(1), shall include the power to restrict or prohibit any matter or thing in
relation to that purpose either absolutely or conditionally.
(b) Any regulation regarding driving licences contained in identity documents
shall be made in consultation with the Minister of Home Affairs.
(4) Any regulation may be made to apply generally throughout the Republic or within
any specified area thereof or to any specified class or category of vehicle or
person.
(5) A regulation may provide for penalties for a contravention thereof and for different
penalties in the case of successive or continuous contraventions, but no penalty
shall—
(a) in the case of a contravention of a regulation made under subsection
(1) (d), (l) or (n), exceed a fine or imprisonment for a period of six years;
or
(b) in the case of a contravention of any other regulation, exceed a fine or
imprisonment for a period of one year.

(6) Before the Minister makes any regulation, the Minister must cause a draft of the
proposed regulations—
(a) to be referred to Parliament for comment; and
(b) at the same time, to be published in the Gazette together with a notice
calling upon all interested persons to lodge in writing, and within a period
specified in the notice, but not less than four weeks as from the date of
publication of the notice, any objections or representations which they
would like to raise or make, with the Director-General for submission to
the Minister:
Provided that, if the Minister thereafter decides to alter the draft regulation as a
result of any objections or representations submitted thereafter, it shall not be
necessary to publish such alterations before making the regulations.

GENERAL PROVISIONS

► Comment: This chapter deals with general aspects which are not addressed elsewhere in the
legislation.

Sec 76. Incorporation of standards by reference

(1) The Minister may by notice in the Gazette incorporate in the regulations any standard without
stating the text thereof, by mere reference to the number, title and year of issue of that standard
or to any particulars by which that standard is sufficiently identified.
(2) Any standard incorporated in the regulations under subsection (1) shall for the purposes of this
Act, in so far as it is not inconsistent with it, be deemed to be a regulation.
(3) A notice under subsection (1) shall come into operation on a date specified in the notice, but
not before the expiry of 30 days after the date of publication of the notice.
(4) If any standard 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.

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(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).

SECTION 76
INCORPORATION OF STANDARDS SPECIFICATION INTO THE NATIONAL ROAD TRAFFIC
REGULATION
The Minister of Transport (Jeffrey Thamsanqa Radebe), acting in terms of section 76 of the National
Road Traffic Act, 1996 (Act No. 93 of 1996) re-incorporate SANS 1518-2003 into the National Road
Traffic Regulation, 2000. 01 July 2007 is determined as the date of incorporation.
[Government Gazette No: 29389, Notice number 1147, dated 15 November 2006]
The Minister of Transport (Jeffrey Thamsanqa Radebe), acting in terms of section 76 of the National
Road Traffic Act, 1996 (Act No. 93 of 1996) re-incorporate SANS 10231-2003 into the National Road
Traffic Regulation, 2000.
[Government Gazette No: 29390, Notice number 1148, dated 15 November 2006]
I, Sibusiso Joel Ndebele, Minister of Transport, acting in terms of section 76 of the National Road
Traffic Act, 1996 (Act No. 93 of 1996), hereby incorporate SANS 1518:2011 and SANS 10233:2011
into the National Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act
No.93 of 1996).
[Government Gazette No: 35106, Notice number 191, dated 5 March 2012]

Equipment on or in respect of vehicles

Reg 149. Brakes on motor vehicles
No person shall operate on a public road a motor vehicle, other than a motor cycle, motor tricycle or
trailer which is not equipped with a service brake, a parking brake and an emergency brake: Provided
that—
(a) the emergency brake and parking brake may be one and the same brake; and
(b) in the case of—
(i) a motor vehicle which is equipped with a service brake consisting of two braking
systems, such brake shall, when the systems brake the wheels independently, be
deemed to be an emergency brake;
(ii) a steam or electrically driven motor vehicle of which the engine or motor can be
reversed, the reversing mechanism may be used instead of an emergency brake;
and
(iii) a tractor or haulage tractor, the brakes may be so constructed that the service
brake may be used as a parking brake.

Reg 149A. Anti-theft device fitted to brakes prohibited

(1) No person shall operate on a public road a motor vehicle which, according to the registration
thereof, was registered for the first time on or after 1 July 1990, to which is fitted with an anti-theft
device which is connected to or in any way interferes with the braking system of such motor vehicle.
(2) The provisions of subregulation (1) will not apply to a motor vehicle which is fitted with an anti-
theft device which complies with the requirements of UN ECE Regulation 116 “The protection of
motor vehicles against unauthorised use” and which is homologated as such by the National
Regulator for Compulsory Specifications.

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Reg 150. Brakes on motor cycle or motor tricycle
No person shall operate on a public road a motor cycle or motor tricycle which is not equipped
with two independent braking systems, one of which shall act on the front wheel or wheels and
the other which shall act on the rear wheel or wheels and each such system shall have an
efficiency at least equivalent to that specified for an emergency brake and when the two systems
are applied simultaneously, the combined efficiency shall be at least equivalent to that specified
for a service brake.

Reg 151. Brakes on trailers

(1) Subject to the provisions of subregulation (4) no person shall operate on a public road a trailer,
if –
(a) the gross vehicle mass of such trailer does not exceed 750 kilograms and the gross
vehicle mass –
(i) does not exceed half the tare of the drawing vehicle, unless such trailer is equipped
with a parking brake or other device to keep such trailer stationary;
(ii) exceeds half the tare of the drawing vehicle but does not exceed such tare, unless
such trailer is equipped with a parking brake and either a service brake or an
overrun brake; or
(iii) exceeds the tare of the drawing vehicle, unless such trailer is equipped with a
parking brake and a service brake;
(b) the gross vehicle mass of such trailer exceeds 750 kilograms but does not exceed 3 500
kilograms and the gross vehicle mass –
(i) does not exceed the tare of the drawing vehicle, unless such trailer is equipped
with a parking brake and either an overrun brake or a service brake; or
(ii) exceeds the tare of the drawing vehicle, unless the trailer is equipped with a
parking brake and a service brake;
(c) the gross vehicle mass of the trailer exceeds 3 500 kilograms, unless such trailer is
equipped with a parking brake and a service brake,
and where more than one trailer is drawn by a drawing vehicle, the foregoing requirements shall
apply in respect of each such trailer, and in such event the gross vehicle mass shall be construed
as the total of the gross vehicle mass of all trailers so drawn.
(2) The service brake of a trailer shall be capable of being operated by the driver of the drawing
vehicle while such trailer and drawing vehicle are in motion.
(3) If the service or overrun brake of a trailer is capable of being used as a parking brake, a
separate parking brake need not be fitted to such trailer.
(4) Notwithstanding subregulation (1) (c), if a trailer referred to in that subregulation is drawn by a
tractor and such tractor is not designed for or capable of operation at a speed exceeding 40
kilometres per hour on a reasonably level road, such trailer may be equipped with an overrun brake
in lieu of a service brake.

Reg 152. Brakes on pedal cycles

No person shall operate on a public road any pedal cycle unless it is equipped with at least one
brake which shall operate on the rear wheel or wheels.

Reg 153. Brakes on unspecified vehicles

No person shall operate on a public road any vehicle for which no specific braking system is
prescribed in regulations 149 to 156, unless it is equipped with a parking brake or other device for

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keeping such vehicle stationary.

Reg 154. Specifications for brakes

(1) Subject to the provisions of subregulation (2), no person shall, after 1 January 1995, operate
on a public road, a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms, a mini-
bus, bus or tractor which was registered for the first time on or after 1 January 1986, unless the
brakes fitted to such vehicle comply with the standard specification SABS 1207 "Motor Vehicle Safety
Standard Specification for Braking", the standard specification SABS 1051 "Motor Vehicle Safety
Specification for Braking" or, in the case of a trailer with a gross vehicle mass exceeding 3500
kilograms and registered for the first time on or after 14 February 2004, the specification SABS ECE
R13 "Uniform provision concerning approval of vehicle categories N, M and O with regard to braking.
(2) No person shall operate on a public road a tractor or a haulage tractor which is not designed
for, or capable of operating at a speed exceeding 40 kilometres per hour on a reasonably level road,
or a trailer drawn by such tractor, which is registered for the first time on or after 1 July 1999, unless
the brakes fitted to such tractor or trailer comply with the standard specification SANS 1447 “Braking
(motor and towed vehicles, designed for low speed or for use off public roads)” Part 1: “Low speed
vehicles” and Part 2: “Low Speed Trailers” or the standard specification SANS 1207 “Braking”, or
the standard specification SANS 1051 “Braking(Part 1: General”, Part 2: “Braking (Response time of
braking devices on vehicle fitted with compressed-air braking devices), Part 3: “Braking (Energy
sources and reservoirs), Part 4: Braking(Spring brakes), Part 5: Braking (Parking brakes:
Mechanically locked brakes cylinder (lock actuator) type) and Part 6: Braking (Distribution of braking
effort and compatibility of vehicles in combination)”.

(3) a minibus, midibus or bus, operating in terms of an operating licence issued in accordance
with the provisions of the NLTTA, and registered for the first time after 04 September 2006, shall
comply with the requirements of the Type II test contemplated in SANS 1207 "Braking" or SANS
20013 " Uniform provisions concerning the approval of vehicles of categories M, N and O with regard
to Braking.
(4) No person shall operate on a public road a rapid transport bus or a r apid
transport bus-train unless it complies with the requirements of SANS 20013 "Uniform provisions
concerning the approval of vehicles of categories M, N and 0 with regard to braking.

Reg 155. Braking performance of service, emergency and parking brakes

(1) No person shall operate on a public road a motor vehicle or a combination of motor vehicles
which, in terms of these regulations is required to be equipped with—
(a) a service brake, unless such brake at all times—
(i) in the case of a motor vehicle or a combination of motor vehicles which is capable
of exceeding a speed of 40 kilometres per hour, when it is applied from an initial
speed of 35 kilometres per hour, complies with the requirements for braking
performance set out in Table A hereunder; or
(ii) in the case of a motor vehicle or a combination of motor vehicles which is not
capable of exceeding a speed of 40 kilometres per hour, when it is applied from
the maximum speed which such vehicle or combination is capable of attaining,
complies with the requirements for braking performance set out in Table B
hereunder.
(b) an emergency brake, unless such brake at all times—
(i) in the case of a motor vehicle or a combination of motor vehicles which is capable
of exceeding a speed of 40 kilometres per hour, when it is applied from an initial
speed of 35 kilometres per hour, complies with the requirements for braking

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 performance set out in Table C hereunder; or
(ii) in the case of a motor vehicle or a combination of motor vehicles which is not
capable of exceeding a speed of 40 kilometres per hour, when it is applied from
the maximum speed which such vehicle or combination is capable of attaining,
complies with the requirements for braking performance set out in Table D
hereunder; or
(c) a parking brake, unless such brake, at all times, is capable of keeping such vehicle or
combination stationary for an indefinite period with the engine disengaged on a gradient
of not more than one in 8,33.

REQUIREMENTS FOR BRAKING PERFORMANCE

TABLE A
SERVICE BRAKE OF MOTOR VEHICLE OR COMBINATION Of MOTOR
VEHICLES CAPABLE OF EXCEEDING SPEED OF 40 km/h
Initial speed in Maximum Minimum Minimum
km/h Stopping deceleration equivalent
distance in m in m/s² braking force in
N/kg
Light motor vehicle 35 14 4,4 4,4

Heavy motor vehicle 35 16 4,4 4,4

TABLE B
SERVICE BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR
VEHICLES NOT CAPABLE OF EXCEEDING SPEED OF 40 km/h
Maximum initial Maximum stopping Minimum deceleration Minimum equivalent
speed in km/h distance in m in m/s² braking force in N/kg
15 7 1,9 1,9

20 11 1,9 1,9

25 16 1,9 1,9

30 23 1,9 1,9

35 30 1,9 1,9

TABLE C
EMERGENCY BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR
VEHICLES CAPABLE OF EXCEEDING SPEED OF 40 km/h
Initial speed in Maximum Minimum Minimum
km/h Stopping deceleration equivalent
distance in m in m/s² braking force in
N/kg
Light or heavy motor 35 30 1,9 1,9
vehicle

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 TABLE D
EMERGENCY BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR
VEHICLES NOT CAPABLE OF EXCEEDING SPEED OF 40 km/h
Maximum initial Maximum stopping Minimum deceleration Minimum equivalent
speed in km/h distance in m in m/s² braking force in N/kg
15 12 0,95 0,95

20 20 0,95 0,95

25 29 0,95 0,95

30 41 0,95 0,95

35 55 0,95 0,95

(2) Compliance with the requirements contemplated in subregulation (1)(a) and (b) shall be
determined by—
(a) actual road tests conducted on a road with a reasonable level, dry, smooth and hard
surface which is free from loose material and with the stopping distance measured from
the moment the particular brake is applied with the engine disengaged until the vehicle
comes to rest; and
(b) a suitable mechanical test.
(3) When testing a brake on a combination of motor vehicles, the brakes of the drawn vehicle or
vehicles shall be applied at the same moment as the brakes of the drawing vehicle.
(4) Where in any prosecution for a contravention of subregulation (1) the question arises whether
a motor vehicle or a combination of motor vehicles travelled at a particular speed, the speed indicated
by the speedometer of such vehicle or combination shall, in the absence of evidence to the contrary,
be deemed to be correct.
(5) For the purposes of this regulation—
(a) “light motor vehicle” means—
(i) a motor-car;
(ii) a motor vehicle with a gross vehicle mass not exceeding 3500 kilograms; or
(iii) any other motor vehicle with a tare not exceeding 3 500 kilograms, but does not
include a bus, minibus, midibus or goods vehicle; and
(b) “heavy motor vehicle” means a motor vehicle which is not a light motor vehicle.

Reg 156. Condition and operation of brakes

(1) A brake required in terms of these regulations, shall—
(a) be in good working order and condition whenever the vehicle to which it is fitted is
operated on a public road; and
(b) when tested in terms of regulation 155, except in the case of a motor cycle with side-car,
act with approximately equal intensity on the wheels symmetrically placed in relation to
the longitudinal centre-line of the vehicle.
(2) No person shall operate on a public road a motor vehicle equipped with a service brake which
is operated solely by air or vacuum pressure, unless there is fitted in the driving compartment of such
vehicle a device (other than a gauge indicating pressure) whereby the driver of the vehicle is given
visible or audible warning of incorrect air or vacuum pressure before the pressure becomes such

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that the brake is incapable of stopping the vehicle as contemplated in regulation 155.
(3) If a drawn vehicle is equipped with a service brake operated solely by air or vacuum pressure,
the device referred to in subregulation (2) shall be fitted in the driving compartment of the drawing
vehicle.

Reg 157. Vehicles to be equipped with certain lamps and times when certain lamps to be
lighted
(1) No person shall operate on a public road a motor vehicle unless—
(a) all lamps fitted to a motor vehicle as contemplated in regulations 159 to 184 inclusive,
are undamaged, properly secured, and capable of being lighted at all times; and
(b) the head lamps, rear lamps and number plate lamps are kept lighted during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road are not
clearly discernible at a distance of 150 metres: Provided that the provisions of this
paragraph shall not apply to a motor vehicle parked off the roadway of a public road or
in a parking place demarcated by appropriate road traffic signs or within a distance of 12
metres from a lighted street lamp illuminating the public road on which such vehicle is
parked.
(2) No person shall operate on a public road a motor cycle, a motor cycle with a side car, a motor
tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times: Provided
that the provisions of this subregulation shall not apply to a motor cycle, motor cycle with side car,
motor tricycle or motor quadrucycle manufactured before 31 December 1960 which is used only
during the period from sunrise to sunset.
(3) A person operating a motor vehicle on a public road shall extinguish the main-beam of the light
emitted by the head lamp of such vehicle if such main-beam could cause a dangerous glare to
oncoming traffic.

Reg 158. Visibility distance of lights

(1) Where provision is made in regulations 157 to 184, as to the distance from which certain lights
and devices shall render objects visible or the distance within which such lights or devices shall be
visible, such provision shall apply during the times stated in regulation 157(1)(b) in respect of a
vehicle when upon a straight, reasonably level, unlighted public road in clear weather, unless a
different time or condition is expressly stated.
(2) Every lamp required to be fitted or to be used in terms of any of these regulations shall emit a
light of sufficient brilliance to be visible from a distance of at least 150 metres to a person of normal
eyesight.

Reg 159. Head lamps

(1) No person shall operate on a public road—
(a) a motor vehicle, other than a motor cycle, a motor tricycle with one wheel in front or
trailer, unless it is equipped in front on each side of its longitudinal centre-line with—
(i) one head lamp capable of emitting a main-beam and a dipped-beam;
(ii) one head lamp capable of emitting a main-beam and one head lamp capable of
emitting a dipped-beam; or
(iii) one head lamp contemplated in subparagraph (i) or head lamps contemplated in
subparagraph (ii) and an additional head lamp capable of emitting a main-beam;

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 (b) a motor cycle without a side-car, motor tricycle with one wheel in front, unless it is
equipped in front with—
(i) one head lamp capable of emitting a main-beam and a dipped-beam;
(ii) one head lamp capable of emitting a main-beam and one head lamp capable or
emitting a dipped-beam, both of which are fitted in the same vertical plane; or
(iii) two headlamps, each capable of emitting a main-beam and a dipped-beam, both
of which are fitted in the same horizontal plane; or
(c) a motor cycle with a side-car, unless—
(i) the motor cycle is equipped in front with one head lamp contemplated in paragraph
(b)(i) or head lamps contemplated in paragraph (b)(ii) or (iii); and
(ii) the side-car is equipped with one parking lamp which complies with the provisions
of regulation 164 or with one head lamp contemplated in paragraph (b)(i), subject
to the proviso to regulation 161(4)(a).
(2) At least one head lamp contemplated in subregulation (1)(a) capable of emitting a
dipped-beam or a parking lamp complying with the provisions of regulation 164 shall be so fitted on
each side of the longitudinal centre-line of the motor vehicle concerned that the portion of the
illuminating surface thereof furthest from the longitudinal centre-line of the motor vehicle is not more
than 400 millimetres from the outer edge of the front of the motor vehicle.
(3) The main-beam and dipped-beam of a head lamp fitted to a motor vehicle first registered on
or after 1 January 2002, shall comply with the requirements of standard specification SANS 1046
“Motor vehicle safety: lights and light signalling devices installed on motor vehicles and trailers”, and
standard specification SANS 1376 “Lights for motor vehicles”, Part 2: “Head lights”: Provided that
the height of the dipped beam and headlamp of a light motor vehicle shall not exceed 1400
millimetres measured from the ground to the centre of the lamp.

Reg 160. Main-beam

Every head lamp emitting a main-beam of light shall be so adjusted and maintained that—
(a) it shall be capable of adequately illuminating an area ahead of the motor vehicle
concerned enabling the driver to see any person, vehicle or substantial object at a
distance of at least 100 metres ahead; and
(b) it can be extinguished by the use of a device which simultaneously shall cause or allow
the dipped-beam of light to be emitted or continue to be emitted from a head lamp.

Reg 161. Dipped-beam

(1) Every head lamp emitting a dipped-beam of light which, when projected onto a vertical screen,
shows a beam pattern with a sharp, clearly defined cut-off line diagonal to the left (hereinafter
referred to as the “diagonal cut-off line”) and horizontal to the right (hereinafter referred to as the
“horizontal cut-off line”), shall be so adjusted and maintained that, when the motor vehicle concerned
is on a reasonably level road such beam at the horizontal cut-off line shall—
(a) slant downwards at a percentage inclination of at least 0,5 per cent which percentage
inclination shall be calculated in accordance with the formula—
{{(h_1~-~h_2)} over L}~x~100; and
(b) strike the road surface ahead of the motor vehicle within a distance in metres calculated
in accordance with the formula—
200 x h1
(2) In the formulae referred to in subregulation (1)—

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 (a) “h1" represents the height in metres of the head lamp measured to the centre of the head
lamp vertically from ground level;
(b) “h2" represents the height in metres of the horizontal cut-off line measured vertically from
ground level at the screen contemplated in subregulation (1); and

(c) “L” represents the distance in metres of the screen contemplated in subregulation (1)
measured horizontally from the head lamp as illustrated hereunder.
(3) Every head lamp emitting a dipped-beam of light which, when projected onto a vertical screen,
shows a symmetrical light-pattern or does not have a diagonal and horizontal cut-off line, shall be so
adjusted and maintained that when the motor vehicle concerned is on a reasonably level road, the
centre of the intense part of such beam shall slant downwards to strike the road surface ahead of
the motor vehicle within a distance not exceeding 45 metres.
(4) Every head lamp emitting a dipped-beam of light shall be so adjusted and maintained that—
(a) it shall be capable of adequately illuminating an area ahead of the motor vehicle
concerned enabling the driver to see any person, vehicle or substantial object at a
distance of at least 45 metres ahead of the motor vehicle: Provided that the provisions
of this paragraph shall not apply to a head lamp emitting a dipped-beam of light fitted to
the side-car of a motor cycle;
(b) it does not cause a dangerous glare to oncoming traffic on a reasonably level road; and
(c) the intersection of the diagonal and horizontal cut-off lines of a dipped-beam referred to
in subregulation (1), or the centre of the intense part of a dipped beam referred to in
subregulation (3), shall not deflect to the right.

Reg 161A. Daytime running lamp

(1) Any motor vehicle, except a trailer, may be fitted with daytime running lamps.
(2) Daytime running lamps shall be fitted—
(a) not less than 250 millimetres or more than one comma five metres above the ground
level; and
(b) towards the front of the motor vehicle in such a manner that the light emitted from such
lamp does not cause discomfort to the driver, either directly or indirectly through any of
the rear-view mirrors or any other reflecting surfaces of such vehicle.
(3) Daytime running lamps shall be connected in such a manner—

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 (a) that the rear lamps are on or not on at the same time as the daytime running lamps; and
(b) that they switch off automatically when the head lamps are switched on, except when
the headlamps are used to give intermittent luminous warnings at short intervals.

Reg 162. Lights to be displayed on stationary or parked motor vehicle

Subject to the proviso to regulation 157(1)(b), no person shall on a public road stop or park a motor
vehicle unless—
(a) the head lamps thereof emit a dipped-beam of light complying with the provisions of
regulation 161 or a beam of light complying with the provisions of regulation 164 is
emitted from parking lamps incorporated in such head lamps; or
(b) if the head lamps thereof are extinguished, light is emitted from two fog lamps or parking
lamps complying with the provisions of regulation 163 or 164, respectively.

Reg 163. Fog lamps

(1) A motor vehicle may be equipped at the front and at the rear or at the front or rear with—
(a) one fog lamp; or
(b) two fog lamps, one on each side of the longitudinal centre-line of the motor vehicle.
(2) No person shall operate on a public road a motor vehicle which, in terms of subregulation (1)
is equipped with a fog lamp or fog lamps, unless—
(a) every fog lamp at the front is so adjusted and maintained that it shall only be capable of
emitting a dipped-beam of light complying with the provisions of regulation 161(3) and
(4); or
(b) the fog lamp or lamps at the rear can only be brought into operation when any fog lamp
at the front or any head lamp of such vehicle is brought into operation.
(3) No fog lamp contemplated in subregulation (1) shall be fitted—
(a) at the front of a motor vehicle with the highest point of its illuminating surface above the
highest point of the illuminating surface of a head lamp emitting a dipped-beam of light;
or
(b) at the rear of a motor vehicle with the lowest point of its illuminating surface less than
250 millimetres and the highest point thereof more than one metre from ground level.
(4) If—
(a) a motor vehicle, other than a motor cycle and motor tricycle with one wheel in front, is in
terms of subregulation (1)(a) equipped with one fog lamp at the front, a parking lamp or
parking lamps complying with the provisions of regulation 164, shall be fitted to the motor
vehicle concerned in such a manner that every parking lamp shall be brought into
operation simultaneously with the fog lamp; or
(b) a motor vehicle is in terms of subregulation (1)(b) equipped with two fog lamps at the
front and any such lamp is so placed that the portion of its illuminating surface which is
furthest from the longitudinal centre-line of the motor vehicle, is further than 400
millimetres from the outer edge of the front of such vehicle, a parking lamp or parking
lamps complying with the provisions of regulation 164 shall be fitted to the motor vehicle
and in such a manner that every parking lamp shall be brought into operation
simultaneously with the fog lamps.
(5) No fog lamp shall be fitted to the side-car of a motor cycle at the front, unless the motor cycle
concerned is equipped with a fog lamp complying with the provisions of this regulation or with a
parking lamp complying with the provisions of regulation 164 and which can be brought into operation

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simultaneously with the fog lamp on the side-car: Provided that if a fog lamp is only fitted to the motor
cycle at the front, the side-car shall be equipped with one parking lamp referred to in regulation
159(1)(c)(ii) and such parking lamp shall be capable of being brought into operation simultaneously
with such fog lamp.
(6) No person shall operate on a public road, a motor vehicle while any fog lamp fitted to such
vehicle is lit, except in conditions of poor visibility caused by snow, fog, mist, dust or smoke.

Reg 164. Parking lamps

(1) A motor vehicle may be equipped—
(a) in front with one or two parking lamps which shall be visible directly from the front;
(b) at the rear with one or two parking lamps which shall be visible directly from the rear; or
(c) at each side with one parking lamp which shall be visible directly from the front and from
the rear.
(2) Any parking lamp—
(a) contemplated in subregulation (1)(a), may form part of a head lamp contemplated in
regulation 159, a fog lamp contemplated in regulation 163 or a front position lamp
contemplated in regulation 166; or
(b) contemplated in subregulation (1)(b), may form part of a fog lamp contemplated in
regulation 163, a rear lamp contemplated in regulation 168 or a stop lamp contemplated
in regulation 169.
(3) If a motor vehicle is, in terms of subregulation (1), equipped at the front or at the rear with—
(a) one parking lamp, such lamp shall be fitted on the right side of the motor vehicle; or
(b) two parking lamps, one parking lamp shall be fitted on each side of the longitudinal
centre-line of the motor vehicle,
so that the portion of the illuminating surface thereof furthest from the longitudinal centre-line of the
motor vehicle is not further than 400 millimetre from the outer-edge of the front or rear of the motor
vehicle, as the case may be: Provided that in the case of a motor vehicle registered prior to 1 July
1990 the portion of illuminating surface of the parking lamp furthest from the longitudinal centre-line
of the motor vehicle may be not further than 500 millimetres from the outer-edge of the front or rear
of the motor vehicle.

Reg 165. When parking lamps to be kept lighted

(1) No person shall operate on a public road a motor vehicle if on any side of the longitudinal
centre-line thereof no head lamp in use is so placed that the portion of its illuminating surface furthest
from such centre-line is within 400 millimetres from the outer-edge of the front of the vehicle, unless
a parking lamp fitted to that side of the vehicle and complying with regulation 164 is kept lighted.
(2) No person shall operate on a public road a motor vehicle of which only the parking lamps are
lighted while such vehicle is in motion.

Reg 166. Front-position lamps

(1) No person shall operate on a public road a motor vehicle or a combination of motor vehicles,
other than a motor cycle, if any of the outer edges of the widest part of such vehicle or combination
or any load thereon projects more than 400 millimetres beyond the illuminating surface of any
outermost lamp to the front of such vehicle or combination of motor vehicles which is nearest to such
edge, unless there is fitted on each side of such widest part one front-position lamp which shall be
visible directly from the front.

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(2) The front position lamps contemplated in subregulation (1)—
(a) shall be fitted as near as possible to, but not more than 400 millimetres, or in the case of
a trailer, converter dolly or adapter dolly not more than 150 millimetres, from the
outer-edges of the widest part of the motor vehicle or combination of motor vehicles
concerned or any load thereon, and shall not be less than 350 millimetres or more than
two comma one metres above the ground level: Provided that a motor vehicle first
registered prior to 1 January 1985 may have such lamps fitted less than 350 millimetres
above the ground but such lamps shall be fitted as high as possible; and
(b) shall emit a white light.

Reg 167. End-outline-marker lamps

(1) A motor vehicle may be equipped—
(a) in front on each side of its longitudinal centre-line with one end-outline-marker lamp
which shall be visible directly from the front; and
(b) at the rear on each side of its longitudinal centre-line with one end-outline-marker lamp
which shall be visible directly from the rear.
(2) (a) shall be fitted as near as possible to the outer-edges of the front and rear of the motor
vehicle concerned and as high as possible, but not necessarily beyond the top of the cab
height at the front and as high as possible at the rear; and.
(b) shall emit a white light to the front and a red light to the rear.

Reg 168. Rear lamps

(1) No person shall operate a motor vehicle on a public road, excluding a motor vehicle which was
first registered before 1 January 1981, a motor cycle or a motor tricycle, unless such motor vehicle
is fitted with at least one lamp on each side at the rear—
(a) emitting a red light to the rear with a minimum intensity of two candelas;
(b) positioned not further than 400 millimetres from the outer edges of the widest part of
such motor vehicle; and
(c) positioned not lower than 350 millimetres or higher than one and a half metres above
ground level, but if it is not practical, or impossible due to the structure of the vehicle to
position such lamps within one and a half metres above ground level, not higher than
two comma one metres above ground level.
(2) A motor vehicle which was first registered before 1 January 1981 may be fitted with such lamps
in such positions as are prescribed in subregulation (1), but shall be fitted with at least one lamp at
the rear, emitting a red light to the rear with a minimum intensity of two candelas, positioned in the
centre or to the right of the longitudinal centre-line of such vehicle, not lower than 300 millimetres
and not higher than two comma one metres above ground level.
(3) No person shall operate a motor cycle or a motor tricycle on a public road unless such motor
cycle or motor tricycle is fitted with such a lamp in such a position at the rear as prescribed in
subregulation (2).
(4) Rear lamps fitted to motor vehicles in addition to those prescribed in this regulation may be
fitted higher than two comma one metres above ground level.
(5) A motor vehicle which is towed by a breakdown vehicle shall be fitted with a separate
temporary set of rear lamps while such motor vehicle is being towed.

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Reg 169. Stop lamps
(1) No person shall operate a motor vehicle, other than a trailer drawn by a tractor or a tractor, on
a public road unless it is fitted with at least one stop lamp on each side at the rear of the motor
vehicle, and in the case of a motor cycle one stop lamp at the rear, which shall—
(a) be visible from the rear and shall be unobscured within angles of—
(i) 45 degrees measured across the width of the motor vehicle on either side of a line
parallel to the longitudinal centre-line of the motor vehicle and passing through the
centre-line of each stop lamp; and
(ii) 15 degrees measured vertically on either side of a horizontal line parallel to the
longitudinal centerline of the motor vehicle and passing through the centre-line of
each stop lamp but if the height of the stop lamp above ground level is less than
750 millimetres, such angles, measured below such horizontal line, may be
reduced to five degrees;
(b) be fitted at a height of not less than 300 millimetres and not more than two comma one
metres above ground level, measured to the centre of the lamp: Provided that additional
stop lamps may be fitted above two comma one metres;
(c) be fitted equidistant from, and on each side of, the longitudinal centre-line of such motor
vehicle;
(d) when in use, emit light the colour of which shall be red and the intensity of which shall
be greater than that of the light emitted by the rear lamp on the motor vehicle and shall
be visible in normal sunlight at a distance of not less than 30 metres to a person of normal
eyesight;
(e) be so connected that, if the motor vehicle is in motion, such lamp shall come into
operation as soon as the operating device of the service brake or similar brake of the
motor vehicle or, in the case of a combination of motor vehicles, of the drawing vehicle,
is activated; and
(f) be maintained in a clean condition and in good working order.
(2) A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate
temporary set of stop lamps which is coordinated with the working of the stop lamps of the breakdown
vehicle while such motor vehicle is so towed.
(3) A stop lamp complying with the provisions of subregulation (1) may be incorporated in a rear
lamp fitted to a motor vehicle in terms of regulation 168.
(4) A motor vehicle may be fitted with stop lamps, which display a flashing light signal during
emergency high de-acceleration braking that complies with the requirements of standard
specification SANS 20013 Uniform provisions concerning the approval of vehicles of category M, N
and O with regarded to braking” or, SANS 20013 Part H: “Uniform provision concerning the approval
of passenger cars with regard to braking”, and SANS 20048 “Uniform provisions concerning the
approval of vehicles with regard to the installation of lighting and light-signalling devices”, and which
is homologated as such by the National Regulator for Compulsory Specifications.

Reg 170. Number plate lamps

(1) No person shall operate on a public road a motor vehicle, other than a tractor, unless it is fitted
with at least one number-plate lamp at the rear, illuminating the number plate or identification card
by means of a white light which shall make every letter and figure of such plate or card plainly
distinguishable from a distance of at least 20 metres by a person of normal eyesight: Provided that
a number plate lamp need not be kept lighted on a motor vehicle parked on a public road.
(2) The beam of light of a number-plate lamp shall not be directed to the rear.

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Reg 171. Side-marker lamps
(1) A motor vehicle or combination of motor vehicles may, but a breakdown vehicle shall, be fitted
with side-marker lamps along each side which, when in operation, shall emit a diffused yellow light:
Provided that the side marker lamp furthest forward on the motor vehicle, combination of motor
vehicles or breakdown vehicle, when in operation, may emit a diffused white or amber light: Provided
further that the rearmost side-marker lamp on a motor vehicle or combination of motor vehicles or
breakdown vehicle, when in operation, may emit a diffused red or amber light.
(2) Such side-marker lamps shall be so placed that—
(a) there is a lamp within 400 millimetres of each end of the body of each vehicle;
(b) the distance between successive lamps on any motor vehicle or combination of motor
vehicles is not more than three comma six metres;
(c) they are not less than 300 millimetres from the ground; and
(d) they face directly outwards from the side to which they are fitted in a direction at right
angles to the longitudinal centre-line of the vehicle to which they are fitted.

Reg 172. Interior lamps

A lamp emitting a diffused light may be provided on any motor vehicle for the purpose of illuminating
the interior, including the instrument panel thereof, or any entrance thereto.

Reg 173. Lamp illuminating notice on motor vehicle

(1) A lamp illuminating a notice relating to the destination of a motor vehicle or its availability for
hire may be fitted to any motor vehicle.
(2) A lamp illuminating a notice or token indicating the use of a motor vehicle as an ambulance,
blood transfusion service, fire-fighting, police, traffic-control vehicle or a patrol service vehicle of the
Automobile Association, may be fitted to such vehicle.

Reg 174. Decorating lamps

A lamp, other than a spot lamp, may be fitted to a motor vehicle taking part in a procession for the
purpose of decorating it.

Reg 175. Reversing lamps

(1) A motor vehicle may be fitted with a reversing lamp emitting a white light, which illuminates the
road to the rear of, or under the vehicle.
(2) Such a lamp shall be under the direct control of the driver and shall be either so fitted as to
operate only when the motor vehicle is placed in reverse gear or be connected with a device by
which the driver shall be made aware that the lamp is in operation.
(3) Not more than two such lamps shall be fitted to a vehicle and no light shall be emitted therefrom
except when the vehicle is reversing or about to reverse.

Reg 176. Identification lamps

(1) A bus or a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms, and which
is not a motor vehicle referred to in subregulation (2), (3) or (5), may be fitted above the windscreen
with two or more identification lamps and each such lamp shall—
(a) not exceed a capacity of 21 Watts;

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 (b) be visible from directly in front of the motor vehicle to which it is fitted; and
(c) emit a green or amber light.
(2) An ambulance, fire-fighting or rescue vehicle may be fitted with a lamp or lamps emitting an
intermittently-flashing red light in any direction.
(3) (a) Subject to paragraph (b), no person shall operate a motor vehicle fitted with, or in or on
which is displayed, a lamp or lamps emitting a blue light or capable of emitting a blue
light.
(b) The provisions of paragraph (a) does not apply to a motor vehicle operated by a member
of the Service or a member of a municipal police service, both as defined in section 1 of
the South African Police Service Act, 1995 (Act No. 68 of 1995), or a traffic officer, or a
member of the South African Defence Force authorised in terms of section 87(1)(g) of
the Defence Act, 1957 (Act No. 44 of 1957) to perform police functions, in the execution
of his or her duties.
(c) A motor vehicle referred to in paragraph (b) may be fitted with a lamp or lamps emitting
an intermittently-flashing—
(i) blue light;
(ii) blue and amber light;
(iii) blue and red light; or
(iv) blue, amber and red light,
in any direction which may, at the will of the driver, display the word “stop”.
(4) A motor vehicle which is—
(a) a vehicle employed in connection with the maintenance of public road;
(b) engaged in the distribution and supply of electricity;
(c) engaged in the supply of other essential public services;
(d) operated in terms of the authority granted by the MEC in terms of section 81 of the Act;
(e) a breakdown vehicle;
(f) a refuse compactor vehicle;
(g) a vehicle carrying an abnormal load and the vehicle escorting it if any,
may, but a breakdown vehicle shall, be fitted with a lamp or lamps capable of emitting an
intermittently-flashing amber light in any direction: Provided that such lamp shall only be used at the
place where the breakdown occurred, where the maintenance or other work or an inspection is being
carried out, when such breakdown vehicle is towing a motor vehicle, or in the event of a vehicle
carrying an abnormal load.
(5) A motor vehicle used by a medical practitioner may be fitted above the windscreen with one
lamp emitting an intermittently flashing red light in any direction: Provided that such light may only
be used by such medical practitioner in the bona fide exercise of his or her profession.
(6) A vehicle driven by a person while he or she is responding to a disaster as contemplated in
the Disaster Management Act, 2002 (Act No. 57 of 2002), may be fitted with a lamp or lamps emitting
an intermittently-flashing green light in any direction.
(7) A vehicle—
(a) owned by a body or person registered as a security officer in terms of the Security
Officers Act, 1987 (Act No. 92 of 1987); and
(b) driven by a security officer as defined in section 1 of the said Act in the course of
rendering a security service, also defined in section 1 of the said Act,

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may be fitted with a white lens bar containing a lamp or lamps emitting an intermittently- flashing
diffused white light in any direction, and containing a notice illuminated by a white light containing
the word “security” and the name of the owner of the vehicle in black letters: Provided that the said
lamp or lamps shall not be capable of emitting a rotating or strobe light.

Reg 177. Use of spot lamp

No person shall operate on a public road a motor vehicle if it is fitted with a spot lamp, which can be
so adjusted as to enable a beam of light emitted therefrom to be deflected in any direction: Provided
that a spot lamp which is adjustable—
(a) may be fitted and used for official purposes on any ambulance, rescue-, fire-fighting-,
police-, or traffic-control vehicle;
(b) may be fitted to a vehicle owned by a medical practitioner or veterinarian, and used in
the execution of such person’s professional duties; or
(c) may be fitted to a breakdown vehicle or a vehicle employed in connection with the supply
of electricity or other public essential services: Provided that it is used solely at the scene
of an accident or breakdown or for the examination of overhead telephone, telegraph or
power lines.

Reg 178. Lamps on pedal cycle

(1) A pedal cycle may be fitted in front with a lamp emitting a white light, the intense part of the
beam of which shall, when such pedal cycle is on a reasonably level road, strike the surface ahead
of such pedal cycle at a distance of not less than three metres and not more than 30 metres.
(2) A pedal cycle may be fitted with one or more lamps emitting a red light directly to the rear.

Reg 179. Lamps on animal drawn vehicles

(1) Subject to subregulation (2), no person shall operate on a public road an animal drawn vehicle
unless it is fitted in front on both sides of the body thereof, with lamps emitting a white light forward,
and at the rear on both sides of the body thereof, with lamps emitting a red light to the rear: Provided
that in the case of a vehicle drawn by animals not controlled by reins, there shall be a person who
leads the animals while he or she is carrying a lamp which emits a white light forward at the head of
the foremost animal, in lieu of the lamps emitting a white light forward and a red light to the rear.
(2) The provisions of this regulation shall only apply if the vehicle referred to in subregulation (1)
is used between sunset and sunrise and any other time when, due to insufficient light or unfavourable
weather conditions, persons and vehicles upon the public road are not clearly visible at a distance
of 150 metres.

Reg 180. Lamps on unspecified vehicles

(1) No person shall operate on a public road a vehicle, other than a perambulator, baby cart or
child’s play vehicle, and which is not elsewhere provided for in regulations 157 to 184, between
sunset and sunrise and any other time when, due to insufficient light or unfavourable weather
conditions, persons and vehicles upon the public road are not clearly visible at a distance of 150
metres—
(a) unless it is fitted in front on both sides of the body thereof, with lamps emitting a white
light forward; and
(b) unless it is fitted at the rear on the extreme right side of the body thereof, with a lamp
emitting a red light to the rear.
(2) A lamp contemplated in subregulation (1)(a) shall emit a beam of light of sufficient power to

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illuminate the roadway immediately ahead of such vehicle but shall not be of such power or design
or so fitted as to cause a dangerous glare to oncoming traffic on a reasonably level road.

Reg 181. Colour of lights

(1) Subject to the provisions of regulation 170(1), 171(1), 172, 175 or 176, no person shall operate
on a public road a motor vehicle which is fitted with or carries on it a lamp which—
(a) except in the case of a brake anti-lock warning light to the front of a trailer, emits a light
which is not white, amber or yellow in colour towards the front;
(b) emits a light which is not yellow or amber in colour towards either side of the motor
vehicle; or
(c) except in the case of a direction indicator or reversing lamp complying with the provisions
of these regulations, or a rear-ward facing lamp on a truck -tractor directed so as to
facilitate the safe connection of a semi-trailer and connected such that it can be operated
only when reverse gear is engaged or when the parking brake is applied, emits a light
which is not red in colour towards the rear.
(2) When two or more lamps of the same class emitting light in the same direction are fitted to a
vehicle they shall emit light of the same colour.
Provided that no person shall operate on a public road a motor vehicle fitted with any
colour of lights other than the colour of lights prescribed in terms of these regulations.

Reg 182. Certain lamps to emit diffused lights

Every lamp fitted to a vehicle, other than the head lamps of a motor vehicle, the front lamp of a pedal
cycle, spot lamp and fog lamp, shall emit diffused light when in operation on a public road.

Reg 183. Lamps to emit steady light

Unless otherwise provided elsewhere in these regulations, a lamp fitted to any vehicle shall emit a
steady light when in operation: Provided that an ambulance, rescue vehicle, fire-fighting vehicle, a
motor vehicle operated by a traffic officer in the execution of his or her duties, or a motor vehicle
operated by a member of the Service or a member of a municipal police service, both as defined in
section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995) in the execution of his
or her duties, may be equipped with a device which enables the driver of such vehicle to operate the
vehicle’s head lamps in such a manner that they flash intermittently.

Reg 184. Manner in which lamps to be fitted and maintained

(1) The head lamps of a motor vehicle shall be fitted—
(a) at a height of not less than 450 millimetres and not more than one comma four metres
above ground level, measured to the centre of the lamp; and
(b) not more than 500 millimetres behind the front end of the vehicle.
(2) The head lamps and fog lamps of a motor vehicle shall, unless the design of the lamps
incorporates some other means of preventing a dangerous glare to oncoming traffic, not be fitted
with lenses of clear glass or other like material.
(3) When two or more of the same lamps are fitted to a vehicle they shall—
(a) be placed symmetrically in relation to the longitudinal centerline of the vehicle; and
(b) except in the case of side marker lamps and direction-indicator lamps, be so placed that
any lamp on the side of the vehicle concerned shall have a corresponding lamp at the

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 same height on the other side of such vehicle.
(4) Every lamp required to be fitted to a vehicle shall be securely fixed.
(5) The lens and reflector of every lamp required to be fitted to or used in connection with any
vehicle shall be maintained in an effective and reasonably clean condition.
(6) No lamp required to be fitted to or displayed in connection with a vehicle shall be totally or
partially obscured by any fitting or object on the vehicle.
(7) The provisions of subregulation (1) shall not apply to main beam lamps that comply with the
requirements of standard specification SABS 1046 "Motor vehicle safety specification for lights and
light signalling devices installed on motor vehicles and trailers", and standard specification SABS
1376 "Lights for motor vehicles", Part 2: Head lights" and which is homologated as such by the
Inspectorate of Manufacturers, Importers and Builders.

Reg 185. Lamps not prescribed or authorised, prohibited

No lamp other than a lamp prescribed or authorised in terms of these regulations shall at any time
be fitted to any vehicle operated on a public road.

Reg 186. White retro-reflectors to be fitted on front of certain vehicles

(1) No person shall operate on a public road—
(a) a trailer;
(b) rickshaw; or
(c) animal-drawn vehicle,
unless there are fitted, on the front of such vehicle at the same height, two white retro-reflectors, one
on each side of the longitudinal centre-line thereof and equidistant therefrom and otherwise
complying with the provisions of these regulations.
(2) A white retro-reflector—
(a) may be fitted to a motor vehicle, other than a trailer, in the manner contemplated in
subregulation (1) and such retro-reflector shall be so placed that the portion of its
reflective surface furthest from the longitudinal centre-line of the vehicle is not further
than 400 millimetres from the outer edge of the widest portion of the vehicle; and
(b) if fitted to any vehicle not provided for in paragraph (a), shall be so placed that the portion
of its reflective surface furthest from the longitudinal centre-line of the vehicle is not
further than 150 millimetres from the outer edge of the widest portion of the vehicle.
(3) No person shall operate a pedal cycle on a public road unless there is fitted on the front of
such cycle a white retro-reflector complying with the provisions of regulations 189 and 192.

Reg 187. Red retro-reflectors to be fitted on rear of certain vehicles

(1) No person shall operate on a public road—
(a) a motor vehicle, other than a motor cycle without side-car or motor tricycle with one wheel
at the rear;
(b) rickshaw; or
(c) animal-drawn vehicle,
unless there are fitted on the rear of such vehicle at the same height two red retro-reflectors, one on
each side, of the longitudinal centre-line thereof and equidistant therefrom and otherwise complying
with the provisions of these regulations: Provided that in the case of a combination of motor vehicles,

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both the drawing vehicle and the rearmost vehicle shall be fitted with such retro-reflectors.
(2) Each retro-reflector referred to in subregulation (1) shall be so placed that the portion of its
reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 400
millimetres from the outer edge of the widest part of the vehicle.
(3) No person shall operate any motor cycle without side-car or motor tricycle with one wheel at
the rear on a public road unless there is fitted on the rear of such vehicle a red retro-reflector
complying with the provisions of these regulations.
(4) No person shall operate a pedal cycle on a public road unless there is fitted on the rear of such
cycle a red retro-reflector complying with the provisions of regulations 189 and 192.

Reg 188. Yellow retro-reflectors to be fitted on sides of certain motor vehicles

No person shall operate on a public road a motor vehicle or a combination of motor vehicles, if the
overall length of such vehicle or combination of vehicles exceeds seven metres, unless there is fitted,
on each side of such vehicle, or on each side of every motor vehicle in such combination of vehicles,
as the case may be—
(a) one yellow retro-reflector—
(i) within three metres of the front of such vehicle or combination of vehicles;
(ii) within one metre of the back of such vehicle or combination of vehicles; and
(iii) in the case of a combination of motor vehicles, of which a trailer, other than a
semi-trailer, forms a part, within three metres of the front of the trailer; and
(b) so many additional yellow retro-reflectors as may be necessary to ensure that no two
successive yellow retro-reflectors on any side are more than three comma six metres
apart, complying with the provisions of regulations 189 and 192: Provided that—
(i) yellow retro-reflectors need not be fitted to a bus or minibus which is not a school
bus, including such a bus or minibus which forms part of a combination of motor
vehicles;
(iA) yellow retro-reflectors need not be fitted to motor vehicles fitted with retro-reflective
material on the sides as prescribed in regulation 192A;
(ii) in the case of a combination of motor vehicles where the drawing vehicle is a motor
car, yellow retro-reflector need not be fitted to such drawing vehicle; and
(iii) in the case of a combination of motor vehicles where the drawing vehicle is a motor
car, bus or minibus, which is not a school bus, the front of such combination shall,
subject to the provisions of paragraph (i), be deemed to be the front of the vehicle
immediately following such drawing vehicle.

Reg 189. General requirements for retro-reflectors

(1) Every retro-reflector required to be fitted to a vehicle or load in terms of these regulations
shall—
(a) not be lower than 300 millimetres and not higher than one comma five metres from
ground level, measured to the centre of the retro-reflector: Provided that if, due to the
design of the vehicle, it is impossible to fit retro-reflectors on the sides of the body of
such vehicle at the prescribed height, the retro-reflectors shall be fitted as near as
possible to such height;
(b) if it is a—
(i) white retro-reflector, be in a vertical position and face squarely to the front;
(ii) red retro-reflector, be in a vertical position and face squarely to the back; and

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 (iii) yellow retro-reflector, be in a vertical position and face squarely to the side,
but, notwithstanding anything to the contrary contained in these regulation, a motor vehicle
manufactured, built or imported by a registered manufacturer, builder or importer may have a red
retro-reflector fitted at the side towards the rear of such motor vehicle.
(c) be clean and in good condition and not be obscured to the extent that it will be rendered
ineffective; and
(d) not be fitted to any movable part of the vehicle: Provided that this provision shall not
apply to a warning sign contemplated in regulation 191(2)(a).
(2) Notwithstanding anything to the contrary contained in these regulations, if due to the design of
the vehicle it is not possible to fit a retro-reflector in the prescribed position, it may be fitted as close
as possible to the prescribed position.

Reg 190. Rear retro-reflectors on vehicles with certain bodies

If it is impossible to fit retro-reflectors on the body of a vehicle to comply with the requirements of
both regulations 187(2) and 189(1)(a), two red retro-reflectors shall be fitted to the rear of such
vehicle in the manner contemplated in regulation 187(2) as low as possible on the body of such
vehicle and two additional red retro-reflectors shall be fitted on the rear of the vehicle on the
underframe thereof at the height contemplated in regulation 189(1)(a) as far apart as such
underframe will permit.

Reg 191. Warning sign on rear of certain motor vehicles (chevrons)

(1) For the purposes of this regulation the expression “motor vehicle” shall not include a motor
vehicle propelled by electrical power derived from overhead wires, motor car, motor cycle, motor
tricycle, motor quadrucycle, tractor, or any other motor vehicle the gross vehicle mass of which does
not exceed 3 500 kg and which is not a trailer.
(2) Subject to subregulation (3), no person shall operate on a public road a motor vehicle unless
there is fitted at the rear of such vehicle a warning sign which—
(a) is a chevron sign which complies with the requirements referred to in standard
specification SABS 1329 “Retro-reflective and Fluorescent Warning Signs for Road
Vehicles”, Part 4 “Retro-reflective chevron-signs” and Part 5 “Retro-reflective chevron
decals”;
(b) bears a certification mark;
(c) notwithstanding the provisions of paragraph (a), from 1 January 2001 incorporates both
retro-reflective red and retro-reflective yellow chevron strips.
(3) (a) If the design or construction of any motor vehicle does not allow a chevron to be fitted
thereto such chevron may be cut into sections to avoid the interference of protrusions,
or its edges may be trimmed to permit fitment to the contour of the vehicle or its
equipment, but the chevron pattern shall be substantially maintained.
(b) If the design or construction of any motor vehicle does not allow a modified chevron to
be fitted thereto as contemplated in paragraph (a), at least 11 retro-reflectors shall be
fitted to such motor vehicle as shown in diagram A below, and in the case of a trailer the
gross vehicle mass of which does not exceed 3 500 kg, at least seven retro-reflectors
shall be fitted to such trailer as illustrated in diagram B below.
Provided that a trailer the gross vehicle mass of which does not exceed 3 500 kg may, in lieu of the
said seven retro-reflectors, be fitted with at least one triangular retro-reflector at each side no further
than 400 millimetre from the outer edge of the widest part of such trailer, that comply with the
requirements of standard specification SABS ECE R3 “The uniform provisions concerning the
approval of retro-reflecting devices for power-driven vehicles and their trailers.

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(4) Every warning sign required in terms of this regulation, to be displayed on a motor vehicle or
on a trailer referred to in subregulation (2), shall—
(a) be in an upright position or within 15 degrees of such position and face squarely to the
rear;
(b) be so placed that the lower edge thereof is not more than one comma one metres above
ground level: Provided that if, owing to the structure of the vehicle, it is impossible to fit
the warning sign at the prescribed height, it shall be fitted as near as possible to such
height;
(c) extend horizontally for such distance as is necessary to indicate the overall width of the
vehicle to which it is fitted to within 400 millimetres of either side: Provided that these
provisions shall not be applied to any chevron fitted in addition to the requirements of
this regulation; and
(d) be clean and in good condition and not be obscured to the extent that it will be rendered
ineffective.

Reg 192. Unlawful use of reflector or reflective material

(1) Subject to subregulation (2), no person shall operate on a public road a vehicle whilst a
reflector or reflective material fitted to such vehicle does not reflect a—
(a) white colour to the front of such vehicle;
(b) red colour to the rear of such vehicle;
(c) yellow colour to the side of such vehicle,
but, notwithstanding anything to the contrary contained in these regulations, a motor vehicle
manufactured, built or imported by a registered manufacturer, builder or importer may have a red

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retro-reflector fitted at the side towards the rear of such motor vehicle.
(2) The provisions of this regulation shall not apply in respect of—
(a) an ambulance, rescue vehicle, police vehicle, a vehicle driven by a traffic officer in the
execution of his or her duties and a fire-fighting vehicle;
(b) a number plate;
(c) a warning sign referred to in regulation 191;
(d) direction indicators referred to in regulation 326;
(e) a sign referred to in regulation 293(2) or 295(2); and
(f) retro-reflective material as contemplated in regulation 192A.
(3) Notwithstanding the provisions of subregulation (1) the pedals, pedal arms or spokes of a pedal
cycle shall, if such cycle is operated on a public road during the period between sunset and sunrise
and at any other time when, due to insufficient light or unfavourable weather conditions, persons and
vehicles upon the public road are not clearly discernible at a distance of 150 metres, be fitted with
yellow or white reflectors or reflective material.

Reg 192A. Side and rear retro-reflective material to be fitted to vehicles (contour or strip
marking)
(1) For the purposes of this regulation contour or strip marking means yellow side and rear retro-
reflective material that shall comply with SABS ECE R104 “Uniform provisions concerning the
approval of retro-reflective markings for heavy and long vehicles and their trailers”: Provided that–
(a) application for (paragraph 3 of SABS ECE R 104) and approval of paragraph 5 of SABS
ECE R104 shall not be required, but the letter “C” indicating contour marking as referred
to in paragraph 5.4.3.1 of SABS ECE R104 and the circle surrounding the letter “E”
followed by the distinguishing number of the country which has granted approval as
referred to in paragraph 5.4.1 of SABS ECE R104, shall be brought on to the retro-
reflective marking material; and
(b) that advertising consisting of retro-reflective logos, distinctive markings or letters or
characters may be used if it complies with the standard and used in conjunction with
contour markings, excluding strips denoting the manufacturer concerned.
(2) (a) a goods vehicle with a gross vehicle mass exceeding 3500 kilograms; shall be
permanently affixed with contour markings on the side and the rear of such vehicle and
the rear contour markings may not be affixed more than 600 millimetres from the lower
part of the body of such vehicle.
(b) a goods vehicle with a length of more than 7 metres shall be permanently affixed with
contour markings as contemplated in paragraph (a) from 1 July 2004.
(c) a trailer or caravan first registered on or after 1 January 2004 be permanently affixed
with side and rear contour markings, contemplated in paragraph (a).
(d) any trailer or caravan shall from 1 July 2006 be permanently affixed with side and rear
contour markings, as contemplated in paragraph (a).
(e) a bus first registered from 1 July 2004 shall be permanently affixed with side and rear
markings as contemplated in paragraph (a).
(f) any midibus or bus operating in terms of an operating licence issued in accordance with
the provisions of the NLTTA, shall from 04 September 2006, be permanently affixed with
side and rear markings as contemplated in paragraph (a).
(g) a minibus operating in terms of an operating licence issued in accordance with the
provisions of the NLTTA, first registered on or after 04 September 2006, and operating
in terms of an operating licence, be permanently affixed with side and rear markings as

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 contemplated in paragraph (a).
(h) any midibus operating in terms of an operating licence issued in accordance with the
provisions of the NLTTA shall from 1 January 2007 be permanently affixed with side and
rear markings as contemplated in paragraph (a); and
(i) a motor home first registered from 1 July 2007 shall be permanently affixed with contour
or strip marking as contemplated in paragraph (a).

Reg 193. Motor vehicle to be equipped with direction indicators

(1) No person shall operate on a public road any motor vehicle, other than a tractor or a trailer
drawn by a tractor, unless it is equipped on both sides with either the flasher type or illuminated
window-type direction indicators which comply with the provisions of regulation 194 or 195,
whichever the case may be: Provided that where a motor vehicle forms part of a combination of
motor vehicles and a direction indicator with which such motor vehicle is required to be equipped is
obscured by any trailer forming part of such combination, the trailer shall, subject to the provisions
of regulation 197, be deemed to be part of such motor vehicle.
(2) The provisions of subregulation (1) shall not apply in respect of—
(a) a motor cycle which, according to the registration certificate thereof, was registered for
the first time before 1 July 1976; or
(b) any motor vehicle which, according to the registration certificate thereof, is older than 40
years.

Reg 194. Direction indicators of flasher type

Direction indicators of the flasher type shall comply with the following requirements:
(a) Each indicator shall incorporate a lamp or lamps;
(b) when in use such lamp shall show an intermittently-flashing light of such intensity that it
is clearly visible in normal daylight at a distance of not less than 30 metres to a person
of normal eye-sight;
(c) the indicators shall be equidistant from the longitudinal centre-line of the motor vehicle
and as near as possible to, but not more than 500 millimetres from, the outer edge of the
front or rear of the motor vehicle;
(d) subject to the provisions of paragraph (e), the indicators shall be so mounted that they
are visible from the—
(i) rear, anywhere within an angle of 15 degrees inside and 45 degrees outside; and
(ii) front, anywhere within an angle of 45 degrees outside, of a line which is parallel to
the longitudinal centre-line of the vehicle and which passes through the centre of
the illuminated area of the indicator;
(dA) The indicator lamp shall not be fitted in such a manner that the lamp is higher than the
highest point of the roof of the vehicle to which such lamp is fitted;
(e) where it is not possible to comply with the provisions of paragraph (d) in the case of a
single indicator on any one side, one indicator shall be mounted towards the front and
one towards the rear so that one shall be visible from the front and the other from the
rear of the vehicle to which it is fitted within the limits prescribed by that paragraph;
(f) where any indicator is combined with or mounted within 150 millimetres of any lamp, the
intensity of the light emitted from the indicator shall be greater than that from such lamp;
and
(g) the indicator lamps when in use shall emit white, yellow or amber light to the front, and

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 yellow, amber or red light to the rear and any one indicator may emit light towards the
front and the rear simultaneously or emit light only to the front or only to the rear
according to its position on the vehicle.

Reg 195. Direction indicator of illuminated window-type

Direction indicators of the illuminated window type shall comply with the following requirements:
(a) Each indicator shall incorporate a lamp which, when in operation, shall emit a red, yellow
or amber light to the rear and of such intensity that it is clearly visible in normal daylight
at a distance of not less than 30 metres to a person of normal eyesight;
(aA) The indicator shall not be fitted in such a manner that the lamp is higher than the highest
point of the roof of the vehicle to which such lamp is fitted;
(b) the indicator shall be at least 150 millimetres long, 25 millimetres wide and arrow-shaped;
and
(c) the indicator shall be fitted to the rear of the vehicle.

Reg 196. Combination of different types of direction indicators

Notwithstanding anything contained in these regulations, the fitting of two direction indicators of one
of the types referred to in regulations 194 and 195 on the front half of a vehicle and two direction
indicators of another type referred to in the said regulations on the rear half of such vehicle shall be
permitted.

Reg 197. Direction indicators on motor vehicles with overall length in excess of 7,6 metres
(1) No person shall operate on a public road any motor vehicle or combination of motor vehicles
of an overall length in excess of seven comma six metres unless it is equipped on both sides towards
the front and towards the rear with the flasher type or illuminated window-type direction indicators
which complies with the provisions of regulation 194 or 195, whatever the case may be.
(2) The direction indicators towards the rear referred to in subregulation (1) shall, unless they are
the flasher type direction indicators, be—
(a) within 600 millimetres of the rear end of the vehicle; or
(b) in the case of a combination of motor vehicles, within 600 millimetres of the rear end of
the last vehicle of such combination.
(3) The provisions of this regulation shall not apply in respect of a tractor or a combination of motor
vehicles the drawing vehicle of which is a tractor.

Reg 198. General requirements for direction indicators

(1) Direction indicators shall be fitted at a height of not less than 450 millimetres and not more
than two comma one metres above ground level and shall be unobscured when in use: Provided
that—
(a) in respect of any flasher type direction indicator no minimum height shall apply; and
(b) a flasher type direction indicator fitted on the side of a motor vehicle shall not be more
than two comma three metres above ground level.
(2) If lamps are incorporated in direction indicators, the lamps showing to the front shall be located
on the same level and the lamps showing to the rear shall be located on the same level.
(3) Unless the direction indicators are so fitted that they are directly or by reflection visible to the
driver of the vehicle concerned when the driver is in the driving position, a device shall be provided

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whereby the driver shall be given visible or audible warning when the indicators are in operation.
(4) The direction indicators shall be so fitted that the indicators on one side can be operated
separately from those on the other side.
(5) (a) No person shall operate on a public road a motor vehicle, unless it is fitted with a separate
switch to operate all the direction indicators simultaneously.
(b) The provisions of paragraph (a) shall not apply to—
(i) a tractor;
(ii) a trailer;
(iii) a motor cycle;
(iv) a motor tricycle;
(v) a motor quadrucycle; or
(vi) any motor vehicle which according to the registration certificate thereof, was
registered for the first time before 1 January 1986.
(6) (a) The driver of a motor vehicle fitted with a separate switch to operate all the direction
indicators simultaneously, shall put into operation simultaneously all the direction
indicators fitted to such vehicle, when the vehicle is—
(i) stationary in a hazardous position; or
(ii) in motion in an emergency situation.
(b) The driver of a motor vehicle shall not put into operation simultaneously all the direction
indicators fitted to such motor vehicle in a circumstance other than those referred to in
paragraph (a).
(7) If more than one direction indicator is fitted to indicate any one turning movement all such
indicators shall be inter-connected so as to operate simultaneously.
(8) Direction indicators shall be maintained in good working order.
(9) All lamps of direction indicators shall, when in use, emit diffused light.
(10) A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate
temporary set of direction indicators which is coordinated with the working of the direction indicators
of the breakdown vehicle while such motor vehicle is so towed.

Reg 199. Prohibition of use of direction indicator not complying with regulations
The driver of a motor vehicle on a public road shall not make use of any direction indicator not
complying with the provisions of these regulations.

Reg 200. Steering gear

(1) No person shall operate on a public road a motor vehicle—
(a) unless all parts of the steering gear are maintained in a condition which enables the
vehicle to be steered safely and efficiently;
(b) unless, in addition to the requirements of paragraph (a), all parts of the steering
mechanism are so adjusted that, unless otherwise designed by the manufacturer, the
amount of movement which the steering wheel makes before the steering gear becomes
effective in changing the direction of the steerable wheels from a position where such
wheels are parallel to the longitudinal centre-line of the vehicle to the right or left, is no
more than 12,5 per cent of the outside circumference of the steering wheel (that is to
say, 45 degrees); and

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 (c) which is fitted with an anti-theft device which enables the steering wheel to be
disengaged or disconnected from the steering mechanism of the vehicle.
(2) (a) Subject to paragraphs (b), (c) and (d), no person shall operate on a public road a motor
vehicle the steering wheel of which is on the left hand side.
(b) Paragraph (a) does not apply in respect of a motor vehicle which was registered or
licenced in the Republic into any persons name before 23 July 2004;
(c) paragraph (a) does not apply in respect of:
(i) a vehicle built or imported by a registered builder or importer for the purpose of
export, testing, assessment or development, if such vehicle is operated on a
public road under an exemption in terms of section 81 of the Act;
(ii) a vehicle manufactured by a registered manufacturer for the purpose of
export;
(iii) a vehicle manufactured by a registered manufacturer for the purpose of
testing, assessment or development; or
(iv) a vehicle which is a specialised fire fighting vehicle or heavy duty crane with a
GVM over 24 000 kg and having 3 or more axles.
(d) the provisions of paragraph (a) shall not apply in respect of a motor vehicle referred to in
regulation 4(1), 4(2), 21(1)(e), 21(1)(f), 21(1)(g) and 21(1)(h).
(e) the owner of a motor vehicle referred to in subregulation (2)(b) may dispose of or transfer
ownership of such motor vehicle and such motor vehicle shall be registered in the name
of a new owner.
(3) No person shall operate on a public road a motor cycle—
(a) unless the handlebars thereof are symmetrically placed in relation to the longitudinal
centre-line of the cycle;
(b) unless the distance between the outside edges of the handlebars is at least 600
millimetres in respect of a motor cycle with an engine with a cylinder capacity of 200
cubic centimetres or more and at least 500 millimetres in respect of all other motor cycles;
or
(c) of which the outer ends of the handgrips on the handlebars are—
(i) higher than 500 millimetres above the seat height; or
(ii) lower than the seat height,
and more than 800 millimetres apart.

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 No. R. 96 12 May 2010

NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO.93 OF 1996)

EXEMPTION OF MOTOR VEHICLES FROM COMPLYING WITH THE PROVISIONS OF REGULATIONS 3, 4

OR REGULATION 200(2)(a) OF THE NATIONAL ROAD TRAFFIC REGULATIONS, 2000 UNDER THE
NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO 93 OF 1996)

I S'busiso Joel Ndebele, Minister of Transport, acting in terms of section 75 of the National Road Traffic Act, 1996
(Act No. 93 of 1996) hereby grant exemption to motor vehicles imported into the Republic only for the purposes of
2010 FIFA Soccer World Cup Tournament from the 25 May 2010 to the 25 July 2010, from complying with the
provisions of regulations 3, 4 or 200(2) (a) of the National Road Traffic Regulations, 2000 under the NRTA.

The exemption shall apply only to motor vehicles imported solely for the purposes of transportation of FIFA
dignitaries and broadcasting for the 2010 FIFA Soccer World Cup Tournament, and shall apply only until the 25
July 2010.
(Signed)
S'busiso Joel Ndebele
MINISTER OF TRANSPORT
Date: 2010-05-06

Reg 201. Warning devices

(1) Subject to the provisions of sections 58 (3) and 60 of the Act, no person shall operate on a public
road—
(a) a self-propelled motor vehicle, unless it is equipped with an efficient warning device
which is in good working order and, when used, capable of emitting a sound which, under
normal conditions, is clearly audible by a person of normal hearing from a distance of at
least 90 metres;
(b) a pedal cycle, unless it is equipped with an efficient warning device which is in good
working order and, when used, capable of giving adequate warning of its approach;
(c) a vehicle to which a siren is fitted; or
(d) a vehicle to which a device is fitted which emits a sound of which the tone of pitch varies:
Provided that the provisions of paragraph (c) and (d) shall not apply to a motor vehicle to which an
anti-theft device which incorporates a siren is fitted, or to a fire-fighting vehicle, a fire- fighting
response vehicle, a rescue vehicle, an emergency medical response vehicle, ambulance or a vehicle
driven by a traffic officer in the carrying out of his or her duties, or to a vehicle driven by a person
while he or she is responding to a disaster as contemplated in the Disaster Management Act, 2002
(Act No. 57 of 2002).
(2) The device referred to in paragraph (b) of the proviso to sections 58 (3) and 60 (b) of the Act
shall be capable of emitting a sound of which the tones of pitch shall—
(a) be—
(commonly known as the “Klaxon”)
(b) sweep rapidly between 400 and 1 500 Hertz at a rate of between 120 and 180 cycles per
minute (commonly known as the “yelp”); or
(c) sweep slowly between 400 and 1 500 Hertz at a rate of between six and nine cycles per
minute (commonly known as the “wail”).

Reg 202. Glass of windscreen, window and partitions

(1) No person shall operate on a public road any motor vehicle having a windscreen, window or
partition made of transparent material—
unless such material affords the driver sufficient visibility for safe driving of such vehicle;

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 (b) unless in the case of a windscreen, other than a windscreen fitted to a motor cycle or
motor tricycle, such transparent material—
(i) is glass; and
(ii) in respect of a motor vehicle which, according to the registration certificate thereof
was registered for the first time after the year 1958, complies with the provisions of
paragraph (a) even when shattered; and
(c) unless, in respect of a motor vehicle which, according to the registration certificate
thereof, was registered for the first time after the year 1958, such transparent material is
safety glass and every pane thereof is permanently marked with the name or trade mark
of the manufacturer thereof or the trade name of the glass and is clearly identifiable as
safety glass by a permanent mark indicating it as such.
(2) Notwithstanding the provisions of paragraphs (b) and (c) of subregulation (1), the transparent
material—
(a) with which—
(i) a window in the roof of a motor vehicle;
(ii) a window or partition of a bus or a minibus; or
(iii) a window or partition of a semi-trailer designed or adapted for the conveyance of
passengers,
is made, may consist of ultrahigh impact acrylic or polycarbonate plastic material where
each pane thereof is permanently marked with the name or trademark of the
manufacturer thereof or the trade name of the material and such material is clearly
identifiable as ultrahigh impact acrylic or polycarbonate plastic material by a permanent
mark describing it as such;
(b) with which a window or partition or a removable or collapsible hood or canopy of a motor
vehicle is made, may consist of a flexible plastic material; and
(c) with which a window or partition of a trailer, not designed or adapted for the conveyance
of passengers, is made, may in the case where such trailer, according to the registration
certificate thereof—
(i) was registered for the first time before 1 January 1987, consist of acrylic or
polycarbonate plastic material or of glass; or
(ii) was registered for the first time on or after 1 January 1987, consist of acrylic or
polycarbonate plastic material.
(3) No person shall operate on a public road any motor vehicle—
(a) unless the visible light transmittance through—
(i) the windscreen is at least 70 percent; and
(ii) any other window is at least 35 percent,
when measured in accordance with paragraph 6.3 of the standard specification SABS
1191 “Safety glass for windows”;
(b) unless any film or tinting material applied to any windscreen, window or partition is free
from bubbles, tears or scratches; and
(c) if, from 1 January 2000, any material or film, with a textured surface, displaying a picture
or graphics is applied to the rear window that covers more than one-eight of such rear
window, or windscreen or a side window.
(4) The provisions of subregulation (3) (a) (ii) shall not apply to an ambulance or a hearse or to
windows complying with SABS ECE R43.

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Reg 203. Windscreen wiper
No person shall operate on a public road a motor vehicle with a windscreen which is not fitted with
at least one windscreen wiper which shall be capable of operation by other than manual means and
shall, when in operation, wipe the outside of the windscreen directly in front of the driver,
continuously, evenly and adequately: Provided that the provisions of this regulation shall not apply
to a motor cycle, a motor tricycle or a motor quadrucycle without a fixed hood.

Reg 204. Driving view to be unobstructed

(1) No person shall operate on a public road a motor vehicle—
(a) which is not so constructed and maintained as to afford the driver thereof a full and clear
view of the roadway ahead and to his or her right and left when the vehicle is in use;
(b) which is not fitted with a rear-view mirror or mirrors enabling the driver of such vehicle,
when he or she is in the driving position, to see in clear weather a clear reflection of traffic
to the rear: Provided that the provisions of this paragraph shall not apply in respect of a
tractor;
(c) which is a motor car, minibus, bus or goods vehicle, the gross vehicle mass of which
does not exceed 3 500 kilograms and which, according to the registration certificate
thereof, was registered for the first time on or after 1 January 1987, unless it is fitted with
an exterior rear-view mirror on the driving side and an interior rear-view mirror: Provided
that where the interior rear-view mirror does not enable the driver, when he or she is in
the driving position, to see in clear weather, a clear reflection of traffic to the rear, an
additional exterior rear-view mirror shall be fitted on the side opposite to the driving seat
and in such a case it shall not be necessary to fit an interior rear-view mirror;
(d) which is a mini-bus, bus or goods vehicle, the gross vehicle mass of which exceeds 3
500 kilograms and which, according to the registration certificate thereof, was registered
for the first time on or after 1 January 1987, unless it is fitted with an exterior rear-view
mirror on the driving side and an exterior rear-view mirror on the side opposite to the
driving seat; or
(e) which is a motor cycle, a motor tricycle or motor quadrucycle unless it is fitted with a rear-
view mirror on the right side of the handlebars thereof, and such cycle shall also be fitted
with a rear-view mirror on the left side of its handlebars.
(2) Every rear-view mirror of a motor vehicle—
(a) which—
(i) is a motor car, minibus, bus or goods vehicle, the gross vehicle mass of which does
not exceed 3 500 kilograms and which, according to the registration certificate
thereof, was registered for the first time on or after 1 January 1976; or
(ii) is a minibus, bus or a goods vehicle, the gross vehicle mass of which exceeds 3
500 kilograms and which, according to the registration certificate thereof, was
registered for the first time during the period 1 January 1976 to 31 December 1986,
shall be either flat or spherically convex and have an average radius of curvature of not less than
one comma two metres; or
(b) contemplated in subregulation (1)(d) shall be either flat or spherically convex and have
an average radius or curvature of not less than one comma eight metres.

Reg 205. Fuel tank, electrical wiring and battery

No person shall operate on a public road a motor vehicle—
(a) if the fuel tank, carburettor, fuel receptacle or fuel pipe thereof is defective or so exposed

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 that it constitutes a source of danger;
(b) if the filling orifice of the fuel tank is not fitted with an effective cap; or
(c) unless the electrical wiring and battery are properly installed, insulated and maintained
so that such wiring and battery do not constitute a source of danger.

Reg 206. Engine of motor vehicle to be covered

No person shall operate on a public road a motor vehicle, other than a motor cycle or other cycle,
unless the engine thereof is so covered as not to be a source of danger.

Reg 207. Compulsory wearing of protective helmet

(1) No person shall drive or be a passenger on a motor cycle, motor tricycle or a motor
quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless
he or she is wearing a protective helmet—
(a) which is specially designed for use in connection with such cycle; and
(b) which fits him or her properly and of which the chin strap is properly fastened under the
chin.
(2) After expiry of three years from the date of commencement of this regulation, no person shall
drive or be a passenger on a pedal cycle on a public road unless he or she is wearing a protective
helmet which fits him or her properly and of which the chin straps is properly fastened under the chin.
(date 5 October 2004)
(3) The driver of a motor cycle, motor tricycle, motor quadrucycle or pedal cycle shall ensure that
any passenger in or on such cycle who is younger than 14 years, complies with the provisions of
subregulation (1) or (2), as the case may be.
(4) Notwithstanding the provisions of subregulations (1) and (3), the driver and passengers of a
motor cycle—
(a) equipped with a seatbelt anchorages that comply with the requirements of standard
specification SABS 1430 “Motor vehicle safety - anchorages for restraining devices in
motor vehicles”, for the driver and passengers (if any);
(b) the engine of which can not move unless the driver and passengers (if any), of the motor
cycle wears the seatbelt referred to in paragraph (a); and
(c) that complies with the requirements of annex II of the standard specification SABS 1440
“Motor vehicle safety - The steering mechanism of motor vehicles (M1 only) - behaviour
on impact,
may drive or be passengers on such motor cycle on a public road while not wearing a protective
helmet.

Reg 208. Manner in which side-car to be attached to motor cycle

No person shall operate on a public road a motor cycle with side-car, unless such side-car is attached
to the left side of the motor cycle in such a manner that the centre-line of the axle of the side-car is
within the wheelbase of the motor cycle: Provided that no side-car shall be attached to a motor cycle
having an engine with a cylinder capacity of less than 50 cubic centimetres.

Reg 209. Exhaust silencers and exhaust pipes

No person shall operate on a public road a motor vehicle—

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 (a) unless an efficient exhaust silencer or muffling device is affixed thereto in such a manner
that the exhaust gas from the engine is projected through such silencer or muffling
device, which shall be so constructed as to reduce and muffle in an effective manner the
sound produced by such exhaust;
(b) if any mechanism or device is attached thereto enabling the exhaust gas from the engine
of such motor vehicle to be projected otherwise than through the silencer or muffling
device referred to in paragraph (a);
(c) if the exhaust gas or smoke from the engine is so dense as to cause a nuisance to, or
obstruct the vision of other road users;
(d) if the exhaust pipe or silencer thereof is in such a position that oil or other flammable
liquid or material can drip or fall onto it, or is not in efficient working order, or is so placed
and maintained that exhaust gas or smoke leaks into the driving cab or passenger
compartment of the vehicle; and
(e) which, when tested, exceeds the limits prescribed in code of practice SABS 0181 “The
Measurement of Noise Emitted by Road Vehicles when Stationary”.

Reg 210. Entrances and exits

(1) (a) No person shall operate on a public road a motor vehicle with a fixed hood and a tare in
excess of 570 kilograms unless such vehicle has at least—
(i) a convenient means of entrance and exit on both the left side and the right side; or
(ii) such means of entrance and exit on either the left side or the right side and a ready
means of escape on the side opposite to such means of entrance and exit or at the
rear, for the occupants thereof.
(b) A motor vehicle with a fixed hood and a tare in excess of 570 kilograms that is conveying
passengers in a separate compartment, and—
(i) which does not comply with the provisions of paragraph (a)(i) or (a)(ii); or
(ii) which does not afford such passengers unobstructed access to the driving
compartment,
shall have at least a convenient means of entrance and exit at the rear for such passengers.
(2) An entrance and exit and a means of escape referred to in subregulation (1), shall be protected
with a door or other effective barrier: Provided that a means of entrance and exit at the rear of a
motor vehicle need not be so protected.
(3) A door or barrier contemplated in subregulation (2) or a door or other barrier with which a
means of entrance and exit at the rear of a motor vehicle is protected, shall be—
(a) capable of being opened and closed from both the outside and the inside; and
(b) closed and clear of any obstruction when the vehicle is in motion:
Provided that the provisions of paragraph (a) shall not apply to a means of escape which has a
barrier which is capable of being opened by being knocked out.
(4) The provisions of this regulation shall not apply to a mini-bus, bus or the separate compartment
of a motor vehicle in which prisoners are conveyed.

Reg 211. Motor vehicle to be capable of travelling backwards and forwards

No person shall operate on a public road a motor vehicle, other than a motor cycle, motor tricycle or
motor quadrucycle, the tare of which exceeds 570 kilograms, unless it can be driven backwards and
forwards.

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Reg 212. Tyres
No person shall operate on a public road—
(a) a motor vehicle, other than a tractor or trailer, which is equipped with a metal tyre;
(b) a tractor or trailer, other than an animal-drawn vehicle, which is equipped with a metal
tyre of less than 130 millimetres in width;
(c) an animal-drawn vehicle which is equipped with a metal tyre less than 40 millimetres in
width;
(d) a vehicle which is equipped with a metal tyre unless the whole width of the tread of the
tyre is at all times in direct contact with the surface of the road;
(e) a vehicle which is equipped with a tyre which is in such a state of disrepair or in such a
condition that it may cause or is likely to cause damage to the road surface or may be or
is likely to be a danger;
(f) a motor vehicle which is equipped with a pneumatic tyre of which the rubber covering is
so worn or damaged that the fabric or cord used in the construction of such tyre is
exposed;
(g) a motor vehicle of which a tyre is so constructed and fitted that the metal part of the
wheel to which such tyre is fitted may come into contact with the road surface;
(h) a motor cycle which is equipped with a retreated tyre;
(i) a motor vehicle which is equipped with a regrooved tyre having a bead diameter of 430
millimetres or less;
(j) a motor vehicle—
(i) which is fitted with a pneumatic tyre unless such tyre displays throughout, across
its breadth and around its entire circumference, a pattern which is clearly visible,
and has a tread of at least one millimetre in depth; or
(ii) which is fitted with a pneumatic tyre which contains a tyre tread depth indicator, if
the tread is level with the tyre tread depth indicator:
Provided that this paragraph shall not apply in respect of a motor cycle with an engine
which has a cylinder capacity not exceeding 50 cubic centimetres, or a trailer drawn by
a tractor at a speed not exceeding 40 km/h;
(k) a motor cycle with an engine having a cylinder capacity not exceeding 50 cubic
centimetres, which is fitted with a pneumatic tyre which does not at any position on the
tread thereof have a visible tread pattern over at least 80 per cent of the full width of the
tread;
(l) a motor vehicle which is equipped with a pneumatic tyre which has a break in its fabric
or which has a cut, measured in any direction on the outside of the tyre and of such depth
that it reaches the cords used in the construction of such tyre, in excess of 25 millimetres
or 10 per cent of the maximum width of the tyre, whichever is the greater; or
(m) a motor vehicle which is equipped with a pneumatic tyre which has a lump or bulge
caused by the separation of or a partial break in its structure.
(n) A minibus, midibus, or bus operating in terms of an operating licence issued in
accordance with the provisions of the NLTTA, unless such minibus, midibus or bus is
fitted with commercial steel radial tyres; and
(o) A minibus, midibus or bus operating in terms of an operating licence issued in
accordance with the provisions of the NLTTA unless such minibus, midibus or bus is
fitted with a vehicle directional stability control devise.

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 (Paragraph o is not in force)

Reg 213. Seatbelts

(1) For the purpose of this regulation—
(a) an adult is a person over the age of 14 years or taller than one comma five metres;
(b) a child is a person between the age of three years and 14 years, except where such
person is taller than one comma five metres;
(c) an infant is a person below the age of three years.
(2) Any reference to a safety belt in these regulations shall be construed as a reference to a seat
belt.
(3) (a) Motor vehicles which are required to be fitted with seatbelts in terms of the relevant
requirements as contemplated in regulation 216, shall be fitted with seatbelts in
accordance therewith.
(b) In addition to the requirements of paragraph (a), no person shall operate a minibus the
gross vehicle mass of which exceeds 2 500 kg, unless seatbelts are fitted to the space
on the front seat occupied by the driver, and if such front seat has seating
accommodation for passengers, unless seatbelts are fitted for the driver and at least one
passenger.
(c) No person shall operate a motor vehicle on a public road unless the seatbelts fitted to
such motor vehicle are in good working order.
(d) Seatbelts fitted to a motor vehicle may only be removed for repair or replacement
purposes and such motor vehicle may not be used on a public road while such seatbelts
are being repaired or replaced.
(e) In addition to the requirements of paragraph (a), no person shall operate a minibus or
midibus, first registered after 04 September 2006, operating in terms of an operating
licence, unless seatbelts are fitted for every seat in the motor vehicle.
(f) the belt configuration for a seat in the rear of a motor vehicle shall be a 2-point belt
or a 3-point belt, with anchorages in accordance with SANS 1430: Anchorages for
restraining devices in motor vehicles", and installed in accordance with SANS "
10168: Installation of safety devices (Safety belts in motor vehicles).
(4) No adult shall occupy a seat in a motor vehicle operated on a public road which is fitted with a
seatbelt unless such person wears such seatbelt: Provided that the provisions of this regulation do
not apply while reversing or moving in or out of a parking bay or area.
(5) No adult shall occupy a seat on a row of seats in a motor vehicle operated on a public road
which is not fitted with a seatbelt, unless all other seats on such row which are fitted with seatbelts,
are already occupied.
(6) The driver of a motor vehicle operated on a public road shall ensure that a child seated on a
seat of the motor vehicle—
(a) where it is available in the motor vehicle, uses an appropriate child restraint; or
(b) if no child restraint is available, wears the seatbelt if an unoccupied seat which is fitted
with a seatbelt is available.
(6A) The driver of a motor vehicle operated on a public road shall ensure that an infant traveling in
such a motor vehicle is seated on an appropriate child restraint: Provided that this provision shall not
apply in a case of a minibus, midibus or bus operating for reward.
(7) If no seat, equipped with a seatbelt is available in a motor vehicle the driver of the motor vehicle
operated on a public road shall ensure that a child shall, if such motor vehicle is equipped with a rear
seat, be seated on such rear seat.

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(8) (a) A seatbelt shall comply with the standard specification SABS 1080 “Restraining devices
for occupants of adult build in motor vehicles (Revised requirements)” and bear a
certification mark or approval mark.
(b) A child restraint shall comply with the standard specification SABS 1340 “Child
restraining devices in motor vehicles” and bear a certification mark or approval mark.
(9) The MEC may exempt a person from the provisions of this regulation on such
medical grounds and under such conditions he or she may deem expedient.
(10) An exemption from wearing a seatbelt in a prescribed territory shall be deemed to be an
exemption in terms of subregulation (9) for the period of validity thereof.
(11) The driver of a motor vehicle shall ensure that all persons travelling in such motor vehicle shall
wear a seat belt as contemplated in this regulation.
► Comment: This regulation stipulates that –
❑ children under three must be in a child restraint – referred to as an infant;
❑ if there is a suitable child restraint in the vehicle, a child must sit in it;
❑ children between 3 and 14 years must sit in a seatbelt – if there is a seat with a seatbelt that
is open, a child must sit in it anywhere in the vehicle;
❑ an adult (over 14 years) must sit in a seat with a seatbelt on the row of seats in which he is
sitting. He does not have to move to another row in order to sit in a seat with a seatbelt.

Reg 214. Emergency warning signs (Triangles)

(1) For the purpose of this regulation –
the expression “motor vehicle” excludes an ambulance or motor-car first registered before 1
July 2006, a motor cycle, motor tricycle or a motor quadrucycle;
“reflective material” means reflective material which under all circumstances is capable of
reflecting light; and
(1A) No person shall operate on a public road —
(a) a goods vehicle, minibus or bus, first registered before 1 July 2007 and with a gross
vehicle mass of 3500 kilograms or less, unless there is carried on such a vehicle at least
one emergency warning sign, which—
(i) is a double sided sign having the shape, design, minimum dimensions and
colours as illustrated hereunder and of which the red portion on each side—
(aa) shall consist of red reflective material; or
(bb) shall be painted red and have retro-reflectors in each corner; or
(ii) is an emergency sign contemplated in paragraph (b);

(b) any other motor vehicle, unless there is carried on such vehicle at least one emergency
warning sign which is a warning sign complying with the requirements of standard
specification SABS 1329 "Retro-reflective and Fluorescent Warning Signs for Road

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 Vehicles" Part 1: "Triangles or UN ECE Regulation 27 "Uniform provisions for the
approval of advance-warning triangles" and bears a certification mark.

Provided that in the case of a combination of motor vehicles, the emergency warning sign for every
motor vehicle of such combination may be carried on the drawing vehicle.

(2) Where a motor vehicle is for any reason stationary on the roadway or the shoulder of a public
road, the driver of such vehicle shall display or cause to be displayed at least one emergency warning
signs in the manner contemplated in subregulation (4).
(3) No person shall, without lawful cause, remove or tamper with any emergency warning sign,
which is being displayed in accordance with the provisions of this regulation.
(4) At least one emergency warning sign shall be displayed in the following manner:
(a) The sign shall be placed not less than 45 metres from the motor vehicle along the
roadway of the public road concerned in the direction from which traffic will approach
such vehicle when travelling on the side of the roadway closest to such motor vehicle;
(b) the sign shall be placed approximately as far from the edge of the roadway as the
transverse centre of the motor vehicle is from the edge of the roadway; and
(c) the reflective side of the sign shall face in the direction from which any traffic will
approach.
(5) The provisions of subregulation (2) shall not apply where a motor vehicle is stationary—
(a) in a place where a road traffic sign authorises the loading or unloading of a vehicle;
(b) in compliance with any direction conveyed by a road traffic sign or given by a traffic
officer;
(c) on account of other traffic on the public road concerned and while the driver occupies
the driving seat of such motor vehicle; or
(d) in the course of events accompanying the carrying out of a State or municipal function.
► Comment: REGULATION 214
All motor vehicles except those listed in paragraph (1) (a) must carry a warning triangle. Motor cars
are also included from 1 July 2006.

Reg 215. Speedometers

(1) No person shall operate on a public road a motor vehicle which is designed for or capable of
reaching a speed of 60 kilometres per hour or more on a reasonably level road, unless such vehicle
is equipped with a speedometer which is in a good working order.
(1A) No person shall operate a–
(a) minibus;
(b) midibus;
(c) bus, or
(d) goods vehicle the gross vehicle mass of which exceeds 3 500 kilograms,
first registered after 1 December 2016, unless such minibus, midibus, bus or goods vehicle is fitted
with a speed governor, restricting the speed of such motor vehicle to the speed limits as
contemplated in regulation 293.
(2) The provisions of subregulation (1) shall not apply to—
(a) a trailer; or

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 (b) ….. (deleted)

Reg 216. Motor vehicles operated on public road to comply with compulsory vehicle
specifications
(1) A motor car, mini-bus, bus or goods vehicle fitted with at least four wheels, or a trailer, operated
on a public road, shall comply with the relevant requirements as specified in the Government Notices
issued in terms of section 22 of the Standards Act, 1993 (Act No. 29 of 1993) and listed in Annex A
to code of practice SABS 047: “The testing of motor vehicles for roadworthiness”.
(2) No person shall operate on a public road a motor vehicle unless all the equipment required to
be on such motor vehicle in terms of subregulation (1), is fitted to such vehicle and in good working
order.
(3) Notwithstanding anything pertaining to the extent of the application of the requirements
referred to in subregulation (1), any motor vehicle design or any design of a motor vehicle
modification submitted to the inspectorate of manufacturers, builders and importers in terms of
regulation 43, shall comply with the requirements relevant to such motor vehicle design or any design
of a motor vehicle modification.

Reg 217. Wheel flaps

(1) After 1 July 1999, no person shall operate a trailer with a gross vehicle mass exceeding 3 500
kg, or a bus or goods vehicle with a gross vehicle mass exceeding 7 500 kg, on a public road unless
it is fitted with wheel flaps—
(a) which are properly maintained and approved by the vehicle manufacturer; or
(b) which comply with standard specification SABS 1496 “Wheel flaps fitted to motor
vehicles”.
(2) The provisions of subregulation (1) shall not apply to—
(a) a chassis or a cab and chassis which is being driven to a manufacturer, builder or motor
dealer;
(b) a truck-tractor or a haulage tractor; or;
(c) a vehicle which complies with the provisions of standard specification SABS 1496 “Wheel
flaps fitted to motor vehicles”, due to its design.

Reg 218. Rear underrun protection device

Subject to such exemptions as may be provided for under any specification as referred to in
regulation 216, a rear underrun protection device which complies with the standard specification
SABS 1055 “Rear underrun protection devices”, shall be fitted to—
(a) a trailer the gross vehicle mass of which exceeds 3 500 kg, first registered on or after 1
January 1988;
(b) any other goods vehicle the gross vehicle mass of which exceeds 12 000 kg, first
registered on or after 1 January 1988,
but after 1 January 2000, such rear underrun protection device shall be fitted to any trailer the gross
vehicle mass of which exceeds 3 500 kg and any goods vehicle the gross vehicle mass of which
exceeds 12 000 kg.

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Reg 219. Axle or axle unit to be fitted to semi-trailer
A semi-trailer first registered on or after 1 July 1999, shall be fitted with only one axle or one axle
unit, which axle unit shall be fitted with suspension of one type only namely either air suspension,
steel suspension, or rubber suspension.

Reg 220. Certain vehicles exempt from certain provisions of this Part
(1) Except for a breakdown vehicle, any vehicle, which is a drilling machine, a mobile crane, a fork
lift, a straddle truck, a road making machine, an earthmoving machine, an excavation machine, a
construction machine or a loading machine, is exempt from the provisions of this Part, except for the
provisions of regulations 149, 149A, 151, 153, 154, 155, 156, 200, 202, 203, 204, 205, 209, 210,
211 and 212: Provided that—
(a) no such vehicle shall be operated on the roadway of a public road during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road are not
clearly discernible at a distance of 150 metres;
(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle,
and where possible, drive it off the roadway if it be necessary in order to allow other
vehicular traffic to pass;
(c) no such vehicle, other than a mobile crane which is operated for the purpose of removing
any hazard or obstruction on a freeway, shall be operated on a freeway.
(2) Any vehicle, including a tractor, which is not a goods vehicle and which is used solely for bona
fide agricultural, horticultural, viticultural or pastoral pursuits and when operated on a public road,
shall, except for the provisions of regulations 149, 149A, 151, 153, 154, 155, 156, 200, 202, 203,
204, 205, 209, 210 and 212, be excluded from the provisions of this part: Provided that—
(a) no such vehicle shall be operated on the roadway of a public road during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road would not
be clearly discernible at a distance of 150 metres;
(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle
and, where possible, drive it off the roadway if it be necessary in order to allow other
vehicular traffic to pass;
(c) no such vehicle shall be operated on a freeway.
(3) A motor vehicle manufactured before 1965 is exempt from any provisions of this Part in so far
as the fitment of the equipment required in terms of this Part will alter the original design and
equipment of such motor vehicle.

Dimensions of vehicles
Reg 221. Overall length of vehicle
No person shall operate on a public road—
(a) a trailer which is coupled to a drawing vehicle in such a manner that the trailer and the
drawing vehicle cannot swivel in a horizontal plane at the coupling, if the overall length
including any drawbar or coupling exceeds one comma eight metres;

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 (b) a trailer with one axle or one axle unit, other than a semi-trailer—
(i) the gross vehicle mass of which exceeds 12 000 kilograms, if the overall length of
such trailer, excluding any drawbar or coupling, exceeds 11,3 metres; or
(ii) the gross vehicle mass of which does not exceed 12 000 kilograms, if the overall
length of such trailer, excluding any drawbar or coupling, exceeds eight metres;
(c) a trailer not referred to in paragraph (b), excluding a semi-trailer, the gross vehicle mass
of which exceeds 12 000 kilograms, if the overall length of such trailer, excluding any
drawbar or coupling, exceeds 12,5 metres;
(d) an articulated motor vehicle or any other combination of motor vehicles consisting of a
drawing vehicle and a semi-trailer, if the overall length of such motor vehicle or
combination of motor vehicles, including any drawbar or coupling, exceeds 18,5 metres;
(e) a bus-train, if the overall length thereof exceeds 22 metres; Provided that in the case
of a rapid transport bus-train, the limit on the overall length shall not exceed 26
metres

(eA) a bus, if the overall length thereof exceeds 15 metres;

(f) any other vehicles, excluding a semi-trailer, if the overall length thereof, including any
drawbar or coupling, exceeds 12,5 metres; or
(g) any other combination of motor vehicles, if the overall length thereof, including any
drawbar or coupling, exceeds 22 metres: Provided that the provisions of this paragraph
shall not apply to a breakdown vehicle while towing another motor vehicle.

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Provided that equipment fitted to the front of a vehicle to protect its bodywork and lighting equipment
and that increases the overall length of that vehicle by not more than 300 millimetres, shall not be
taken into account for the purpose of calculation of the overall length of a vehicle: Provided further
that the said protection equipment does not include the bumper fitted by the manufacturer of the
motor vehicle concerned.

Reg 222. Restriction on combination of motor vehicles

(1) Subject to subregulation (3), no person shall operate on a public road any combination of motor
vehicles—
(a) other than a drawing vehicle and one or two trailers;
(b) other than a motor vehicle drawing one other motor vehicle which is not a trailer; and
(c) other than a motor vehicle drawing another motor vehicle which is not a trailer, and a
trailer, in the case of an emergency or a breakdown.
(2) Subject to subregulation (3), no person shall operate on a public road a combination of motor
vehicles—
(a) consisting of a trailer attached to a drawing vehicle in such a manner that the combination
of trailer and drawing vehicle cannot bend in a horizontal plane, if the combined length
of such trailer, including any drawbar or coupling and the rear overhang of the drawing
vehicle, exceeds three comma one metres;
(b) consisting of a trailer or trailers attached to a drawing vehicle if the length of the drawbar
of any trailer in such combination, where such trailer has more than one axle, exceeds
two metres: Provided that in the case of an underslung coupling, the drawbar may
exceed two metres if the distance between the two vehicles does not exceed two comma
five metres.
(3) Subject to regulation 239(2), any combination of vehicles may be towed by a breakdown
vehicle if the brake system of the towed combination, excluding the drawing vehicle of such
combination, is functional and coordinated with the working of the brakes of the breakdown vehicle.
(4) For the purposes of paragraph (a) of subregulation (1), a converter dolly shall, when used in
combination with a semi-trailer, be deemed not to be a trailer.
(5) Notwithstanding anything contained in this regulation, no person shall use a breakdown vehicle
or motor vehicle, that must display the information referred to in regulation 245(1)(b)(v), to tow or
draw another vehicle on a public road, unless such information is displayed in terms of regulation

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245 on such breakdown vehicle or motor vehicle.

Reg 223. Overall width of vehicle

No person shall operate on a public road—
(a) a bus of which the distance between the centre-lines of the tyres of the two front wheels
exceeds one comma nine metres, if the overall width of such bus exceeds two comma
six metres;
(b) a goods vehicle the gross vehicle mass of which is 12 000 kilograms or more, if the
overall width thereof exceeds two comma six metres; or
(c) any other vehicle, if the overall width thereof exceeds two and a half metres.

Reg 224. Overall height of vehicle and load

No person shall operate on a public road a motor vehicle together with any load thereon, the overall
height of which—
(a) in the case of a double-deck bus exceeds four comma six five metres; and
(b) in the case of any other motor vehicle exceeds four comma three metres.
Regulation 224 - [Government Gazette No: 34621, Notice number 776, dated 20 September 2011]
EXEMPTION OF MOTOR VEHICLES THAT DO NOT COMPLY WITH THE HEIGHT RESTRICTION IN TERMS OF
THE NATIONAL ROAD TRAFFIC ACT, 1996.
I, S'busiso Joel Ndebele, Minister of Transport, acting in terms of section 75(1)(d) of the National Road Traffic Act, 1996,
exempt the operation of motors vehicles transporting an ISO Container from complying with the provision of regulation
224(b) of the National Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act No. 93 of 1996) for
the period of 7 (seven) years effective from the date of publication of this Notice until 1 January 2019.
(Signed), S'busiso Joel Ndebele, MINISTER OF TRANSPORT
[Government Gazette No: 42120, Notice number 1392, dated 19 December 2018]
I, Dr B. E Nzimande, Minister of Transport, acting in terms of section 75(1)(d) of the National Road Traffic Act, (Act No.93
of 1996), do hereby exempt the operation on the public roads of motor vehicles transporting ISO Containers from complying
with the provisions of regulation 224(b) of the National Road Traffic Regulations,2000 under the National Road Traffic Act,
1996 (Act No.93 of 1996) for a period of one year effective from 2 January 2019 until 1 January 2020.
The moratorium is to suspend the application of punitive measures and calling on all Law Enforcement Agencies to collect
data of motor vehicles transporting ISO Containers.
(Signed)
Dr. B. E Nzimande, MP, Minister of Transport
GN 1725: Gazette No. 48348 dated 31 March 2023
I, Ms. Sindisiwe Chikunga, Minister of Transport, acting in terms of section 75(1)(d) of the National Road Traffic Act,
1996, do hereby exempt the operation on our public roads of motor vehicles transporting ISO Containers from complying
with the provisions of regulation 224(b) of the National Road Traffic Regulations 2000, issued under the National Road
Traffic Act, 1996 (Act No. 93 of 1996) until furhter notice..
This Notice suspends the application of punitive measures and calling on all Law Enforcement Agencies to collect data of
motor vehicles transporting ISO Containers.
(Signed)
Ms Sindisiwe Chikunga, MP, Minister of Transport

Reg 225. Turning radius and wheelbase

No person shall operate on a public road a vehicle—
(a) the maximum turning radius of which exceeds 13,1 metres: Provided that in the case of
a bus-train and a twin steer 4 axle rigid goods vehicle, the turning radius exceeds 17,5
metres; and
(b) the wheelbase of which exceeds, in the case of—
(i) a semi-trailer, 10 metres;
(ii) a bus-train, 8,5 metres, measured from the from the centre of the front axle to the
centre of the middle axle or axle unit; or [Wording as per original Government

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 Gazette.]
(iii) any other vehicle, eight and a half metres.

Reg 226. Overhang of vehicle

(1) No person shall operate on a public road—
(a) a semi-trailer, the front overhang of which exceeds one comma eight metres; or
(b) a vehicle, other than a semi-trailer or a trailer with one axle or one axle unit, the front
overhang of which exceeds—
(i) 60 per cent of the wheelbase;
(ii) six comma two metres in the case of a vehicle having the front surface of the back
rest of the driving seat at seat level not more than one comma seven metres from
the front end of the vehicle when such seat, if adjustable, is in the rearmost
position, less half the wheelbase: Provided that the wheelbase of a bus-train shall
be the distance measured from the centre of the front axle to the centre of the
middle axle; or
(iii) five comma eight metres in the case of any other vehicle, less half the wheelbase.
(2) No person shall operate on a public road—
(a) a vehicle designed or adapted for use in connection with street cleaning or the disposal
of refuse or sewage, or any vehicle referred to in regulations 220, 230 or 249, or any
bus, or motor home, the rear overhang of which exceeds 70 per cent of its wheel base;
(b) a trailer, other than a semi-trailer, which is equipped with—
(i) one axle;
(ii) one axle unit; or
(iii) two axles, the distance between the centre-lines of which is less than one comma
two metres,
if the rear overhang exceeds 50 per cent of the length of the body of such trailer; or
(c) any vehicle, not referred to in paragraph (a) or (b), the rear overhang of which exceeds
60 per cent of its wheelbase.

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Reg 227. Projections in case of vehicle other than motor cycle, motor tricycle or pedal
cycle

(1) No person shall operate on a public road a vehicle, other than a motor cycle, motor tricycle or
pedal cycle--
(a) carrying any goods which project--
(i) either side of the longitudinal centre-line of the vehicle by more than-
(aa) in the case of a bus contemplated in regulation 223(a) or a goods vehicle
contemplated in regulation 223(b), one comma three metres; or
(bb) in the case of any other vehicle, one comma two five metres: Provided
that any side mirror or direction indicator on the vehicle shall not be taken
into account;
(ii) more than 300 millimetres beyond the front end of the vehicle; or
(iii) more than one comma eight metres beyond the rear end of the vehicle; or
(b) of which-
(i) the front overhang, together with any projection, exceeds the front overhang as
provided in regulation 226(1)(b); or
(ii) any bracket projects more than 150 millimetres beyond the widest part of the
vehicle.
(2) No person shall operate on a public road a vehicle or combination of vehicles where the
combined length of such vehicle or combination of vehicles and any projection exceeds the overall
length prescribed in regulation 221 for such vehicle or combination of vehicles.

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Reg 228. Projections in case of motor cycle, motor tricycle or pedal cycle

No person shall operate on a public road a motor cycle, motor tricycle, or pedal cycle if any
goods carried thereon, or on any portion or side-car of such cycle, project more than 600 millimetres
to the front of the axle centre of the front wheel or more than 900 millimetres to the rear of the
axle centre of the rear wheel or more than 450 millimetres on either side of the wheels of such
cycle, or more than 300 millimetres to the outside of the wheel of any side-car: Provided that the
provisions of this regulation shall not apply in respect of any side mirror or crash bar.

Reg 229. Warning in respect of projecting load

(1) No person shall operate a vehicle on a public road if the load on such vehicle projects more
than 150 millimetres beyond the side thereof, unless—
(a) during the period between sunset and sunrise and at any other time when, due to
insufficient light or unfavourable weather conditions, persons and vehicles upon the
public road would not be clearly visible at a distance of 150 metres, the extent of such
projection is indicated—
(i) by means of either a white retro-reflector or a lamp emitting a white light, fitted at
the outer edge of the front of such load; and
(ii) by means of either a red retro-reflector or a lamp emitting a red light, fitted at the
outer edge of the rear of such load; and
(b) during any other period, the extent of such projection is indicated by means of flags of
red cloth, not less than 300 millimetres by 300 millimetres, suspended by two adjacent
corners thereof transversely to the direction in which the vehicle is travelling, from the
front and rear of such projection.
(2) No person shall operate a vehicle on a public road if the load on such vehicle projects more
than 300 millimetres beyond the rear thereof, unless—
(a) during the period between sunset and sunrise and at any other time when, due to
insufficient light or unfavourable weather conditions, persons and vehicles upon the
public road would not be clearly visible at a distance of 150 metres—
(i) the width of such projection is indicated by means of red retro-reflectors or lamps
emitting a red light fitted on the end of such projection: Provided that where the
width of any such projection is less than 600 millimetres it shall be sufficient for the
purpose of indicating such width to fit one retro-reflector or lamp on the end thereof;
and
(ii) the length of such projection is indicated by means of yellow retro-reflectors or
lamps emitting a yellow light fitted on both sides of such projection at the end
thereof; and

(b) during any other period, the length of such projection is indicated by means of a red flag
or red cloth, not less than 300 millimetres by 300 millimetres, suspended by two adjacent
corners thereof transversely to the direction in which the vehicle is travelling, from the
end of such projection, and the width of such projection is indicated by means of such
flags suspended by two adjacent corners thereof parallel to the direction in which the
vehicle is travelling, from both sides of such projection at the end thereof: Provided that
where the width of such projection is less than 600 millimetres it shall be sufficient for
the purposes of indicating such projection to suspend one such flag from the end thereof.
(3) For the purposes of this regulation, the light of any lamp shall comply with the provisions of
regulation 158(2).

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Reg 230. Certain vehicles exempt from provisions of this Part
(1) Except for a breakdown vehicle, any vehicle, which is a drilling machine, a mobile crane, a fork
lift, a straddle truck, a road making machine, an earthmoving machine, an excavation machine, a
construction machine or a loading machine is exempt from the provisions of this Part, except for the
provisions of regulations 224 and 226: Provided that—
(a) no such vehicle shall be operated on the roadway of a public road during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road would not
be clearly discernible at a distance of 150 metres;
(b) the overall width of any such vehicle shall not exceed three and a half metres;
(c) the driver of any such vehicle on the roadway of a public road shall stop such vehicle,
and where possible, drive it off the roadway if it be necessary in order to allow other
vehicular traffic to pass;
(d) any such vehicle exceeding the overall length prescribed in regulation 221 or the overall
width prescribed in regulation 223 shall display two flags of red cloth not less than 600
millimetres by 600 millimetres, in such manner as to indicate its abnormal length or width
and such flags shall be suspended from the vehicle transversely to the direction of travel;
and
(e) no such vehicle, other than a mobile crane which is operated for the purpose of removing
any hazard or obstruction on a freeway, shall be operated on a freeway.
(2) Any vehicle, including a tractor, which is not a goods vehicle and which is used solely for bona
fide agricultural, horticultural, viticultural or pastoral pursuits and when operated on a public road, is
exempt from the provisions of this Part, except for the provisions of regulation 224: Provided that—
(a) no such vehicle shall be operated on the roadway of a public road during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road would not
be clearly discernible at a distance of 150 metres;
(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle
and, where possible, drive it off the roadway if it be necessary in order to allow other
vehicular traffic to pass;
(c) where such vehicle—
(i) exceeds the overall length prescribed in regulation 221;
(ii) encroaches beyond half the width of the roadway except when overtaking other
vehicles or crossing bridges; or
(iii) is more than two comma six metres but less than three and a half metres wide,
two flags of red cloth shall be displayed not less than 600 millimetres by 600 millimetres
in such manner as to indicate its abnormal length or width and such flags shall be
suspended from the vehicle transversely to the direction of travel, but the vehicle may be
fitted with amber flashing lights in lieu of such flags; and
(d) the overall width of any such vehicle shall not exceed four and a half metres: Provided
further that when the overall width exceeds three and a half metres—
(i) such vehicle shall not normally encroach beyond half the width of the roadway
except when overtaking other vehicles or crossing bridges; and
(ii) if such vehicle does encroach beyond half the width of the roadway, two escort
vehicles with the headlamps switched on and displaying red flags of the size
prescribed in paragraph (c) or amber flashing lights shall be provided, one
travelling in front and one to the rear of such vehicle;

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 (e) no such vehicle shall be operated on a freeway.

Loads on vehicles
Reg 231. Manner in which children to be counted for purposes of regulations
For the purposes of establishing the number of persons that may in terms of these regulations, other
than regulation 263, be carried on any vehicle, other than a motor cycle, motor tricycle, motor
quadrucycle or pedal cycle—
(a) any child under the age of three years shall not be counted;
(b) two children of three years or over but under the age of six years shall be counted as
one person; and
(c) three children of six years or over but under the age of 13 years shall be counted as two
persons:
Provided that in applying the provisions of this regulation, fractions shall be disregarded.

Reg 232. Mass of person and luggage for determining mass of load maximum load for
homologation and testing purposes.
For the purpose of establishing the maximum mass of a person and his or her hand luggage which
may be conveyed on a motor vehicle for the purpose of determining the seating capacity of such
vehicle to homologate a vehicle.
(a) the mass of a person together with his or her hand luggage shall, be taken as 68
kilograms;
(b) in the case of a motor vehicle which is fitted with—
(i) a luggage compartment, the mass of luggage shall be calculated at the rate of 100
kilograms per cubic metre; or
(ii) a roof rack, the mass of luggage shall be calculated at the rate of 75 kilograms per
square metre of area of the roof rack.

Reg 233. Number of persons that may be carried on motor vehicle in relation to seating
capacity
(1) Subject to the provisions of regulation 231, no person shall operate on a public road a motor
vehicle, other than a minibus or bus which is used for hire or reward, motor cycle, motor tricycle,
motor quadrucycle or pedal cycle if—
(a) the number of persons on any seat of such vehicle exceeds the number of persons for
whom seating accommodation is provided for on such seat, at the rate of 380 millimetres
per person measured at the widest part of the seat with the doors closed; and
(b) the total number of persons carried on such vehicle, excluding persons carried in the
goods compartment of the vehicle, exceeds the number of persons for whom seating
accommodation, determined in the manner referred to in paragraph (a), is available in
such vehicle: Provided that, one child over the age of three years but under the age of
six years may be carried on each transverse seat, in excess of the number of persons
for whom seating accommodation is available on such seat, determined in the manner
referred to in paragraph (a).
(2) Subject to the provisions of regulation 231, no person shall operate on a public road, a minibus,
midibus or bus operating in terms of an operating license issued in accordance with the provisions
of the NLTTA, first registered after 04 September 2006, if the number of persons on any seat exceeds
the number of persons for whom seating accommodation is provided for, on such a seat at a rate of

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400 millimetres per person, measured at the widest part of the seat with the doors closed.
(2A) Subject to the provisions of regulation 231, no person shall operate on a public road,
a rapid transport bus or a rapid transport bus-train if the number of seated persons exceeds the
number of persons for whom seating accommodation is provided for, on such a seat at a
minimum rate of 420 millimetres per person, measured at the widest part of the seat with the
doors closed but which does not apply to tip up seats in the wheelchair bay.
(3) For the purposes of subregulations (1) and (2) a row of seats shall be regarded as one seat.
(4) Where in this regulation a reference is made to a maximum or minimum dimension, a tolerance
of 10 millimetres shall apply to such dimension.

Reg 234. Permissible maximum axle massload of vehicle

(1) No person shall operate on a public road a mini-bus, bus, tractor or goods vehicle if the
permissible maximum axle massload of such vehicle is exceeded.
(2) The permissible maximum axle massload of a vehicle shall be the least of the mass limits
determined by—
(a) regulation 238(1) in respect of a vehicle fitted with pneumatic tyres or regulation 238(2)
and 243 in respect of a vehicle fitted with tyres other than pneumatic tyres;
(b) regulation 239(1)(a)(ii); and
(c) regulation 240(a), (b) and (c).

Reg 235. Permissible maximum axle unit massload of vehicle

(1) No person shall operate on a public road a mini-bus, bus, tractor or goods vehicle if the
permissible maximum axle unit massload of such vehicle is exceeded.
(2) The permissible maximum axle unit massload of a vehicle shall be the least of the mass limits
determined by—
(a) regulation 238(1) in respect of a vehicle fitted with pneumatic tyres or regulation 238(2)
and 243 in respect of a vehicle fitted with tyres other than pneumatic tyres;
(b) regulation 239(1)(a)(iii); and
(c) regulation 240(d), (e), (f) and (g).

Reg 236. Permissible maximum vehicle mass

(1) No person shall operate on a public road a mini-bus, bus, tractor or goods vehicle if the
permissible maximum vehicle mass of such vehicle is exceeded.
(2) The permissible maximum vehicle mass of a vehicle shall be the least of the mass limits
determined by—
(a) the sum of all the permissible maximum axle massloads and axle unit massloads of the
vehicle as contemplated in regulations 234 and 235;
(b) regulation 239(1)(a)(i);
(c) regulation 239(2);
(d) regulation 239(3); and
(e) regulation 241:
Provided that the permissible maximum vehicle mass of such vehicle shall not exceed 56 000
kilograms.

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Reg 237. Permissible maximum combination mass
(1) No person shall operate on a public road a combination of vehicles where the drawing vehicle
is a mini-bus, bus, tractor or goods vehicle, if the permissible maximum combination mass of such
combination is exceeded.
(2) The permissible maximum combination mass of a combination of vehicles shall be the least of
the mass limits determined by—
(a) the sum of all the permissible maximum axle massloads and axle unit massloads of the
combination of vehicles as contemplated in regulations 234 and 235;
(b) regulation 239(1)(b);
(c) regulation 239(2);
(d) regulation 239(3); and
(e) regulation 241:
Provided that the permissible maximum combination mass of such combination shall not exceed
56 000 kilograms. Provided further that in the case where the drawing vehicle is a haulage tractor
with a single driving axle, the permissible maximum combination mass shall not exceed 48 000
kilograms.

Reg 238. Load on tyres

(1) No person shall operate on a public road a motor vehicle—
(a) which is fitted with pneumatic tyres, where any wheel massload is in excess of the wheel
massload referred to in the appropriate part of the standard specification SABS 1550
“Motor Vehicle Tyres and Rims: Dimensions and Loads”, Part 1: “General”, Part 2:
“Passenger car tyres”, and Part 3: “Commercial vehicle tyres”; or
(b) where any pneumatic tyre is not mentioned in the standard specification referred to in
paragraph (a), where the wheel massload is in excess of the wheel massload approved
by the manufacturer of the tyre concerned:
Provided that for the purposes of determining the pressure in a tyre the temperature of the tyre
shall be disregarded.
(2) No person shall operate on a public road any vehicle fitted with tyres, other than pneumatic
tyres, if the wheel massload exceeds eight kilograms per one millimetre width of any such tyre.

Reg 239. Gross vehicle mass, gross axle massload, gross axle unit massload, gross
combination mass, power to mass ratio and axle massload of driving axle to total
mass ratio not to be exceeded
(1) No person shall operate on a public road a mini-bus, bus, tractor or goods vehicle—
(a) if—
(i) the gross vehicle mass;
(ii) any gross axle massload; or
(iii) any gross axle unit massload,
is exceeded;
(b) drawing any other motor vehicle if the gross combination mass is exceeded.
(2) No person shall operate on a public road a vehicle which is a minibus, midibus, bus, tractor,

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haulage tractor or goods vehicle if the mass in kilograms of such vehicle or of a combination of
vehicles of which such first-mentioned vehicle forms a part, whether laden or unladen, exceeds a
figure arrived at by multiplying the net power in kilowatts of the engine of such vehicle as determined
in accordance with or calculated with due regard to SANS 10013 “The determination of performance
(at net power) of internal combustion engines Part 1:Road vehicle internal combustion engines at
sea level”, “The determination of performance (at net power) of internal combustion engines Part 2:
Compression ignition engines at altitudes” and “The determination of performance (at net power) of
internal combustion engines Part 3: Agricultural vehicle internal combustion engines at sea level”—
(a) in the case of the drawing vehicle being a tractor or a haulage tractor by 400; or
(b) in the case of any other vehicle by 240.
(3) No person shall operate on a public road a vehicle which is a minibus, midibus, bus, tractor or
goods vehicle if the mass in kilograms of such vehicle or of a combination of vehicles of which such
first-mentioned vehicle forms a part, whether laden or unladen, exceeds five times the total axle
massload of the driving axle or axles of such vehicle: Provided that where the drawing vehicle in a
combination of vehicles is a haulage tractor, the mass in kilograms of such combination of vehicles
may not exceed six times the total axle mass load of the driving axle or axles of such vehicle, whether
the combination is laden or unladen.

Reg 240. Massload carrying capacity of road

No person shall operate on a public road a motor vehicle or a combination of motor vehicles, the
wheels of which are fitted with pneumatic tyres, if—
(a) the wheel massload of wheels—
(i) which are fitted to a steering axle, exceeds 3 850 kilograms; or
(ii) which are fitted to axles other than a steering axle, exceeds 4 000 kilograms;
(b) the axle massload of an axle fitted with two or three wheels and—
(i) which is a steering axle, exceeds 7 700 kilograms; or
(ii) which is an axle other than a steering axle, exceeds 8 000 kilograms;
(c) the axle massload of an axle fitted with four wheels and—
(i) which is fitted to a vehicle designed to compact refuse and which is carrying such
refuse, exceeds 10 200 kilograms;
(ii) which is fitted to a breakdown vehicle, exceeds 10 200 kilograms;
(iii) which is placed in the rear or middle of a bus-train, exceeds 10 200 kilograms;
Provided that in the case of a rapid transport bus-train the limit on the drive
axle shall be 13 000 kilograms and on the other non-steering axle shall be 13
000 kilograms.
(iv) which is fitted to a bus, other than a bus-train, exceeds 10 200 kilograms; or
Provided that in the case of a rapid transport complementary bus, or a rapid
transport trunk bus, this limit shall be 12 000 kilograms
(v) which is not mentioned in items (i) to (iv), exceeds 9 000 kilograms;
(d) the axle massload of an axle unit which consists of two axles, each of which are fitted
with two or three wheels, and—
(i) which is a steering axle unit, exceeds 15 400 kilograms; or
(ii) which is an axle unit other than a steering axle unit, exceeds 16 000 kilograms;
(e) the axle massload of an axle unit which consists of two axles, each of which are fitted
with four wheels, and—

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 (i) which is fitted to a vehicle, except a trailer, designed to compact refuse and which
is carrying such refuse, exceeds 20 400 kilograms;
(ii) which is fitted to a breakdown vehicle, exceeds 20 400 kilograms; or
(iii) which is not mentioned in items (i) and (ii), exceeds 18 000 kilograms;
(f) the axle massload of an axle unit which consists of three or more axles, each of which
are fitted with two or three wheels, and—
(i) which is a steering axle unit, exceeds 23 100 kilograms; or
(ii) which is an axle unit other than a steering axle unit, exceeds 24 000 kilograms; or
(g) the axle massload of an axle unit which consists of three or more axles, each of which
are fitted with four wheels, exceeds 24 000 kilograms; and
(h) The axle mass load of an axle-unit which consists of two axles, one of which is a drive
axle with four wheels and the other is an axle with two wheels, and which is fitted to a
rapid transport bus, if the sum of the two axle mass loads exceeds 18 200 kilograms.

Provided that the limitations on steering axles and steering axle-units in paragraph (a), (b) , (d) and
(f) above, do not apply to any axle or axle-units which assist in reducing the turning circle of a rapid
transport bus or rapid transport bus-train, but which is not the front axle or front axle-unit.

Reg 241. Massload carrying capacity of bridges

(1) No person shall operate on a public road a vehicle or combination of vehicles, the wheels of
which are fitted with pneumatic tyres, if the total axle massload of any group of axles of such vehicle
or combination of vehicles exceeds the mass in kilograms determined by multiplying the dimension
of such group measured as referred to in subregulation (3) by 2 100 and adding 18 000.
(2) A group of axles referred to in subregulation (1) may comprise any series of axles, but shall
not consist of one axle unit referred to in regulation 240(d), (e), (f) or (g) alone.
(3) (a) The dimension referred to in subregulation (1) shall be measured in metres and tenths
of a metre from the centre of the first axle of any group of axles to the centre of the last
axle of such group.
(b) If the dimension so measured is not a definite figure in metres and tenths of a metre, the
next highest number in tenths of a metre with which the dimension so measured is
exceeded shall be used for the calculation referred to in subregulation (1).
(c) Where a group of axles of a combination of vehicles is measured, the vehicles of such
combination shall be positioned in line and both sides of such combination of vehicles
shall be measured, and if the dimensions of the two sides differ, the longer dimension
shall be used for the calculation referred to in subregulation (1).
► Comment: In order to comply with this sub-regulation it is necessary to measure the centres of the
extreme axles of ANY group of axles which, in the case of a seven axle interlink combination would
mean checking the centres of the extreme axles of six groups.

Reg 242. Distribution of axle massload and wheel massload on vehicle fitted with pneumatic
tyres
Notwithstanding the provisions of regulation 240, no person shall operate on a public road a motor
vehicle which is fitted with pneumatic tyres if—
(a) on any axle with—
(i) two tyres, the wheel massload on one tyre exceeds the wheel massload on the
other tyre by more than 10 per cent; or
(ii) four tyres, the wheel massload on two tyres nearest to each other exceeds the

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 wheel massload on the other two tyres by more than 10 per cent;
(b) in the case of a combination of motor vehicles consisting of a truck-tractor and at least
one semi-trailer, the axle massload of any steering axle or the sum of the axle massloads
of any steering axle unit is less than 11 percent of the sum of all axle massloads of the
truck-tractor and the first semi-trailer that is coupled to the truck-tractor, of the said
combination of motor vehicles;
(bA) in the case of a haulage tractor, whether part of a combination of vehicles or not, the axle
massload of any steering axle must not be less than 15 percent of the sum of all the axle
massloads of such haulage tractor;
(c) in the case of a motor vehicle, not being a combination of motor vehicles as referred to
in paragraph (b), with a steering axle unit, the sum of the axle massloads of such steering
axle unit is less than 30 percent of the sum of all axle massloads of such vehicle; or
Provided that in the case of a rapid transport bus-train no limit shall apply; or
(d) in the case of any other vehicle the axle massload of a steering axle is less than 20 per
cent of the sum of all axle massloads of such vehicle, except in the case of a tractor
when the axle massload of the steering axle shall not be less than 12 per cent of the sum
of all the axle massloads of such tractor.

Reg 243. Axle massload of vehicles fitted with tyres other than pneumatic tyres
No person shall operate on a public road a vehicle fitted—
(a) with metal tyres, if any axle massload of such vehicle exceeds 2 700 kilograms; or
(b) with tyres, other than pneumatic or metal tyres, if any axle massload or the sum of all
axle massloads of such vehicle exceeds 50 per cent of that permitted for vehicles fitted
with pneumatic tyres in terms of regulation 240 or, if the axle massload of any steering
axle of such vehicle does not comply with the requirements of paragraphs (b), (c) or (d)
of regulation 242.

Reg 244. Information to be displayed on certain motor vehicles

No person shall operate on a public road a mini-bus, bus or goods vehicle which, according to the
registration certificate thereof was registered for the first time prior to 1 January 1989 and of which
the gross vehicle mass does not exceed 3 500 kilograms, unless there is displayed in a conspicuous
position on the left side thereof in letters and figures of not less than 40 millimetres in height and
which shall be clearly legible at all times—
(a) the tare of such vehicle in kilograms (denoted as T);
(b) the permissible maximum vehicle mass referred to in regulation 236 in kilograms
(denoted as V); and
(c) if the vehicle is used to draw any other vehicle, the permissible maximum drawing vehicle
mass which shall be the least of the masses determined in terms of regulation 239(1)(b),
(2) or (3) in kilograms (denoted as D/T):
Provided that if such vehicle is fitted with a plate as referred to in regulation 245, the provisions of
this regulation shall not be applicable to such motor vehicle.

Reg 245. Information plates on certain vehicles

(1) No person shall operate on a public road a mini-bus, bus, goods vehicle or mobile crane which,
according to the registration certificate thereof—
(a) was registered for the first time prior to 1 January 1989 and of which the gross vehicle

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 mass exceeds 3 500 kilograms; or
(b) was registered for the first time on or after 1 January 1989,
unless the following particulars in respect of such mini-bus, bus, goods vehicle or mobile crane are
clearly imprinted or stamped on a metal plate or plates affixed in an accessible place on a door post,
under the bonnet or on the dash board of the vehicle concerned or, in the case of a trailer, on the
left side thereof in any conspicuous place:
(i) The tare in kilograms (denoted as T);
(ii) the gross vehicle mass in kilograms (denoted as GVM/BVM);
(iii) the gross axle massload or gross axle unit massload of each axle or axle unit in
kilograms (denoted as GA/BA and GAU/BAE, respectively);
(iv) in the case of a semi-trailer the gross kingpin massload as specified by the
manufacturer (denoted as GKM/BSM);
(v) the gross combination mass in kilograms (denoted as GCM/BKM) —
(aa) in the case of a vehicle that is used to draw any other vehicle; and
(bb) in the case of a breakdown vehicle registered for the first time from the date
of commencement of this item; and
(vi) where applicable, the net power in kilowatts as determined in accordance with or
calculated with due regard to code of practice SABS 013 “The determination of
performance (at net power) of internal combustion engines;
(vii) the permissible maximum vehicle mass referred to in regulation 236 in kilograms
(denoted as V): Provided that this item is not applicable in respect of a semi-trailer;
(viii) the permissible maximum axle massload referred to in regulation 234 or axle unit
massload referred to in regulation 235 of each axle or axle unit in kilograms
(denoted as A and AU/AE, respectively); and
(ix) the permissible maximum drawing vehicle mass referred to in regulation 244(c)
(denoted as D/T).

Provided that the provisions of this subregulation shall not apply to a goods vehicle the gross vehicle
mass of which does not exceed 3 500 kilograms and which was registered for the first time on or
after 1 January 1989, and that has fitted;

(a) a metal data plate or plates affixed by rivets, or by welding, or by any other method that
will achieve permanency of attachment during the life of the vehicle, in a conspicuous
and readily accessible position on a part not subject to replacement, or
(b) a self-adhesive tamperproof metal or plastics label that is not transferable from one
vehicle to another, is clearly legible, and undergoes permanent and obvious damage on
removal. The self-adhesive tamperproof label shall be resistant to engine oils, to engine
coolants, to normal engine temperatures and to humidity,
in a conspicuous and readily accessible position on a part not subject to replacement, with the
following particulars of such goods vehicle, legibly and indelibly printed or stamped, with the following
details:
(i) the gross vehicle mass, in kilograms, for the model type, denoted and prefixed
by the letters GVM/BVM;
(ii) the gross combination mass, in kilograms, for the model type, denoted and
prefixed by the letters GCM/BKM; and
(iii) the gross axle mass-load of each axle, or the gross axle unit mass-load of
each axle unit, in kilograms, for the model type, denoted and prefixed by the letters

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 GA/BA or GAU/BAE, as applicable.
Provided further that if the information is supplied in the following order, the abbreviations given in
i), ii) and iii) above are not required:
a) gross vehicle mass;
b) gross combination mass; and
c) gross axle masses in the order front to rear.
(2) No person shall operate on a public road a tractor unless it is fitted with a metal plate on which
is imprinted—
(a) the net power of the engine in kilowatts as determined in terms of code of practice SABS
013 “The determination of performance (at net power) of internal combustion engines”,
Part 1: “Road vehicle internal combustion engines at sea level”, Part 2: “Compression
ignition engines and altitude”, Part 3: “Agricultural vehicle internal combustion engines
at sea level” (denoted as P/D);
(aA) within six months from the date of commencement of this paragraph, the tare in
kilograms (denoted as T);
(b) the gross combination mass in kilograms (denoted as GCM/BKM); and
(c) the permissible maximum drawing vehicle mass referred to in regulation 244(c) (denoted
as D/T):
Provided that the provisions of this subregulation shall apply—
(i) from 1 January 1993 in respect of a tractor which according to the registration
certificate thereof was registered for the first time on or after 1 January 1993; and
(ii) from 1 January 1995 in respect of a tractor which according to the registration
certificate thereof was registered for the first time before 1 January 1993.

Reg 245A. Certain vehicles to display notice of load

(1) No person shall operate on a public road—
(a) a bus;
(b) a minibus—
(i) the gross vehicle mass of which exceeds 3 500 kilograms; or
(ii) which is designed or adapted for the conveyance of 9 or more persons, including
the driver;
(c) a minibus, midibus or bus operating in terms of an operating licence issued in
accordance with the provisions of the NLTTA, unless it is conspicuously displayed inside
such vehicle in numerals of at least 75 millimetres high, a notice stating the load that
may be carried on such vehicle in the terms set out in subregulation 2).
(2) The notice shall-
(a) in the case of a bus referred to in subregulation (1) that is permitted to convey persons,
including wheelchair users and goods, be worded as follows;
CERTIFIED TO CARRY.....PASSENGERS SEATED AND PASSENGERS
STANDING.........KG GOODS AND ......WHEELCHAIR USERS. - (the latter only in
vehicles with provision for wheelchairs).
(b) in the case of a midibus referred to in subregulation (1) that is operating in terms of an
operating licence issued in accordance with the NLTTA and is permitted to convey
persons only including wheelchair users, be worded as follows:

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 CERTIFIED TO CARRY.......PASSENGERS SEATED AND ...... PASSENGERS
STANDING 0 KG GOODS AND......WHEELCHAIR USERS (the latter only in vehicles
with provision for wheelchairs); and
(3) The requirements for wheelchairs and anchorage shall comply with SANS 10370 "Road
vehicles designed or adapted for use by or transporting persons with disabilities.

Reg 245B. Special needs accessibility

(1) No person shall operate on a public road a rapid transport bus or a rapid transport bus-train or
a rapid transport feeder bus or midibus, unless it is provided with:
(a) facilities and equipment to accept and secure wheelchairs in accordance with SANS
10370;
(b) seats, known as priority seats for passengers with special needs, which shall be situated
in a position near to a door that is suitable for boarding and alighting and shall comply
with clause 3.2 of Annex 8 of SANS 20107. The colour of the priority seats shall contrast
with the colour of the other seats in the rapid transport bus or rapid transport bus-train or
rapid transport feeder bus or midibus;
(c) communication devices shall be placed adjacent to priority seats and within spaces for
securing wheelchairs. The devices shall comply with clause 3.3 of Annex 8 of SANS
20107;
(d) vehicles fitted with space for wheelchairs shall display pictograms in accordance with
Annex 4 of SANS 20107 and which are visible from the outside of the vehicle, both on
the front nearside and adjacent to the relevant boarding and alighting door. Such
pictograms (Figure 23A or Figure 23B) shall also be placed internally adjacent to the
wheelchair space or the priority seat;
(e) steps, ramps and lifts shall be in accordance with SANS 10370.
(2) The facilities and equipment in subregulation (1) shall be provided at the following minimum
rates:-
(a) In the case of a rapid transport bus at least one wheelchair, and six priority seats;
(b) In the case of rapid transport bus-train at least two wheelchairs, and eight priority seats;
(c) In the case of a rapid transport feeder bus or midibus at least one wheelchair, and 2
priority seats.

Reg 246. Manner in which goods to be carried

No person shall operate on a public road a motor vehicle carrying any goods—
(a) in such a manner as to come into contact with the surface of the public road on which
the vehicle is being operated but a chain, known as a “static chain”, may be carried in
contact with the surface of such road;
(b) in such a manner as to obscure the driver’s view of traffic to the front or on either side,
or his or her view in the rear-view mirror or mirrors of traffic to the rear;
(c) which are not—
(i) safely contained within the body of such vehicle; or
(ii) securely fastened to such vehicle,
and which are not properly protected from being dislodged or spilled from such vehicle;
(d) on the roof thereof, in the case where such vehicle is a motorcar, if the height of such

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 goods measured from the highest point of such roof exceeds one-half of the height of
the motor car, measured from ground level: Provided that the provisions of this
paragraph shall not be applicable in respect of pedal cycles being transported on the
roof of a motor vehicle; or
(e) in any container, which has provision for fastening by means of “twist locks”, unless such
container is securely fastened by at least four “twist locks” and the provision of this
paragraph are also applicable to empty containers carried on a motor vehicle, but two
“twist locks” may be used to fasten a container which, measured parallel to the length of
the vehicle, is at least one comma five metre in length and less than three metres in
length.

Reg 247. Circumstances under which persons may be carried on goods vehicle
No person shall operate on a public road a goods vehicle conveying persons unless that portion of
the vehicle in which such persons are being conveyed is enclosed to a height of—
(a) at least 350 millimetres above the surface upon which such person is seated; or
(b) at least 900 millimetres above the surface on which such person is standing,
in a manner and with a material of sufficient strength to prevent such person from falling from such
vehicle when it is in motion.
Provided that no person shall be conveyed in the goods compartment together with any tools or
goods, except their personal effects, unless that portion in which such persons are being conveyed
is separated by means of a partition, from the portion in which such goods are being conveyed.

Reg 248. Presumptions

(1) If, in a prosecution for an offence under regulations 234 to 243 inclusive, an allegation is made
in the charge sheet or summons in relation to—
(a) the gross vehicle mass;
(b) the gross axle mass;
(c) the gross axle unit massload;
(d) the gross combination mass;
(e) the net power in kilowatts of any bus, haulage tractor or goods vehicle;
(f) the permissible maximum vehicle mass referred to in regulation 236;
(g) the permissible maximum combination mass referred to in regulation 237; or
(h) the permissible maximum axle massload or maximum axle unit massload, referred to in
regulation 234 or 235 respectively,
such allegation shall, in the absence of evidence to the contrary, be presumed to be correct.
(2) The fact that differing results may be obtained on successive attempts at determining the axle
massload of an axle which is part of an axle unit shall not, by itself, prove the massload alleged in a
prosecution, to be incorrect.
(3) In a prosecution for an alleged offence in terms of regulation 241, any distance in metres
alleged on the charge sheet or summons, used to calculate the maximum permissible massload of
any group of axles, shall in the absence of evidence to the contrary, be deemed to be correct.
(4) The massloads of all the individual axles of—
(a) an axle unit, may be added to obtain the total massload of such axle unit;
(b) a group of axles, may be added to obtain the total massload of such group of axles;

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 (c) a vehicle, may be added to obtain the total massload of such vehicle; or
(d) a combination of vehicles, may be added to obtain the total massload of such
combination of vehicles.
(5) Notwithstanding anything to the contrary contained in these regulations, where an owner of a
motor vehicle has been issued with a motor vehicle licence for that vehicle, such owner shall not be
competent, in respect of the year to which such licence is applicable, to prove that the tare of such
vehicle is either greater or less than the tare upon which the fees payable for such licence were
calculated: Provided that the provisions of this subregulation shall not apply in respect of an owner
of a motor vehicle who is prosecuted for and found guilty of a contravention of section 67 of the Act
where such contravention relates to the tare referred to in this subregulation.

Reg 249. Certain vehicles exempt from provisions of this Part

(1) Except for a breakdown vehicle, any vehicle, which is a drilling machine, a mobile crane, a fork
lift, a straddle truck, a road making machine, an earthmoving machine, an excavation machine, a
construction machine or a loading machine, is, except for the provisions of regulations 234 to 245,
exempt from the provisions of this Part: Provided that—
(a) no such vehicle shall be operated on the roadway of a public road during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road would not
be clearly discernible at a distance of 150 metres;
(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle,
and where possible, drive it off the roadway if it be necessary in order to allow other
vehicular traffic to pass; and
(c) no such vehicle, other than a mobile crane which is operated for the purpose of removing
any hazard or obstruction on a freeway, shall be operated on a freeway.
(2) Any vehicle, including a tractor, which is not a goods vehicle and which is used solely for bona
fide agricultural, horticultural, viticultural or pastoral pursuits and when operated on a public road, is
exempt from the provisions of this Part, except for the provisions of regulations 234 to 245 in so far
as it relates to the tare, gross vehicle mass and maximum permissible drawing vehicle mass:
Provided that—
(a) no such vehicle shall be operated on the roadway of a public road during the period
between sunset and sunrise and at any other time when, due to insufficient light or
unfavourable weather conditions, persons and vehicles upon the public road would not
be clearly discernible at a distance of 150 metres;
(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle
and, where possible, drive it off the roadway if it be necessary in order to allow other
vehicular traffic to pass;
(c) no such vehicle shall be operated on a freeway.

Provisions relating to passenger carrying vehicles

Reg 250. School children and persons not to be conveyed in goods compartment of a motor
vehicle for reward
(1) No person shall on a public road convey school children in the goods compartment of a motor
vehicle for reward.
(2) No person shall convey any other person in the goods compartment of a motor vehicle for
reward: Provided that the provisions of this subregulation shall not apply in respect of a vehicle
which complies with the provisions of the NLTA.

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 Please note: This provision will only apply as from 11 May 2017.

Reg 251. Sides and roof

(1) No person shall operate, on a public road, a minibus, midibus or bus unless -

(a) the sides of the passenger compartment of a minibus, midibus or bus are enclosed to
the height of at least 600 millimetres from the floor with material which is durable and
weatherproof;
(b) such minibus, midibus or bus is provided with a weatherproof roof.
(2) No person shall operate a midibus, a minibus or bus operating in terms of an operating licence
issued in accordance with the provisions of the NLTTA registered for the first time after 5 October
2001 on a public road, unless the height, along the longitudinal center-line, between the floor and
the lowest part of the roof structure of such bus or minibus, between the floor and the ceiling of the
lower deck of a double deck bus, as the case may be,
(a) is in the case of a bus conveying standing persons, not less than 1,75 metres in the
areas where persons may stand in terms of regulation 263;
(b) in the case of a minibus not conveying standing persons, is not less than 1,5 metres; and
in the case of a midibus, is not less than 1,75 metres; and
(c) in the case of a rapid transport bus or a rapid transport bus-train is not less than 1, 9
metres

(3) A minibus or midibus operating in terms of an operating licence issued in accordance with the
provisions of the NLTTA shall not carry standing persons.

Reg 252. Entrances, exits and emergency exits of mini-buses and buses
(1) (a) A minibus, midibus or bus operating in terms of an operating licence issued in
accordance with the provisions of the NLTTA shall be equipped with at least one
passenger entrance leading from the left front side of such vehicle, Provided that: the
provisions of this subregulation shall not apply to double deck bus which has a passenger
entrance at the rear leading to the passenger compartment;
Provided that this provision shall not apply to a rapid transport bus, a rapid transport bus-train
or a rapid transport feeder bus or midibus.

(b) A, minibus, midibus or bus shall have at least one emergency exit for every 12 persons,
on the right or left hand side or the rear thereof:
Provided that, a door fitted for the use of the driver of such minibus, midibus or bus which is
accessible to passengers, may be deemed to be such emergency exit.

(c) A bus or the lower deck of a double deck bus, shall have an emergency exit-
(i) on both sides in the floor; or
(ii) on both sides towards the front or rear:
Provided that, in the case of a single deck bus an emergency exit may be fitted in the roof of such
bus in place of the emergency exits required on both side.

(d) The upper deck of a double deck bus shall have emergency exits-
(i) in the rear; or
(ii) on both sides and in the roof, of such upper deck,

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 (iii) and the number of emergency exits shall be evenly distributed throughout the
vehicle; and
(e) An emergency exit shall have dimensions of at least 800 by 400 millimetres or 700 by
500 millimetres and shall be capable of being opened from the inside and outside and
shall not open inwards.
(f) An emergency exit shall not be so positioned that the passengers have to pass through
a goods compartment of a mini-bus or bus or via the stairs of a double decker bus to
reach such emergency exit.
(g) Escape hatches, knock-out windows or knock-out panels may be used as emergency
exits and if a mini-bus or bus is operated for reward such hatches, windows or panels
shall be marked with the words “emergency exit” and “nooduitgang” on the inside and
outside in letters of at least 50 millimetres in height.
(h) A door of the size and operating characteristics referred to in paragraph (e) may be used
as an emergency exit.
(i) No entrance for persons, other than the driver, shall be provided on the right hand side
of the longitudinal centre-line of a mini-bus or bus operating for reward.
(2) In the case of a mini-bus or bus that has been converted from a goods vehicle, the
requirements of paragraphs (a), (b), (c), (f), (g) and (h) of subregulation (1) shall be deemed to be
satisfied if openings complying with the requirements of paragraph (e) of subregulation (1) are
provided.

Provided that emergency exits fitted to any minibus, midibus or bus operating in terms of an
operating licence issued in accordance with the provisions of the NLTTA, and first registered
on or after 1 July 2009, shall comply with the requirements of standard specification SANS 20107
"Uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their
general construction.

(3) Notwithstanding the requirements of subregulation (1) and (2) above, rapid transport
buses and rapid transport bus-trains shall have at least the following number, size and position of
doors:-

(a) rapid transport trunk bus – two doors on the right and one emergency exit on the left;
(b) rapid transport trunk bus-train – three doors on the right and two emergency exits on the
left;
(c) rapid transport complementary bus – one door on the left and two doors on the right;
(d) rapid transport complementary bus-train – one door on the left and three doors on the
right; and
(e) doors on the right shall provide a clear opening of at least 1100 millimetres and doors on
the left shall provide a clear opening of at least:
(i) 650 millimetres in the case of a rapid transport trunk bus or rapid transport trunk
bus-train, and
(ii) 850 millimetres in the case of a rapid transport complementary bus or rapid
transport complementary bus-train
(f) the pitch of the var ious door configurations on the right shall be 6, 0 metres,
and 3, 8 metres, and for any double doors 1, 4 metres (200 millimetre tolerance).
(4) The floor height above the ground at the doorways on the right-hand side of a rapid transport
bus or a rapid transport bus-train shall be equal to or less than 940 millimetres (30 millimetre
tolerance) or shall be less than 500 millimetres.

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 No. R.1248 28 December 2009
NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO. 93 OF 1996)
EXTENDING THE COMMENCEMENT DATE OF THE PROVISO CLAUSE AFTER SUBREGULATION
(2) OF REGULATTION 252 OF THE NATIONAL ROAD TRAFFIC REGULATIONS, 2000
I, Sibusiso Joel Ndebele, Minister of Transport, acting in terms of Section 75 read with regulation 252 of
the National Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act No. 93 of
1996), hereby determine 01 July 2009 as the commencement date for the proviso clause after
subregulation (2) of regulation 252 of the National Road Traffic Regulations, 2000.
(Signed)
Sibusiso Joel Ndebele
MINISTER OF TRANSPORT

Reg 253. Entrances and exits to be fitted with doors

No person shall operate a minibus, midibus or bus on a public road, unless-

(a) every entrance to or exit from the minibus, midibus or bus is fitted with a door or other
effective barrier; and
(b) such door or barrier is properly closed when the minibus midibus, or bus is in motion with
persons thereon.

Reg 254. Stairs

The stairs to the upper deck of a double-deck bus shall be provided with a hand rail on each side as
well as a partition or screen at each side of the stairs of sufficient strength to prevent any person
from slipping off the side of any step.

Reg 255. Passageways

(1) No person shall operate on a public road -
(a) a minibus operating in terms of an operating license issued in accordance with the
provisions of the NLTTA, first registered after 04 September 2006 unless the
passageway of such minibus as (sic) an unimpeded longitudinal passageway which is at
least-
(i) 300 millimetres wide from floor to seat level; and
(ii) 350 millimetres wide above any armrests.(sic).

(2) No. person shall operate on a public road a midibus or bus operating in terms of an operating
license issued in accordance with the provisions of the NLTTA, first registered after 04 September
2006, unless the passenger compartment of such midibus or bus has an unimpeded longitudinal
passageway with a cross passageway, which passageways are at least-
(i) 300 millimetres wide from floor to seat level; and
(ii) 350 millimetres wide above any armrests.
Provided further that in the case of a rapid transport bus or rapid transport bus-train the
width of the passageways shall be at least:-

(i) 620 millimetres wide measured at any point for vehicles with a floor height of 940
millimetres (30 millimetre tolerance), and
(ii) 450 millimetres wide measured at any point for vehicles with a floor height

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 of less than 500 millimetres

Reg 256. Seats

(1) No. person shall operate on a public road a minibus, midibus or bus operating in terms of an
operating license issued in accordance with the provision of the NLTTA unless the driving seat of
such minibus, midibus or bus is adjustable and has a partition immediately behind it and is so placed
as to afford the driver ample space for controlling the minibus, midibus or bus.
(2) Subject to subregulation (3), no person shall operate on a public road a minibus first registered
on or before 4 September 2006, operating in terms of an operating license issued in accordance
with the provision of the NLTTA, unless a seat provided for a passenger in such minibus has-
(a) a backrest of which the -
(i) top shall be at least 350 millimetres from seat level;
(ii) bottom shall be not more than 200 millimetres from seat level; the width, including
the frame, shall be at least 340 millimetres, for every passenger for whom seating
accommodation is provided on the seat;
(b) a seat height from the floor or footrest of such seat at seat level of at least 250 millimetres,
except where a seat is positioned over the wheel arch where no limit shall apply;
(c) a seat depth from the front of the seat to the front of the backrest of at least 340
millimetres;
(d) a seat width in accordance with regulation 233 (2);
(e) in the case of a seat facing a partition or similar obstruction, a horizontal distance
between the front of the backrest of such seat at seat level to such partition or obstruction
of at least 570 millimetres;
(f) in the case where seats face each other, a horizontal distance between the fronts of the
backrests of such seats at seat level of at least 1 200 millimetres;
(g) in the case where seats face in the same direction, a horizontal distance between the
front of the backrest of any such seat, at seat level, and the back of the backrest of the
seat in front, of at least 570 millimetres.
(3) Where in subregulation (2) a reference is made to a maximum or minimum dimension, a
tolerance of 10 millimetres above any such maximum and below any such minimum shall be
permissible.
(4) No seat in a bus shall face an entrance or have a side of such seat opposite an entrance,
unless a rail or partition is provided between such seat and entrance: Provided that a rail may be
fixed to the seat if the side of such seat faces an entrance.
(5) Every seat in a minibus, midibus or bus shall be securely fixed to such minibus, midibus or
bus.
(6) Subject to subregulation (3) no person shall operate any bus, midibus, or minibus first
registered after 4 September 2006, operating in terms of an operating licence issued in accordance
with the NLTTA on a public road, unless a seat provided for a passenger in such minibus, midibus
or bus has -
(a) a backrest of which the -
(i) top shall be at least 600 millimetres from seat level; the width, including the frame,
shall be at least 400 millimetres at seat level, and the top may be tapered to a
width of more than 250 millimetres; or if the seat design incorporates an integral
headrest, top may be tapered to a width of 200 millimetres, for every passenger
for whom seating accommodation is provided on the seat;

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 (b) a seat height from the floor or footrest of such seat to seat level of at least 400 millimetres,
except where a seat is positioned over a wheelarch where no such limit shall apply ;
(c) a seat depth from the front of the seat to the front of the backrest of at least 400
millimetres ;
(d) a seat width in accordance with regulation 233 (2);
(e) in the case where a seat faces a partition or similar obstruction, a horizontal distance
between the front of the backrest of such seat at seat level to such partition or obstruction
of at least 600 millimetres ;
Provided that in the case of a rapid transport bus or rapid transport bus-train the pitch measured
from one part of a seat to the same part of the seat in front at seat level shall be at least
730 millimetres;
(f) in the case where seats face each other , a horizontal distance between the fronts of the
backrests of such seats at seat level of at least of at least 1 300 millimetres ; and
Provided that in the case of a rapid transport bus or rapid transport bus -train it shall be at
least 1 460 millimetres
(g) in the case where seats face in the same direction , a horizontal distance between the
front of the backrest of any such seat, at seat level, and the back of the seat in front, of
at least 600 millimetres;

Provided that in the case of a rapid transport bus or rapid transport bus -train this shall be
at least 730 millimetres;

(h) seats and anchorages must meet the requirements of SANS 1429 "Strength of seats and
their anchorages " or SANS 1564 " The strength of seats (and their anchorages ) of
large passenger buses.
(7) No fold-up or jockey seat, shall be permitted in any minibus or midibus first registered on or
after 4 September 2006 and operating in terms of an operating licence issued in accordance with
the provisions of the NLTTA.
(8) Not more than one front seat for a passenger shall be provided for in a minibus or midibus
operating for reward and which is first registered on or after 4 September 2006: Provided that the
provisions of this subregulation shall not apply to a minibus or midibus operating for reward and
which is first registered on or after 1 March 2014.
(9) Where, in subregulation (6), a reference is made to a maximum or minimum dimension, a
tolerance of 10 millimetres above any such maximum and below any such minimum shall be
permissible.
(10) In the case of a rapid transport bus or a rapid transport bus-train the following additional
requirements shall apply-
(a) seats that are forward or rearward-facing shall be arranged such that there shall be no
more than four seats in a row and no more than two pairs of seats in a row, except that,
the rear row may have more seats;
(b) seats shall be permitted in the turntable area of a rapid transport bus-train provided that
the passengers are protected from the effects of relative movement of parts of the bus
when the bus-train turns;
(c) seats which can be tipped up to provide more floor space are not permitted, except in
cases of providing room for a wheelchair; and
(d) seats facing sideways are permitted.

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Reg 257. Goods carried in mini-bus or bus conveying persons for reward
No person shall carry goods in a mini-bus or bus conveying persons for reward unless such goods—
(a) are placed in a suitable goods compartment or containers;
(b) are so placed that it does not constitute a danger to such persons; and
(c) does not obstruct any entrance, exit or passageway of such mini-bus or bus.

Reg 258. Windows and windscreens

(1) A mini-bus or bus operating for reward—
(a) shall have a continuous row of windows on the left and right hand side of the passenger
compartment and such windows, other than the windows of entrance and exit doors and
the first and the last side window, shall each have a frame, in the case of—
(i) a mini-bus, of not less than 345 millimetres by 450 millimetres; and
(ii) a bus of not less than 450 millimetres by 450 millimetres;
(b) shall have an overall window area of not less than 25 per cent of the floor area of the
passenger compartment;
(c) shall have windows which can be opened to the same extent so that the total area of the
open spaces shall be not less than five per cent of the floor area of the passenger
compartment, other than in the case of a bus with a system of forced ventilation induced
by mechanical means, whether such bus is stationary or in motion; and
(d) may have other windows in addition to those referred to in paragraphs (a), (b) and (c).
(2) At least every alternate window in each side of a mini-bus or a bus operating for reward, other
than a bus having a system of forced ventilation induced by mechanical means, whether such bus
is stationary or in motion, shall be capable of being opened.
(3) No window in a bus operating for reward shall be capable of being opened in such a manner
that a person seated in a normal position is able to put his or her elbow out of the window.
(4) Every window-pane, windscreen and transparent partition of a mini-bus or bus operating for
reward shall be maintained in a sound, unbroken and clear condition.

Reg 259. Fuel receptacles, etc

(1) A mini-bus or bus operating for reward—
(a) shall have fuel tanks, fuel receptacles and fuel pipes which are free of leaks and which
are not placed inside the body or steering cabin; and
(b) shall have the filling orifice of a fuel tank placed outside the body or steering cabin.
(2) No main fuel tank shall be placed close to the engine of a bus operating for reward.

Reg 260. Fire extinguishers

(1) Every mini-bus operating for reward shall carry in a readily accessible position at least one fire
extinguisher which shall be of—
(a) the dry powder type with a capacity of at least one kilogram; or
(b) the halogenated hydrocarbon type (BCF) with a capacity of at least one kilogram, and
which shall be in good working order.
(2) Every bus operating for reward shall carry in a readily accessible position at least one fire
extinguisher which shall be of—

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 (a) the dry powder type with a capacity of at least two and a half kilograms; or
(b) the halogenated hydrocarbon type (BCF) with a capacity of at least one kilogram, and
which shall be in good working order.

Reg 261. Rear-view mirrors

In addition to the rear-view mirror prescribed for motor vehicles in regulation 204, every bus operating
for reward shall be fitted with a rear-view mirror which shall enable the driver of the bus, when he or
she is in the driving position, to see a reflection of every entrance and exit of the bus.

Reg 262. Tilt angle

(1) No person shall operate a double-deck bus on a public road unless such bus is capable of
being tilted sideways to an angle of at least 23 degrees in either direction from the upright position
without overturning while—
(a) every seat on the upper deck of the bus carries a mass of 68 kilograms;
(b) an additional mass of 68 kilograms is placed on the upper deck of the bus to represent
a conductor;
(c) the goods compartment on the upper deck of the bus, if any, is loaded to capacity;
(d) except for a mass of 68 kilograms on the driving seat, the lower deck of the bus is empty;
and
(e) the bus is ready for the road, except for an empty fuel tank.
(1A) No person shall operate a minibus, midibus or single deck bus on a public road after 4
September 2006, unless such minibus, midibus or single-deck bus is capable of being tilted sideways
at an angle of at least 28 degrees in either direction from the upright position without overturning
while each seat is loaded with a mass of 68 kilograms.

(1B) For the purposes of issuing a certification of roadworthiness in respect of a double-deck or

single- deck bus, which includes a midibus, an examiner may demand the production of a
manufacturer's certificate or other like certificate which certifies that such minibus, midibus or bus
complies with the provisions of subregulation (1).

(2) For the purposes of issuing a certification of roadworthiness in respect of a double-deck bus,
an examiner of vehicles may demand the production of a manufacturer’s certificate or other like
certificate which certifies that such bus complies with the provisions of subregulation (1).

Reg 263. Standing persons

(1) No person shall operate on a public road a bus in which a person is standing—
(a) on any upper deck, steps, stairs or open platform;
(b) in the cross passageway referred to in regulation 255; or
(c) in any area of a bus first registered after 04 September 2006 with a ceiling height of less
than one comma seven five metres except when entering or leaving such bus and of an
operating licence in which a person is permitted to stand.
(2) The maximum number of standing persons which may be carried in a bus shall be calculated
in accordance with the formula—
A - B
C
in which formula—

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 (a) “A” represents the total clear floor space in square metres of the bus;
(b) “B” represents the total clear floor space in square metres of the areas referred to in
subregulation (1); and
(c) “C” represents the figure zero comma one-two-five being the clear floor space in square
metres which shall be available for each standing person. Provided that in the case of a
rapid transport bus or rapid transport bus-train this figure shall be zero comma one six

(3) A bus carrying standing persons shall be equipped with sufficient hand straps, handrails or
grab handles for all standing persons.
(4) No person shall on a public road operate a minibus for reward in which a person is permitted
to stand except if the provisions of subregulations (1), (2) and (3) which apply with the necessary
changes, are complied with.

Reg 264. Special provisions relating to school buses

Notwithstanding the provisions of regulations 232, 233, 252, and 256, in the case of a school bus
registered prior to 1 April 1991—
(a) the number of persons permitted on any seat shall be determined at the rate of 330
millimetres per person, measured at the widest part of such seat with the doors closed:
Provided that the provisions of regulation 231 shall not apply;
(b) a seat shall—
(i) have a backrest—
(aa) the top of which shall be at least 300 millimetres from seat level; and
(bb) the bottom of which shall be not more than 75 millimetres from seat level;
(ii) be of a height, from the floor or footrest of such seat to the seat level, of at least
300 millimetres and not more than 460 millimetres;
(iii) have a depth, from the front of the seat to the front of the backrest thereof, of at
least 300 millimetres;
(iv) have a width in accordance with the provisions of paragraph (a);
(v) where such seat faces in the same direction as another seat, have a horizontal
distance at seat level, between the front of the backrest of such seat and the back
of the backrest of the seat in front of the first mentioned seat, of at least 530
millimetres;
(vi) where such seat faces a partition or similar obstruction, have a horizontal distance
at seat level, between the front of the backrest of such seat and such partition or
obstruction, of at least 530 millimetres; and
(vii) where such seat faces another seat, have a horizontal distance at seat level,
between the fronts of the backrests of such seats, of at least one comma zero six
metres; and
(c) for the purpose of determining the number of persons who may be carried on such bus,
the mass of a person together with his or her personal effects shall be taken as 45
kilograms.

Reg 264A. Destination indicators

(1) A bus conveying persons for reward on a fixed route, other than a school bus, may be fitted in
the front with a destination indicator on which the destination of, or route to be followed by, such bus

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shall be clearly indicated.
(2) The destination indicator shall be of an electronic type, or of a manual roller type, which can
be scrolled up or down to indicate either the secondary or main destination.
(3) An amber lamp shall illuminate the destination indicator during the period between sunset and
sunrise and at any other time when, due to insufficient light or unfavourable weather conditions,
persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres.

RULES OF THE ROAD AND MATTERS RELATING THERETO

Rules of the road

Reg 296. Vehicle to be driven on left side of roadway

(1) Any person driving a vehicle on a public road shall do so by driving on the left side of the
roadway and, where such roadway is of sufficient width, in such manner as not to encroach on that
half of the roadway to his or her right: Provided that such encroachment shall be permissible—
(a) where it can be done without obstructing or endangering other traffic or property which
is or may be on such half and for a period and distance not longer than is necessary and
prudent and provided that it is not prohibited by a road traffic sign; or
(b) in compliance with a direction of a traffic officer or a road traffic sign.
(2) The provisions of subregulation (1) shall not apply in the case of a public road which is
restricted to traffic moving thereon in one direction only.

Reg 296A. Dedicated public transport vehicle occupancy vehicle lanes

(1) No. person shall drive a motor vehicle on a dedicated lane, other than the class of vehicles
referred to by such sign, between the hours of 06h00 to 09h00 and 16h00 to 18h30 Monday to
Friday, except weekends and public holidays. Provided that the driver of a vehicle, other than the
driver of a vehicle of the class referred to by such sign, may only enter such dedicated lane, if-
(a) he or she cannot enter or leave any premises adjacent to such dedicated lane;
(b) he or she cannot enter or leave any public road without encroaching unto such dedicated
lane;
(c) he or she intend turning at the next intersection, on-ramp, off-ramp; and
(d) in compliance with a direction of a traffic officer or a road traffic sign;

(2) The provision of subregulation (1) shall not apply in case of emergencies, to the driver of a fire-
fighting vehicle, a fire-fighting response vehicle, an emergency medical response vehicle, a rescue
vehicle or an ambulance, a vehicle which is engaged in civil protection as contemplated in section 3
of the Civil Protection Act, 1977 (Act No. 76 of 1977) or a traffic officer who drives such vehicle in
execution of his or her duties;
(3) No person shall operate a motor vehicle on a rapid transport lane, other than a rapid transport
bus and rapid transport bus-train which forms part of a bus rapid transport system. Provided that the
driver of a vehicle may only enter such rapid transport lane, under circumstances mentioned in
regulation (1) (a), (b), (c) and (d).

Reg 297. Driving on divided public road

(1) Whenever any public road has been divided into two or more roadways by means of an
intervening space or by a physical barrier or dividing section so constructed as to impede vehicular

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traffic, no person shall drive a vehicle upon such public road except upon the left-hand roadway,
unless directed or permitted by an appropriate road traffic sign or a traffic officer to use another
roadway.
(2) No person shall drive a vehicle on, over, across or within any dividing space, barrier or section
referred to in subregulation (1), except through a constructed intersection: Provided that no person
shall so drive through such constructed intersection where such driving is prohibited by an
appropriate road traffic sign or by a traffic officer: Provided further that the provisions of this
subregulation shall not apply to a traffic officer in the performance of his or her duties.

Reg 298. Passing of vehicle

(1) Subject to the provisions of subregulation (2) and (4) and regulation 296, the driver of a vehicle
intending to pass any other vehicle proceeding in the same direction on a public road shall pass to
the right thereof at a safe distance and shall not again drive on the left side of the roadway until
safely clear of the vehicle so passed: Provided that, in the circumstances as aforesaid, passing on
the left of such vehicle shall be permissible if the person driving the passing vehicle can do so with
safety to himself or herself and other traffic or property which is or may be on such road and—
(a) the vehicle being passed is turning to its right or the driver thereof has signalled his or
her intention of turning to his or her right;
(b) such road is a public road in an urban area and—
(i) is restricted to vehicles moving in one direction; and
(ii) the roadway is of sufficient width for two or more lines of moving vehicles;
(c) such road is a public road in an urban area and the roadway is of sufficient width for two
or more lines of moving vehicles moving in each direction;
(d) the roadway of such road is restricted to vehicles moving in one direction and is divided
into traffic lanes by appropriate road traffic signs; or
(e) he or she is driving in compliance with the directions of a traffic officer or is driving in
traffic which is under the general direction of such officer, and in accordance with such
direction:
Provided further that in no event shall any passing referred to in paragraph (a), (b), (c) or (d) be done
by driving on the shoulders of the roadway or on the verge of the public road concerned.
(2) The driver of a vehicle shall not pass other traffic proceeding in the same direction on a public
road when approaching—
(a) the summit of a rise;
(b) a curve; or
(c) any other place,
where his or her view is so restricted that any such passing could create a hazard in relation to other
traffic which might approach from the opposite direction, unless—
(i) he or she can do so without encroaching on the right-hand side of the roadway; or
(ii) the roadway of such road is restricted to vehicles moving in one direction.
(3) The driver of a vehicle on a public road shall, except in the circumstances referred to in the
first proviso to subregulation (1), upon becoming aware of other traffic proceeding in the same
direction and wishing to pass his or her vehicle, cause his or her vehicle to travel as near to the left
edge of the roadway as is possible, without endangering himself or herself or other traffic or property
on the roadway, and shall not accelerate the speed of his or her vehicle until the other vehicle has
passed.
(4) When about to pass oncoming traffic, the driver of a vehicle on a public road shall ensure that

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the vehicle driven by him or her does not encroach on the roadway to his or her right in such manner
as may obstruct or endanger such oncoming traffic.
(5) The driver of a vehicle intending to pass a stationary bus on a public road shall do so with due
care for the safety of persons who are approaching or leaving or may approach or leave such bus.

Reg 298A. Prohibition on driving on shoulder of public road, except in certain circumstances
(1) Subject to subregulation (2) and regulation 298(1)(e), no person shall drive a motor
vehicle on the shoulder of a public road.
(2) Notwithstanding subregulation (1), the driver of a motor vehicle may, during the
period between sunrise and sunset, drive such motor vehicle on the shoulder of
a public road which is designated for one lane of traffic in each direction—
(a) while such motor vehicle is being overtaken by another vehicle; and
b) if he or she can do so without endangering himself or herself, other traffic,
pedestrians or property on such public road;
(c) if persons and vehicles upon a public road are clearly discernible at a
distance of at least 150 metres.

Reg 299. Crossing or entering public road or traffic lane

(1) The driver of a vehicle shall not cross a public road unless the road is clear of moving traffic
for a sufficient distance to allow him or her to cross the road without obstructing or endangering any
such traffic.
(2) The driver of a vehicle shall not enter a public road unless he or she can do so with safety to
himself or herself and other traffic.
(3) The driver of a vehicle on a public road divided into traffic lanes by appropriate road traffic
signs shall not turn from one lane into or across another lane unless he or she can do so without
obstructing or endangering other traffic.

Reg 300. Driving signals

The driver of a vehicle on a public road who intends to stop such vehicle or suddenly reduce the
speed thereof, or to turn such vehicle to the left or to the right, or to move such vehicle to the left or
right on the roadway, shall give a conspicuous signal, in the manner prescribed in regulations 324
to 328, of his or her intention, visible to any person approaching him or her from the front or from the
rear or from the side, and of a duration sufficient to warn any such person of his or her intention.

Reg 301. Right of way at certain road junctions

The driver of a vehicle on a public road shall, when he or she intends entering any portion of a public
road which constitutes a junction of two or more public roads where vehicular traffic is required to
move around a traffic island within such junction, yield the right of way to all vehicular traffic
approaching from his or her right within such junction, unless his or her entry into such junction is
controlled by an instruction given by a traffic officer or a direction conveyed by a road traffic sign
requiring him or her to act differently.

Reg 302. Procedure when turning

(1) The driver of a vehicle on a public road who desires to turn to the left shall, having due regard
to the provisions of regulation 301, before reaching the point at which he or she intends to turn,

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indicate, in the manner prescribed in these regulations, his or her intention to turn and shall steer his
vehicle as near to the left side of the roadway on which he or she is travelling as circumstances may
permit and shall make such turn with due care and merge into such traffic stream as may at the time
be proceeding along, towards or into the public road into which he desires to turn.
(2) The driver of a vehicle on a public road who desires to turn to the right shall, having due regard
to the provisions of regulation 301, before reaching the point at which he or she intends to turn,
indicate in the manner prescribed in these regulations, his or her intention to turn and shall not effect
such turning unless he or she can do so without obstructing or endangering other traffic and—
(a) if he or she is driving a vehicle on the roadway of a public road which roadway is intended
for traffic in both directions—
(i) he or she shall steer such vehicle as near as circumstances may permit to the
immediate left of the middle of the roadway on which he or she is travelling; and
(ii) where the turn is at an intersection, he or she shall not encroach on the right half
of the roadway into or out of which he or she intends to turn, except in the
intersection itself, but shall in any event pass to the left of any traffic island in such
intersection or comply with the direction conveyed by any appropriate road traffic
sign; or
(b) if he or she is driving a vehicle on a roadway of a public road where such roadway is
intended for traffic in only one direction—
(i) he or she shall steer such vehicle as near as circumstances permit to the right side
of such roadway; and
(ii) where the turn is at an intersection he or she shall not encroach on the right half of
the roadway into which he or she intends to turn, except in the intersection itself
but shall in any event pass to the left of any traffic island in such intersection or
comply with the direction conveyed by an appropriate road traffic sign: Provided
that where such turn is to be made into a roadway intended for traffic in only one
direction, he or she may encroach on the right half of that roadway.

Reg 303. Towing of vehicles

No person may operate any vehicle on a public road while towing or drawing another vehicle save
in the manner prescribed in these regulations for the towing or drawing of any vehicle by another
vehicle on a public road.

Reg 304. Stopping of vehicles

Except in order to avoid an accident, or in compliance with a road traffic sign or with a direction given
by a traffic officer, or for any cause beyond the control of the driver, no person shall stop a vehicle
on the roadway of a public road—
(a) alongside or opposite an excavation or obstruction on the public road if other traffic would
be obstructed or endangered by such stopping;
(b) within any tunnel or subway or on any bridge or within six metres of any tunnel, subway
or bridge;
(c) on, or within six metres from the beginning or end of, any part of such roadway where
the normal width thereof has for any reason been constricted;
(d) in contravention of any road traffic sign;
(e) on the right-hand side of such roadway facing oncoming traffic;
(f) alongside or opposite any other vehicle on such roadway where such roadway is less
than nine metres wide;

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 (g) within the railway reserve at a level crossing;
(h) within nine metres of his or her approaching side of a pedestrian crossing demarcated
by appropriate road traffic signs; or
(i) in any other place where the stopping of a vehicle would or would be likely to constitute
a danger or an obstruction to other traffic.

Reg 305. Parking of vehicles

(1) No person shall park a vehicle on a public road—
(a) in contravention of any road traffic sign;
(b) in any place referred to in regulation 304;
(c) on the same side as a fire hydrant within an area bounded by the centre-line of the
roadway and lines at right angles to such centre-line one and a half metres on either side
of the hydrant, if such hydrant is clearly visible to and recognisable as such by drivers of
moving vehicles, or if it is indicated by an appropriate road traffic sign;
(d) in any place where the vehicle would obscure any road traffic sign;
(e) in such manner as to encroach upon the sidewalk, if any; or
(f) in such manner as to obstruct any private or public vehicular entrance to such road.
(2) The provisions of subregulation (1)(e) shall not apply to any vehicle, other than a motor vehicle,
while it is being used in carrying on the business of street vendor, pedlar or hawker, unless it exceeds
such maximum weight, height, length or mass as may be prescribed in these regulations.
(3) No person shall park a vehicle on any portion of the roadway (excluding the shoulders) of a
public road outside an urban area or with any part of such vehicle within one metre of the edge of
such roadway except in a parking place demarcated by an appropriate road traffic sign.
(4) No person shall park a vehicle on the roadway of a public road within an urban area—
(a) within nine metres of the side from which he or she approaches a pedestrian crossing
demarcated by appropriate road traffic signs, unless such parking is permitted by
appropriate road traffic signs;
(b) within five metres of any intersection unless such parking is permitted by a road traffic
sign;
(c) upon or over the actuating mechanism of a traffic signal;
(d) (i) with the outside of any left-hand wheel thereof more than 450 millimetres within
the roadway; or
(ii) where the public road concerned is restricted to vehicles moving in one direction
and the vehicle is parked on the side of the roadway, with the outside of any right
hand wheel thereof more than 450 millimetres within the roadway,
unless such parking is permitted by an appropriate road traffic sign; or
(e) which is less than five and a half metres wide unless the public road concerned is
restricted to vehicles moving in one direction and such parking is permitted by
appropriate road traffic signs.
(5) No person shall park a motor vehicle on a traffic island or in a pedestrian mall or pedestrian
lane.
(6) Whenever a vehicle has been parked in contravention of any provision of the Act or any by-law
made under the Act, or in contravention of or in disregard of the directions of any road traffic sign or
notice board as prescribed in these regulations, such vehicle may be removed or caused to be
removed and impounded by a traffic officer, and unless the vehicle has been so parked in the course

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of a theft thereof, the owner shall bear the costs of such removal and impoundment.
(7) No person other than a disabled person or a driver of a motor vehicle conveying disabled
persons, which motor vehicle is issued with a sticker for conveying disabled persons shall park on a
parking bay reserved for disabled persons.

Reg 306. Certain vehicles may be stopped and parked at any place where necessary
(1) Notwithstanding the provisions of regulations 304 and 305, the driver of a fire-fighting vehicle,
a fire-fighting response vehicle, an emergency medical response vehicle, a rescue vehicle or an
ambulance who drives such vehicle in the execution of his or her duties, a traffic officer who drives
a vehicle in the execution of his or her duties, a person who drives a vehicle while he or she is
engaged in civil protection as contemplated in section 3 of the Civil Protection Act, 1977 (Act No. 67
of 1977), or a person who drives a vehicle while it is used in connection with the construction or
maintenance of a public road or the rendering of an essential public service, may stop or park the
vehicle concerned at any place where it may be necessary to do so: Provided that the vehicle is
stopped or parked in such a manner that it does not constitute an unnecessary danger or confusion
to other road users.
(2) A vehicle stopped or parked in terms of subregulation (1) shall, while such vehicle is so stopped
or parked, display the identification lamps prescribed in regulation 176.

Reg 307. Compulsory stops

The driver of a vehicle on a public road shall stop such vehicle—
(a) in compliance with any direction conveyed by a road traffic sign or given by a traffic officer
in uniform; or
(b) at the request or on the signal of a person leading or driving any bovine animal, horse,
ass, mule, sheep, goat, pig or ostrich on such road.

Reg 308. General duties of driver or passenger of vehicle on public road

(1) No person driving or having a vehicle on a public road shall—
(a) cause such vehicle to travel backwards unless it can be done in safety, or cause it to run
backwards for a distance or time longer than may be necessary for the safety or
reasonable convenience of any occupant of that vehicle or of other traffic on such road;
or
(b) follow another vehicle more closely than is reasonable and prudent having regard to the
speed of such other vehicle and the traffic on and the condition of the roadway, or more
closely than is prescribed in these regulations;
(c) permit any person, animal or object to occupy any position in or on such vehicle which
may prevent the driver thereof from exercising complete control over the movements of
the vehicle or signalling his or her intention of stopping, slowing down or changing
direction;
(d) when driving such vehicle, permit any person to take hold of or interfere with the steering
or operating mechanism of the vehicle;
(e) when driving such vehicle, occupy such position that he or she does not have complete
control over the vehicle or does not have a full view of the roadway and the traffic ahead
of such vehicle.
(f) allow such vehicle to remain unattended on such road without setting its brake or
adopting such other method as will effectively prevent the vehicle from moving from the
position in which it is left;

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 (g) if such vehicle is parked or is stationary at the side of such road, drive the vehicle from
that position unless he or she is able to do so without interfering with moving traffic
approaching from any direction and with safety to himself or herself and others;
(h) fail to give an immediate and absolute right of way to a vehicle sounding a device or bell
or displaying an identification lamp in terms of section 58(3) or 60 or regulation 176;
(i) allow any portion of his or her body to protrude beyond such vehicle while it is in motion
on such road except for the purpose of giving any hand signal which he or she is required
or authorised to give in terms of these regulations or unless he or she is engaged in
examining or testing or parking such vehicle;
(j) permit any person or animal to occupy the roof, any step or running board or any other
place on top of a vehicle while such vehicle is in motion;
(k) cause or allow the engine thereof to run in such manner that it emits smoke or fumes
which would not be emitted if the engine were in good condition or ran in an efficient
manner;
(l) cause or allow the engine thereof to run while the motor vehicle is stationary and
unattended;
(m) negligently or wilfully deposit or cause or permit to be deposited any petrol or other liquid
fuel or any oil or grease or other flammable or offensive matter, ashes or other refuse, of
whatever nature, from such vehicle upon or alongside such road; or
(n) cause or allow the engine thereof to run while petrol or other flammable fuel is being
delivered into the fuel tank of such vehicle, or cause or allow such engine to be started
up before the delivery of the petrol or other flammable fuel into the fuel tank of such
vehicle has been completed and the cover of such fuel tank has been replaced.
(2) No person, other than the driver, shall take hold of or interfere with the steering or operating
mechanism of a vehicle while it is in motion on a public road, unless it may reasonably be inferred
that the driver is no longer capable of steering or controlling such vehicle.
(3) No passenger in a vehicle on a public road shall permit any part of his or her body to protrude
beyond such vehicle.
(4) No person shall enter or alight from any vehicle on a public road unless such vehicle is
stationary and unless he or she can do so with safety to himself or herself and other users of the
road.
(5) No person shall drive, pull or push a vehicle upon a sidewalk: Provided that the provisions of
this subregulation shall not apply to a perambulator, invalid chair, baby cart or child’s play vehicle.

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Reg 308A. Prohibition on use of communication device while driving
(1) No person shall drive a vehicle on a public road—
(a) while holding a cellular or mobile telephone or any other communication device in one
or both hands or with any other part of the body;
(b) while using or operating a cellular or mobile telephone or other communication device
unless such a cellular or mobile telephone or other communication device is affixed to
the vehicle or is part of the fixture in the vehicle and remains so affixed while being used
or operated, or is specially adapted or designed to be affixed to the person of the driver
as headgear, and is so used, to enable such driver to use or operate such telephone or
communication device without holding it in the manner contemplated in paragraph (a),
and remains so affixed while being used or operated.
(2) ….. (deleted)
(3) For the purposes of this regulation—
(a) the word “headgear” includes for the purposes of this regulation a device which specially
designed or adapted to allow the driver to use a cellular or mobile telephone or other
communication device in such a manner that he or she does not hold it in one or both
hands or with any other part of the body, and which is connected to the cellular or mobile
telephone or other communication device concerned, directly or indirectly, while being
fitted to or attached to one or both ears of the driver; and
(b) the phrases “cellular or mobile telephone or any other communication device” and
“cellular or mobile telephone or other communication device”, excludes land mobile radio
transmission and reception equipment operating in the frequency band 2 megahertz to
500 megahertz that is affixed to the vehicle or is part of the fixture in the vehicle.

Reg 308B. Prohibition on use of television receivers and visual display units in motor
vehicles

(1) No person may operate on a public road a motor vehicle that has a television receiver or visual
display unit in or on the vehicle operated while the vehicle is moving, or is stationary but not parked,
if any part or portion of the image on the screen:-
is visible to the driver from the normal driving position; or
is likely to distract the driver or other road users;
(2) The provisions of subregulation (1) do not apply to the driver if:
(a) driving a bus and the visual display unit is, or displays, a destination sign or other bus
sign;
(b) the visual display unit is, or is part of, a driver's navigational or intelligent
driving aid; or
(c) driving a double deck bus having a TV monitor.

Reg 309. Duties relating to motor cycle or motor tricycle

(1) No person shall drive a motor cycle or motor tricycle on a public road unless his or her feet
are resting on the front foot-rests suitable for the purpose and, where the design of such motor cycle
or motor tricycle makes it possible to do so, he or she is seated astride on the saddle of such motor
cycle or motor tricycle.
(2) No person shall on a public road carry a passenger on a motor cycle unless such cycle has
an engine with a cylinder capacity exceeding 50 cubic centimetres and unless such passenger is
seated in a side-car or astride on a pillion attached to such cycle and, in such latter event, the feet of

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the passenger are resting on foot-rests suitable for that purpose.
(3) Subject to the provisions of subregulation (2), not more than two persons shall ride upon a
motor cycle on a public road, excluding a person riding in a side-car attached to such motor cycle.
(4) Not more than two adult persons shall be carried in a side-car attached to a motor cycle on a
public road.
(5) No person or animal or object shall be carried on a motor cycle or motor tricycle on a public
road in front of the driver thereof: Provided that an object of a non-bulky nature may be so carried if
securely attached to the motor cycle or motor tricycle or placed in a suitable carrier fitted thereon for
that purpose and carried in such a way as not to obstruct the driver's view or prevent his or her
exercising complete control over such motor cycle or motor tricycle;
(6) (a) Persons, other than traffic officers in the performance of their duties, driving motor
cycles on a public road, shall drive in single file except in the course of overtaking another
motor cycle, and two or more persons driving motor cycles shall not overtake another
vehicle at the same time: Provided that where a public road is divided into traffic lanes,
each such lane shall, for the purposes of this paragraph, be regarded as a public road.
(b) For the purposes of paragraph (a), a motor cycle shall include a motor tricycle
(7) No person driving a motor cycle or motor tricycle on a public road or seated on such motor
cycle or motor tricycle shall take hold of any other vehicle in motion.
(8) Any person driving a motor cycle or motor tricycle on a public road shall do so with at least one
hand on the handlebars of such motor cycle or motor tricycle.
(9) Any person driving a motor cycle or motor tricycle on a public road shall do so in such manner
that all the wheels of such motor cycle or motor tricycle are in contact with the surface of the road
at all times.

Reg 310. Vehicle causing excessive noise

No person shall operate or permit to be operated on a public road a vehicle in such a manner as to
cause any excessive noise which can be avoided by the exercise of reasonable care on his or her
part.

Reg 310A. Use of hooter

No person shall on a public road use the sounding device or hooter of a vehicle except when such
use is necessary in order to comply with the provisions of these regulations or on the grounds of
safety.

Reg 311. Riding on pedal cycles

(1) No person shall ride a pedal cycle on a public road unless he or she is seated astride on the
saddle of such pedal cycle.
(2) Persons riding pedal cycles on a public road shall ride in single file except in the course of
overtaking another pedal cycle, and two or more persons riding pedal cycles shall not overtake
another vehicle at the same time.
(3) No person riding or seated on a pedal cycle on a public road shall take hold of any other vehicle
in motion.
(4) No person riding a pedal cycle on a public road shall deliberately cause such pedal cycle to
swerve from side to side.
(5) No person riding a pedal cycle on a public road shall carry thereon any person, animal or object
which obstructs his or her view or which prevents him or her from exercising complete control over

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the movements of such pedal cycle.
(6) A person riding a pedal cycle on a public road shall do so with at least one hand on the
handle-bars of such pedal cycle.
(7) Whenever a portion of a public road has been set aside for use by persons riding pedal cycles,
no person shall ride a pedal cycle on any other portion of such road.
(8) A person riding a pedal cycle on a public road or a portion of a public road set aside for use by
persons riding pedal cycles, shall do so in such manner that all the wheels of such pedal cycle are
in contact with the surface of the road at all times.

Reg 312. Device running on rails

(1) Whenever rails laid across any public road are used for the purposes of any locomotive or
other device running on rails, whether such device is drawn or propelled, no person driving or in
charge of such locomotive or device shall cause or allow such locomotive or device to cross such
public road unless he or she has given sufficient warning to users of such roadway of the intention
to drive, draw or propel the locomotive or device across such road.
(2) No person driving or in charge of any locomotive or device mentioned in subregulation (1),
shall cause or allow it to be stopped on a public road in such a manner as to obstruct or hinder traffic
on such road: Provided that the provisions of this subregulation shall not apply to a locomotive or
device mentioned in subregulation (1) which is temporarily stopped on a public road—
(a) in compliance with an order or instruction, whether in writing or otherwise or a hand signal
or any other signal in relation to the use of such locomotive or device;
(b) for the purpose of loading or off-loading goods or allowing persons to board or alight at
any place; or
(c) for shunting purposes.

Reg 312A. Requirements for level crossing

A railway level crossing shall comply with SANS 3000 “Railway Safety Management Part 2-2-1:
Technical Requirements for Engineering and Operational Standards-Track, Civil and Electrical
Infrastructure Part 1: Level Crossings”.

Reg 313. Animal on public road

(1) Subject to the provisions of subregulation (2), no person shall leave or allow any bovine animal,
horse, ass, mule, sheep, goat, pig or ostrich to be on any section of a public road where that section
is fenced or in any other manner closed along both sides, and no person shall leave such animal in
a place from where it may stray onto such section of a public road.
(2) The provisions of subregulation (1) shall not apply—
(a) to any animal which is being ridden or is being used to draw a vehicle along a public
road; or
(b) to any animal which is being driven from one place to another in such manner as not to
constitute a source of danger or injury to any person or vehicle using such road.
(3) In any prosecution for a contravention of subregulation (1), it shall, in the absence of evidence
to the contrary, be presumed that any animal referred to in subregulation (1) was left or allowed to
be on the section of the public road or place concerned by the owner of such animal, and a section
of a public road shall be regarded as fenced or enclosed along both sides even though there is an
opening providing access to such road in the fence or other enclosure.
(4) No person shall drive any animal referred to in subregulation (1)—

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 (a) along a public road during the period from sunset to sunrise, unless a person carrying a
red light visible in clear weather for a distance of at least 150 metres tends such an
animal or, in the case of a flock or herd of more than 10 animals, a person tending such
animals and carrying a light as aforesaid precedes and another such person carrying a
light as aforesaid follows such animals; or
(b) along a public road during any other period, unless a person displaying in a conspicuous
manner a red cloth, of not less than 300 millimetres by 300 millimetres, tends such animal
or, in the case of a flock or herd of more than 10 animals, a person tending such animals
and displaying a cloth as aforesaid precedes and another such person displaying a cloth
as aforesaid follows such animals.
(5) A person in charge of an animal on a public road shall tend the animal in such a manner as
not to constitute an obstruction or danger to other traffic.
(6) A traffic officer may take charge of any animal referred to in subregulation (1) on a public road
or take such steps in respect of the animal as determined by the MEC of the province concerned.

Reg 314. Animal-drawn vehicles

(1) No person shall operate an animal-drawn vehicle on a public road unless the name and
address of the owner thereof is affixed or painted in a conspicuous position on the left side of such
vehicle in letters not less than 25 millimetres high: Provided that nothing herein contained shall apply
in respect of a vehicle used solely for the conveyance of persons otherwise than for hire or reward.
(2) No person shall operate an animal-drawn vehicle on a public road unless the vehicle and the
harness and other equipment thereof are in an efficient and safe condition.
(3) The owner of an animal-drawn vehicle shall not cause or permit such vehicle to be used on a
public road by any person who is not competent whether by reason of his or her age or otherwise to
drive and control such vehicle.
(4) The driver of an animal-drawn vehicle on a public road shall at all times give his or her
undivided attention to the driving of the vehicle under his or her control, and if the vehicle is standing
on a public road, the driver shall not cease to retain control over every animal which is still harnessed
to the vehicle, unless some other person competent to do so takes charge of every such animal, or
every such animal is so fastened that it cannot move from the place where it has been left.
(5) No person shall operate on a public road a vehicle drawn by a team of animals not controlled
by reins, unless there is a person leading the team and exercising control over such team.
(6) The driver or other person in charge of a vehicle drawn by any animal shall not, on a public
road outside an urban area, permit such vehicle to follow any other vehicle similarly drawn at a
distance of less than 150 metres calculated from the foremost animal of such first-mentioned vehicle,
except for the purpose of overtaking a vehicle travelling at a slower speed or when a vehicle travelling
at a greater speed, having overtaken such vehicle, is drawing away from it.

Reg 315. Pedestrian’s right of way in pedestrian crossing

(1) Where a pedestrian crossing is situated in conjunction with a traffic signal, a pedestrian shall
not enter such crossing except in accordance with the indications of such traffic signal as prescribed
in these regulations.
(2) In circumstances not referred to in subregulation (1), the driver of a vehicle shall yield the right
of way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within
a pedestrian crossing when the pedestrian is upon that half of the roadway upon which the vehicle
is travelling, or when the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
(3) No pedestrian shall suddenly enter a pedestrian crossing and walk or run into the path of a

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vehicle which is so close that it is impossible for the driver to yield as contemplated in subregulation
(2).
(4) Whenever any vehicle is stopped at a pedestrian crossing to permit pedestrians to cross the
roadway, the driver of any other vehicle approaching from the rear shall not pass such stopped
vehicle.

Reg 316. Duties of pedestrians

(1) Whenever a sidewalk or footpath abuts on the roadway of a public road, a pedestrian shall not
walk on such roadway except for the purpose of crossing from one side of such roadway to the other
or for some other sufficient reason.
(2) A pedestrian on a public road which has no sidewalk or footpath abutting on the roadway, shall
walk as near as is practicable to the edge of the roadway on his or her right-hand side so as to face
oncoming traffic on such roadway, except where the presence of pedestrians on the roadway is
prohibited by a prescribed road traffic sign.
(3) No pedestrian shall cross a public road without satisfying himself or herself that the roadway
is sufficiently free from oncoming traffic to permit him or her to cross the road in safety.
(4) A pedestrian, when crossing a public road by means of a pedestrian crossing or in any other
manner, shall not linger on such road but shall proceed with due despatch.
(5) No pedestrian on a public road shall conduct himself or herself in such a manner as to or as is
likely to constitute a source of danger to himself or herself or to other traffic which is or may be on
such road.
(6) A pedestrian may cross a public road only at a pedestrian crossing or an intersection or at a
distance further than 50 metres from such pedestrian crossing or intersection.

Reg 317. Racing and sport on public roads

(1) For the purposes of this regulation the expression “race or sport” includes—
(a) any race, speed trial, reliability trial, hill climbing competition or sports meeting; or
(i) which may constitute a source of danger to traffic; or
(ii) which may hamper, impede or disrupt the normal flow of traffic.
(2) No person shall organize or take part in any race or sport on a public road, unless the prior
written consent of the MEC of the province concerned has been obtained or, where the race or sport
will take place wholly within the area of jurisdiction of a local authority, the prior written consent of
such local authority has been obtained.
(3) In granting consent in terms of subregulation (2), the MEC or the local authority concerned, as
the case may be, may—
(a) in addition to any requirement prescribed in these regulations, impose such further
conditions as he or she or it may deem expedient;
(b) exempt any person concerned with the race or sport for the duration thereof—
(i) from any provision of the Act regarding any speed limit or determine another speed
limit for the road concerned;
(ii) from any other provision of the Act or from any by-law; or

(c) levy fees for defraying the expenses incurred by the Provincial Administration or local
authority concerned in connection with the race or sport.

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(4) Any consent granted in terms of subregulation (2) may be withdrawn at any time.
(5) A traffic officer responsible for the safety of the public in the area where the racing or sporting
event is staged or a traffic officer at the scene of the event, may immediately withdraw the permission
for the event or amend the conditions of the permit to ensure the safety of road users, if the staging
or continuation of the event, in the traffic officer’s opinion, is causing or will cause any danger or
undue obstructions for other road users or any of the participants in the event.

Reg 318. Convoys on public road

(1) No person shall operate on a public road a motor vehicle forming part of a convoy of motor
vehicles which are being delivered to a motor dealer or other person—
(a) between the hours of 18h00 on a Friday or, in the case where such Friday is a public
holiday, the Thursday immediately preceding such Friday, and 06h00 on a Monday, or
in the case where such Monday is a public holiday, the Tuesday immediately succeeding
such Monday; or
(b) between the hours of 18h00 on the day immediately preceding Christmas Day and 06h00
on the day immediately succeeding the Day of Goodwill, to the extent to which such
hours do not already fall within a period contemplated in paragraph (a).
(2) In a prosecution for a contravention of subregulation (1), it shall, in the absence of evidence to
the contrary, be presumed that the motor vehicle concerned was in the process of being delivered
to a motor dealer or other person.

Reg 319. Hindering or obstructing traffic on public road

(1) No person shall wilfully or unnecessarily prevent, hinder or interrupt the free and proper
passage of traffic on a public road.
(2) Subject to the provisions of the Act or any other law, no person shall place or abandon or cause
to be placed or abandoned on a public road any object that may endanger or cause damage to traffic
on such road.

Reg 320. Vehicle left or abandoned on public road

(1) Any vehicle standing on a public road in a position or in circumstances which in the opinion of
a traffic officer, is likely to cause danger or an obstruction to other traffic on such road, may be
removed forthwith to a Government facility by any such traffic officer or person or authority instructed
by such officer to remove such vehicle and in the case where such a vehicle was carrying persons
which is left stranded at the scene when the vehicle is removed to a safer place, the traffic officer
concerned may arrange and contract with any other person to provide the necessary transport to
such persons: Provided that such traffic officer or person or authority shall, in removing such vehicle,
use such device or devices as may be necessary, having regard to the public safety.

(1A) The owner of a vehicle referred to in subregulation (1) shall be liable for all expenses incurred
in the removal and storage of such vehicle and the arrangement and contracting of another vehicle
to transport stranded persons.
(2) Any vehicle—
(a) parked in a place where—
(i) the stopping of a vehicle is prohibited in terms of regulation 304; or
(ii) a vehicle of a class to which such vehicle belongs may not be parked;
(b) left for a continuous period of more than—

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 (i) 24 hours in the same place on a public road outside an urban area;
(ii) seven days in the same place on a public road within an urban area; or
(iii) seven days on the site of any testing station; or
(iv) 21 days on the premises of any traffic authority.
(c) found on a public road and to which—
(i) no licence number is affixed or, in the opinion of a traffic officer, a false licence
number is affixed; or
(ii) no other number or anything else is affixed which may, in the opinion of a traffic
officer, serve to identify the owner,
shall be deemed to have been abandoned by the owner and such vehicle may be
removed by or on behalf of the authority having jurisdiction over the place or road
concerned and such authority shall take all reasonable steps to trace the owner, and the
owner shall, except in the case of a stolen vehicle, be liable to such authority for the
expenses incurred—
(aa) in the removal of such vehicle;
(bb) in keeping the vehicle in custody for a period not exceeding four months;
and
(cc) in connection with the endeavour to trace him or her,
and such authority may, subject to the provisions of subregulation (3), retain possession of such
vehicle until such expenses have been paid.
(3) If—
(a) such owner is traced by the authority referred to in subregulation (2) which owner fails to
recover the vehicle concerned and pay the expenses referred to in that subregulation
within 14 days after being requested to do so; or
(b) after a lapse of one month from the date of removal contemplated in subregulation (2),
the owner cannot be traced,
such vehicle or anything contained therein may be sold in the manner prescribed by any law
governing the sale of movable property by such authority and, whenever possible, the authority
which registered such vehicle shall be advised of such sale.
(4) The proceeds of any sale referred to in subregulation (3) shall be applied firstly to the costs of
the removal, custody and sale of the vehicle concerned and all the endeavours made to trace the
owner of such vehicle, and any balance shall be paid to the owner thereof upon his or her
establishing his or her claim thereto: Provided that if no claim can be established within one year
from the date of such sale, such balance shall be forfeited to the authority concerned.
(5) If an authority referred to in subregulation (2) is unable to sell any vehicle as contemplated in
subregulation (3), it may dispose of that vehicle in any manner it deems fit, and any moneys received
as a result of such disposal shall be forfeited to such authority.
(6) An authority referred to in subregulation (2) may delegate, either generally or specifically, any
power conferred upon it in terms of that subregulation to any person in its employment.
(7) The reasonable exercise by any person or authority of the powers conferred by this regulation
shall not render such person or authority subject to any liability in respect of the loss or theft of or
damage to any vehicle or part thereof or of anything therein or thereon.
(8) Subject to the provisions of any other law, no person shall leave a vehicle in the same place
on a public road for a continuous period of more than seven days.
Provided that any motor vehicle which has been impounded by a traffic authority and
the owner or title holder having been traced as contemplated in subregulation 2 fails to

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collect the motor vehicle within 12 months, such vehicle may be sold to defray any
costs incurred by the relevant authority.

Reg 321. Damage to public roads

No person shall on a public road:
(a) cause any wheel of any vehicle to drag or spin upon the surface of the roadway, except
in the case of an emergency;
(b) make use of chocks or shoes between any wheel of any vehicle moving along the
roadway and the surface of such roadway; or
(c) use any vehicle or thing or move any vehicle or thing on the roadway in a manner causing
or likely to cause damage thereto.

Reg 322. Trading on public roads

Except—
(a) on or in premises zoned or demarcated for that purpose by a competent authority in
terms of any law; or
(b) in such circumstances and in accordance with such requirements as may be prescribed,
or determined by by-law, no person shall sell, display, offer for sale or deliver pursuant
to a sale, any goods—
(i) on or alongside a public road inside an urban area, within 180 metres of a railway
level crossing or any road traffic sign denoting a blind corner or rise thereon or
within five metres from any intersection thereon; or
(ii) on or alongside any public road outside an urban area:
Provided that where a provincial administration is responsible for the maintenance of a public road
inside an urban area, the competent authority of such urban area shall not so zone or demarcate
premises in such urban area situated alongside such a road, without the prior approval of the MEC
concerned.

Reg 323. Special provisions relating to freeways

(1) No person shall operate on a freeway—
(a) a vehicle drawn by an animal;
(b) a pedal cycle;
(c) a motor cycle having an engine with a cylinder capacity not exceeding 50 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 in the Act;
(d) a motor tricycle or motor quadrucycle;

(d) a motor tricycle having an engine with a cylinder capacity not exceeding 500 cubic
centimetres or which is propelled by electrical power or a motor tricycle having an engine
with a cylinder capacity not exceeding 500 cubic centimetres and which can transport
three or more people including the driver or which is a vehicle as contemplated in
paragraph (b) of the definition of motor vehicle in the Act;
➢ w.e.f. a date to be determined by the Minister by Notice in the Gazette.

(e) a vehicle with a mass not exceeding 230 kilograms and specially designed, constructed
or adapted for the use of a person suffering from a physical defect or disability; or

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 (f) a tractor or a haulage tractor.
(2) No person shall—
(a) be on a freeway on foot except—
(i) within an area reserved for the stopping or parking of vehicles by an appropriate
road traffic sign;
(ii) for a cause beyond his or her control; or
(iii) in the case of any person performing service in the Citizen Force as contemplated
in section 21 of the Defence Act, 1957 (Act No. 44 of 1957), between the junction
of an offramp and the junction of an on-ramp on the left-hand side of the roadway,
unless a prescribed road traffic sign forbids the presence of such person on such
freeway or junction;
(b) leave or allow an animal to be on a freeway except in or on a motor vehicle or within an
area reserved for the stopping or parking of vehicles by an appropriate road traffic sign,
or leave an animal in a place from where it may stray onto a freeway;
(c) stop a vehicle on a freeway except—
(i) in compliance with a road traffic sign or a direction given by a traffic officer;
(ii) within an area reserved for the stopping or parking of vehicles by an appropriate
road traffic sign;
(iii) for any cause beyond his or her control; or
(iv) in an area referred to in paragraph (a)(iii) for the purpose of allowing persons so
performing service there to board or alight from such vehicle;
(d) give a hand signal when driving a motor vehicle on a freeway except for a cause beyond
his or her control.
(3) In a prosecution for a contravention of subregulation (2)(b), it shall, in the absence of evidence
to the contrary, be presumed that an animal was left or allowed on the freeway or place concerned
by the owner of such animal.
(4) The provisions of—
(a) subregulation (1)(f) shall not apply to a person who operates a tractor in connection with
the construction or maintenance of a freeway;
(b) subregulation (2)(a) shall not apply to—
(i) a traffic officer while he or she is engaged in the performance of his or her duties;
(ii) a person while he or she is engaged in rescue or salvage work;
(iii) a person while he or she is engaged in the construction or maintenance of a
freeway or the rendering of an essential public service; or
(iv) a person while he or she is engaged in civil protection as contemplated in section
3 of the Civil Protection Act, 1977 (Act No. 67 of 1977); and
(c) subregulation (2)(c) shall not apply to—
(i) the driver of—
(aa) an ambulance, fire-fighting vehicle or rescue vehicle; or
(bb) a breakdown vehicle while he or she is engaged in the salvaging of another
motor vehicle;
(ii) a traffic officer who drives a vehicle in the performance of his or her duties;
(iii) a person who drives a vehicle while it is used in connection with the construction

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 or maintenance of a freeway or the rendering of an essential public service; or
(iv) a person who drives a vehicle while he or she is engaged in civil protection as
contemplated in section 3 of the Civil Protection Act, 1977.
(5) Where the driver of a motor vehicle which is being driven in the right-hand traffic lane or in the
traffic lane furthest to the right on a freeway (hereinafter referred to as the first vehicle) becomes
aware that the driver of another motor vehicle (hereinafter referred to as the second vehicle) intends
to overtake the first vehicle, the driver of the first vehicle shall steer that vehicle to a lane to the left
of the one in which he or she is driving, without endangering himself or herself or other traffic or
property on the freeway, and shall not accelerate the speed of his or her vehicle until the second
vehicle has passed.
(6) For the purposes of subregulation (5) the driver of the second vehicle may make the driver of
the first vehicle aware that he or she intends to overtake the first vehicle by giving the driver thereof
a visible signal by means of flashing the headlights of his or her vehicle.

Driving signals and signals for the control of traffic

Reg 324. Left-turn hand signal
Subject to the provisions of regulations 323(2)(a) and 327, the driver of a vehicle on a public road
who intends to turn to the left or move to the left shall, before reaching the point at which he or she
intends to turn or move to the left, extend his or her right arm sideward from the shoulder with the
forearm in a vertical and downward position and move his or her forearm in a circular anti-clockwise
motion: Provided that in the case of a driver of a tractor, a two-wheel vehicle or an animal drawn
vehicle, such driver may, in lieu of the hand signal aforesaid, extend his or her left arm and hand
sideward from the shoulder and fully horizontal to the road with the palm of the hand turned to the
front.

Reg 325. Right-turn hand signal

Subject to the provisions of regulations 323(2)(d) and 327, the driver of a vehicle on a public road
who intends to turn to the right or move to the right shall, before reaching the point at which he or
she intends to turn or move to the right, extend his or her right arm and hand sideward from the
shoulder and fully horizontal to the road with the palm of the hand turned to the front.

Reg 326. Use of direction indicators in lieu of hand signals

(1) (a) The driver of a vehicle which is fitted with direction indicators in terms of the provisions
of regulations 193 to 199 shall signal his or her intention to turn or move to the left or
right by operating the direction indicator on the left or right side, as the case may be, of
the vehicle.
(b) The driver of a vehicle who has put a direction indicator into operation to signal his or her
intention to turn or move to the left or right shall, as soon as the need to signal has
passed, cease to keep such indicator in operation.
(2) The driver of a tractor or of a combination of motor vehicles of which the drawing vehicle is a
tractor, may in lieu of giving the appropriate hand signal, signal his or her intention to turn to the left
or to the right or move to the left or the right by extending a portable direction indicator which complies
with the following requirements:
(a) When in use, the indicator shall project at least 300 millimetres beyond the widest part
of the vehicle or load thereon, whichever is the wider;
(b) the portable direction indicator shall consist of a red fluorescent arrow of adequate
rigidity, with dimensions as shown in Diagram A hereto, attached to a handle the length
of which shall comply with the requirements of paragraph (a); and

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 (c) a yellow retro-reflector complying with the definition of a retro-reflector shall be fitted to
the front and back surfaces of the arrow as illustrated hereunder.

Reg 327. Signal to indicate intention to reduce speed

Subject to the provisions of regulation 323(2)(d), the driver of a vehicle on a public road who intends
to stop or to reduce speed suddenly shall before doing so extend his or her right arm sideward from
the shoulder with the forearm held in a vertical and upward position and the palm of the hand turned
to the front: Provided that the provisions of this regulation shall not apply to the driver of a vehicle
fitted with a stop lamp complying with the provisions of regulation 169.

Reg 328. Permissible hand signals

Subject to the provisions of regulation 323(2)(d), the driver of a vehicle may, in addition to the signals
prescribed in the preceding regulations, give the following hand signals:
(a) If he or she intends to slow down, he or she may extend his or her right arm sideward
from the shoulder with the palm of the hand turned downward and move his or her arm
slowly up and down; and
(b) if he or she desires to indicate to following traffic that it may overtake his or her vehicle
on the right, he or she may fully extend his or her right arm below the level of the shoulder
with the palm of the hand turned forward and move it backward and forward from the
shoulder.

Reg 329. Signals for use by traffic officer for control of traffic
(1) The signals which a traffic officer shall use for the control of traffic, are set out in Schedule 1:
Provided that a traffic officer is not prohibited from giving any other signal he or she may deem
appropriate in the exercise of his or her powers.
(2) A traffic officer who has given a stop signal to a driver of a vehicle or a pedestrian on a public
road, may lower the hand by which such signal was given or use it for giving other signals and any
such driver or pedestrian shall not proceed until such officer signals to him or her to do so.

General
Reg 330. Towing of vehicles
No person shall operate a vehicle on a public road towing another vehicle—
(a) if the length of the tow-rope, chain or tow-bar between the two vehicles exceeds three
and a half metres;
(b) if the towed vehicle is connected to the towing vehicle in such a manner that both vehicles
are not under control;
(c) unless the steering gear of the vehicle being towed is controlled by a person holding a
code of driving licence authorising him or her to drive the class of such vehicle, if the
towed vehicle is fitted with steering gear contemplated in regulation 200(1): Provided that
the provisions of this paragraph shall not apply in the case where—
(i) the steerable wheels of the towed vehicle are being carried clear of the ground; or
(ii) the device connecting the towing vehicle to the towed vehicle is such that the
steerable wheels of the towed vehicle are controlled by such device;
(d) if the brakes of the towed vehicle do not comply with the provisions of regulation 155,
unless the towing vehicle is connected to the towed vehicle by means of a drawbar or
tow-bar;

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 (e) at a speed in excess of 30 kilometres per hour, unless the towing vehicle is connected
to the towed vehicle by means of a drawbar or a tow-bar;
(f) if the towed vehicle is conveying persons at a speed in excess of 30 kilometres per hour,
unless the towed vehicle is a semi-trailer; or
(g) if the towing vehicle is a motor cycle, motor tricycle, motor quadrucycle or pedal cycle.

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 CHAPTER XIV
REGISTERS AND RECORDS

LEARNING OBJECTIVES
This chapter is mainly applicable to the duties and functions of the authorities.

General rules are also applicable to testing stations.

Sec 77. Registers or records to be kept

(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.

Sec 78. Copy of entry in register or record to be prima facie proof

(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;

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 (c) any department of State;
(d) a competent authority in a prescribed territory;
(e) a local authority; and
(f) an inspectorate appointed under this Act,
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.

(5) Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000),
the Minister may for the purposes of this Act, determine—
(a) information that may be provided to any person; and
(b) the fees payable for the provision of such information.

Sec 79. Cognisance may be taken of information contained in register or record

The Minister, the MEC concerned, the Shareholders Committee or the chief executive officer 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.

Reg 331. Matters relating to registers and records

(1) A registering authority shall retain records of all transactions executed by such registering
authority as contemplated in section 77 of the Act.
(2) A testing station shall—
(a) keep record of—
(i) all applications in terms of regulation 139 made to such testing station;
(ii) all tests and examinations conducted at such testing station;
(iii) all certifications of roadworthiness issued by such testing station;
(b) summarise on a monthly basis, the results of all applications, examinations and testing
conducted and provide copies of such summary to—
(i) the chief executive officer; and
(ii) the inspectorate of testing stations; and
(c) reconcile on a monthly basis, the number of tests conducted, the number of tests passed,
the number of certifications of roadworthiness issued and the stock of such certifications
in the possession of such testing station and provide such reconciliation to the MEC
concerned.
(3) A driving licence testing centre shall—
(a) keep record, arranged monthly in alphabetical order according to the surnames of the
applicants concerned—

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 (i) all applications in terms of regulation 103, 106 and 118 made to such testing
centre, containing the applicant’s name, identification number, applicable receipt
number and code of licence applied for;
(ii) all tests and examinations conducted at such testing centre and the results thereof;
and
(iii) all licences and professional driving permits issued by such testing centre;
(iv) all certificates of registration issued to instructors; and
(b) summarise, on a monthly basis, the results of all applications, examinations and tests
conducted and of licences, permits and registration certificates issued and provide
copies of such summary to—
(i) the chief executive officer; and
(ii) the inspectorate of driving licence testing centres.
(4) The chief executive officer shall—
(a) keep a register of—
(i) authorised officers;
(ii) driving licence testing centres;
(iii) testing stations;
(iv) operators;
(v) manufacturers, builders and importers; and
(vi) manufacturers of number plates.
(b) retain on a register referred to in paragraph (a), such information contained on any form
completed in terms of the Act, as he or she may deem necessary for the purpose of the
enforcement of the provisions of the Act.
(5) Final disposition of the records contemplated in this regulation shall be in accordance with the
provisions of the National Archives of South Africa Act, 1996 (Act No. 43 of 1996).
(6) Subject to subregulation 5 records may be kept as hard copy, microfilm or hard copies
converted into electronic format in such a way as to allow such records to be reconverted without
changing their original contents.
(7) Any summary or reconciliation of any records that has to be submitted to the MEC in terms of
this regulation, may be submitted in electronic format.

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 CHAPTER XV
GENERAL PROVISIONS
GENERAL PROVISIONS

► Comment: This chapter deals with general aspects which are not addressed elsewhere in the
legislation.

Sec 80. Parking for disabled persons

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.

Sec 80A. Power of local authority to make bylaws

(1) Subject to the provisions of any law in relation to the procedure to be followed in the making,
approval and promulgation of any bylaw by a local authority, any local authority may, with the
concurrence of the Premier concerned, make bylaws not inconsistent with the provisions of
this Act or the laws of the province, in respect of—
(a) the safety of traffic on any public road, the duty of any user of such road and the use of
any such road by any vehicle;
(b) subject to the provisions of the Business Act, 1991 (Act No. 71 of 1991), and any
regulation or bylaw made thereunder in relation to the restriction, regulation or control of
the carrying on of the business of street vendor, pedlar or hawker, the stopping and
parking of any vehicle on any public road or portion thereof, including bylaws relating to
the installation, regulation, supervision, maintenance and control of parking meters and
parking places;
(c) the appointment and licensing of parking attendants and the withdrawal of any such
licence;
(d) the driver or conductor of, or other person providing a service involving, a vehicle plying
for hire or a vehicle which transports or conveys passengers for a tariff;
(e) subject to the provisions of the Business Act, 1991 (Act No. 71 of 1991), and any
regulation or bylaw made thereunder in relation to the restriction, regulation or control of
the carrying on of the business of street vendor, pedlar or hawker, any public road which
is not to be used by any vehicle, either generally or at specific times;
(f) the relative position of traffic of differing speeds and classes on the public road;
(g) the place where and time when a vehicle may not turn so as to face in the opposite
direction to that in which it was proceeding or where it may only so turn under specified
conditions;
(h) the loading and offloading of any vehicle on a public road;
(i) the rules as to priority of entry of certain motor vehicles into a main thoroughfare;
( j) the use of a hooter, bell or other warning device and the conditions under which any such
warning device may be used within any specified area, whether at all times or during
specified periods;
(k) the appointment of an advisory traffic control board consisting of no fewer than three
members to advise the local authority on all questions of traffic control;
(l) the use of any public road by traffic in general;
(m) the limitation of age of drivers of vehicles drawn by animals;

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 (n) any form or token which a local authority may deem expedient for the purposes of any
bylaw, and the nature and extent of any information to be furnished for the purpose of
any such form;
(o) the enabling of any local authority in the event of any person failing to do anything
required of him or her under any bylaw to do such act and to recover the expenses
thereof from the person in default;
(p) the mass of any goods which or the number of passengers who or animals which may
be conveyed on a pedal cycle;
(q) the regulation, restriction, prohibition or control of the parking upon public roads of
vehicles owned, kept or used by dealers or which have been placed in their custody or
under their control in the course of any dealer’s business carried on by them; and
(r) any other matter in regard to which a local authority may make bylaws under this Act.
(2) The power to make bylaws 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.
(3) Any bylaw under subsection (1) may be made to apply generally throughout the area of the
local authority or within any specified part thereof or to any specified category of vehicle or
person.
(4) In so far as any bylaw of a local authority, irrespective of whether it has been made under this
Act or any other law, is incompatible with any regulation made under this Act, the regulation is
in force.
(5) Any bylaw made under this section may provide for penalties for a contravention thereof, and
may also provide for different penalties in case of successive or continuous breaches, but no
penalty may exceed a fine or imprisonment for a period of six months.

Sec 81. Vehicle and load may be exempted from provisions of Act

(1) The Minister 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 specifically, the operation on a public road of a vehicle which, due to
such vehicle’s original design cannot comply with this Act.
(2) 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 specifically, the conveyance in a safe manner on a public road of
passengers or any load otherwise than in accordance with this Act.
(3) An MEC shall determine the fees or charges payable for a vehicle or load that does not
comply with this Act.

[Published in Government Gazette 39710, GNR.188 of 19 February 2016]

I, Dipuo Peters, Minister of Transport, acting in terms of section 75 (6) of the National Road Traffic Act, 1996
(Act No. 93 of 1996) herewith makes the regulations in the Schedule. (See page 376)

Sec 82. Inspections for ensuring that provisions of Act are given effect to
(1) The Minister may authorise any person to carry out any inspection which the Minister
deems necessary in order to ensure that the provisions of this Act are being complied with.
(2) If the Minister delegates the power conferred upon him or her by subsection (1) to the
MEC concerned, that MEC may authorise any person to carry out the inspection
concerned.
(3) No person shall obstruct or hinder any person in the carrying out of any inspection
contemplated in subsection (1).

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 [Published in Government Gazette 34340, GNR.328 of 31 May 2011]
AUTHORISATION IN TERMS OF SECTION 82 OF NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO 93 OF
1996) TO THE NATIONAL TASK TEAM ON MOTOR VEHICLE TESTING STATIONS TO CONDUCT
INSPECTION TO ENSURE COMPLIANCE WITH THE PROVISION OF THE NATIONAL ROAD TRAFFIC
ACT, 1996
I, S'busiso Joel Ndebele, Minister of Transport, acting in terms of section 82 of the National Road Traffic Act,
1996, hereby authorise the NATIONAL TASK TEAM ON MOTOR VEHICLE TESTING STATIONS to conduct
inspection at any Motor vehicle Testing Stations to ensure that the provisions of the National Road Traffic Act,
1996, (Act No. 93 of 1996) are given effect to.

Sec 83. Doubt regarding use or classification of vehicle

If, for the purposes of this Act, doubt arises as to the use to which any vehicle is put or
the classification of any vehicle, such matter shall be submitted to the chief executive
officer for decision.

Sec 84. Variation of prescribed form

The Minister may, in any such circumstances as he or she may deem expedient,
authorise a registering or other authority to use, in place of a form prescribed for a
particular purpose, a form which varies from such prescribed form, and in respect of such
authority such varied form shall be deemed to be the prescribed form for that purpose.

Sec 85. Issue of document as proof of driving licence in special circumstances

(1) Notwithstanding anything to the contrary in this Act contained, the Director-
General of Home Affairs or any person authorised thereto by him or her may,
upon receipt of an application in the prescribed form and upon payment of such
fee as that Director-General may determine, issue to any person who is the holder
of a driving licence which is or was contained in an identity document, a document
certifying that such person is the holder of a driving licence and that there is no
objection against the issuing of a driving licence to such person in a prescribed
territory, provided—
(a) the said identity document ceased to be of force and effect in respect of
the applicant for the reason that he or she has ceased to be a South
African citizen; or
(b) that Director-General or any person authorised to act on his or her behalf,
satisfies himself or herself that the said identity document has been lost
or, in so far as it relates to the driving licence, that it has been destroyed
or defaced or the figures or particulars thereon have become illegible.
(2) An application referred to in subsection (1), shall be made as prescribed, and the
Director-General of Home Affairs or any person authorised to act on his or her
behalf shall issue such document in the prescribed manner.

Sec 86. Signature upon documents

Any person who is unable to sign his or her name shall, whenever his or her signature is
required upon any document in terms of this Act, impress in place thereof his or her left
thumb print upon the space within which he or she would otherwise have been required
to sign his or her name, and if his or her left thumb print is not available, he or she shall
in place thereof press another of his or her fingerprints, and in such latter event the
document so marked shall be endorsed by the officer in whose presence the print was
made, identifying the finger used.

Sec 87. Service of notices

(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

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 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.

Sec 88. State bound

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

Comment: In terms of the Adjustment of Fines Act, 1991, R40 000 = 1 year imprisonment
Sec 89. Offences and penalties (See Adjustment of Fines Act, 101 of 1991 for fine values)
(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
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 fine or to imprisonment for a period not exceeding six years; and
(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 fine or to imprisonment for a period not exceeding three years.
(4) Any person convicted of an offence in terms of subsection (1) read with section
61 (1) shall be liable—
(a) in the case of the death of or serious injury to a person where it is proved
that the person convicted has failed to comply with paragraph (a), (b), (c)
or (f) of section 61 (1), to a fine or to imprisonment for a period not
exceeding nine years;
(b) in the case of damage in respect of any property or animal of another
person where it is proved that the person convicted has failed to comply
with paragraph (a), (d) or ( f ) of section 61 (1), to a fine or to imprisonment
for a period not exceeding three years; or
(c) where it is proved that he or she has failed to comply with paragraph (e)
or (g) of section 61 (1), to a fine or to imprisonment for a period not
exceeding one year.
(5) Any person convicted of an offence in terms of subsection (1) read with section
63 (1) shall be liable—

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 (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.

Reg 333. Offences and penalties

Not only to be used for listed regulations. For other regulations use section 89 as reference.
Any person who contravenes or fails to comply with a provision of—
(a) regulation 221 (Overall length of vehicle);
(b) regulation 223 (Overall width of vehicle);
(c) regulation 224 (Overall height of vehicle and load);
(d) regulation 225 (Turning radius and wheelbase);
(e) regulation 226 (Overhang of vehicle);
(f) regulation 227 (Projections in case of vehicle other than a motor cycle, motor tricycle,
motor quadrucycle or pedal cycle);
(g) regulation 228 (Projections in case of motor cycle, motor tricycle, motor quadrucycle or
pedal cycle);
(h) regulation 229 (Warning in respect of projecting load);
(i) regulation 232 (Mass of persons and luggage for determining mass of load);
(j) regulation 233 (Number of persons that may be carried on motor vehicle in relation to
seating capacity);
(k) regulation 234 (Permissible maximum axle massload of a vehicle);
(l) regulation 235 (Permissible maximum axle unit massload of a vehicle);
(m) regulation 236 (Permissible maximum vehicle mass);
(n) regulation 237 (Permissible maximum combination mass);
(o) regulation 238 (Load on tyres);
(p) regulation 239 (Gross vehicle mass, gross axle massload, gross axle unit massload,
gross combination mass, power/ mass ratio and axle massload of driving axle/total mass
ratio not to be exceeded);
(q) regulation 240 (Massload carrying capacity of the road);
(r) regulation 241 (Massload carrying capacity of bridges);
(s) regulation 242 (Distribution of axle massload and wheel massload on vehicle fitted with
pneumatic tyres);
(t) regulation 243 (Axle massload of vehicles fitted with tyres other than pneumatic tyres);
(u) regulation 246 (Manner in which goods shall be carried); and
(v) regulation 247 (Circumstances under which persons may be carried on goods vehicle),

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 shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a
period not exceeding six years or to both such fine and such imprisonment.

Sec 90. ….. (Apportionment of fines - deleted)

Sec 91. Delegation by Minister and MEC

(1) The Minister may—
(a) delegate to any other person any power conferred upon him or her by this
Act other than the power conferred by section 75; and
(b) authorise any other person to perform any duty assigned to the Minister
by this Act,
and may effect such delegation or grant such authorisation subject to such
conditions as he or she may deem fit.
(2) The MEC concerned may—
(a) delegate to any other person any power conferred upon him or her by or
under this Act; and
(b) authorise any other person to perform any duty assigned to the MEC by
or under this Act and may effect such delegation or grant such
authorisation subject to such conditions as he or she may deem fit.
(3) Any delegation effected or authorisation granted under subsection (1) or (2) may
at any time be withdrawn by the Minister or by the MEC concerned, as the case
may be.

Sec 92. Fees

(1) 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.
(2) 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.
(3) 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.
(4) The fees—
(a) referred to in subsection (1) shall be administered in accordance with the laws
of the province concerned; and
(b) referred to in in subsection (2) and (3) shall be administered as prescribed.

Sec 93. Repeal of laws, and savings

(1) Subject to subsection (2), the laws mentioned in the Schedule are hereby repealed
to the extent indicated in third column thereof; and
(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,

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 imposed, granted, furnished, given or taken in terms of the corresponding
provision of this Act (if any).
(3) ……….. (Repealed)

Sec 93A. Transitional provisions

For the purposes of—
(a) sections 3A to 3E, 5, 6, 9, 10, 15, 16, 21, 25, 27, 28A to 28C, 29, 38, 39, 40, 45,
46, 50, 51A and 51B, any reference to the ‘chief executive officer’ or the
‘inspectorate of driving licence testing centres’ or ‘the inspectorate of testing
stations’ shall be regarded to be a reference to the ‘MEC concerned’;
(b) section 3 (1) and (2), any reference to the ‘Shareholders Committee shall, in
consultation with the relevant MEC’ shall be regarded to be a reference to the ‘MEC
concerned’ and any reference to the ‘Shareholders Committee’ shall be regarded
to be a reference to the ‘MEC concerned’;
(c) section 59, any reference to the ‘Shareholder’s Committee’ shall be regarded to be
a reference to the ‘MEC’s’;
(d) sections 3L, 77 and 83, any reference to the ‘Shareholders Committee’ or the ‘chief
executive officer’ shall be regarded to be a reference to the ‘Minister’;
(e) section 51A, any reference to the ‘Shareholders Committee’ shall be regarded to
be a reference to the ‘Minister’;
(f) 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 section of the Act shall be regulated
as stated in the relevant section.

APPOINTMENT OF TRAFFIC OFFICERS BY THE CHIEF EXECUTIVE OFFICER OF THE ROAD TRAFFIC MANAGEMENT
CORPORATION [Published in Government Gazette 34316, GNR.310 of 25 May 2011]

APPOINTMENT OF TRAFFIC OFFICERS BY THE CHIEF EXECUTIVE OFFICER OF THE ROAD TRAFFIC
MANAGEMENT CORPORATION.
I Sibusiso Joel Ndebele, Minister of Transport, hereby give Notice, in terms of Section 93A of National Road Traffic Act, 1996
(Act No. 93 of 1996), that the functionary prescribed in section 3A (1) (a) of Act, 1996 (Act No. 93 of 1996), for the appointment
of traffic officers to serve under the National Traffic Law Enforcement Unit, shall be regulated from the date of publication of this
Notice, in accordance with provisions of that section.

Sec 93B. Transitional provision: General

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 regarded to have been issued, made, given, granted or taken
under the corresponding provisions of this Act.

Sec 94. Short title and commencement

(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;

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 (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.

Miscellaneous

Reg 334. Vehicles owned by Department of Defence exempt

Any vehicle owned by the Department of Defence and which is not designed or adapted for the
conveyance of goods or persons is exempt from the provisions of these regulations relating to the
construction, equipment or loads on vehicles, other than the provisions of regulations 212, 234, 235,
236, 237, 240, 241 and 242.

Reg 335. Application for and issue of traffic register number and certificate
(1) An application for a traffic register number for the purpose of obtaining acceptable identification
as contemplated in the definition of “acceptable identification”, shall be made to the appropriate
registering authority on form ANR as shown in Schedule 2 and shall be accompanied by—
(a) in the case of a body of persons, acceptable identification of the natural persons
nominated as the representative, the proxy and the signee of the application and a form
of proxy; or
(b) in the case of a natural person not permanently resident in the Republic—
(i) a temporary identity certificate, an unexpired passport or a temporary permit or
other document of identity of a class recognised by the Minister of Home Affairs in
terms of the legislation regulating the admission of persons to the Republic; and
(ii) two photographs of the applicant that comply with regulation 103(1).
(c) proof as contemplated in regulations 32A.

(2) The registering authority referred to in subregulation (1) shall—

(a) in the case of a body of persons and if satisfied that the application is in order, allocate
a traffic register number to the applicant and issue a traffic register number certificate on
form RNC as shown in Schedule 2; or
(b) in the case of a natural person and if satisfied that the application is in order—
(i) complete the traffic register number certificate on form RNC as shown in Schedule
2;
(ii) ensure that the applicant signs the certificate;
(iii) affix one photograph to the certificate and one photograph to the carbon copy, or
to the application form if form RNC was printed by the register of traffic register
numbers;
(iv) affix one lamination strip to the certificate and another to the carbon copy, or to the
application form, if applicable, to cover the photograph and personal particulars of
the holder;
(v) issue the certificate; and
(vi) retain the application form and, if not printed by the register of traffic register
numbers, the carbon copy of the certificate for record purposes.

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(3) If any of the particulars submitted in the application referred to in subregulation (1) or contained
in the traffic register number certificate change, the holder thereof shall, within 21 days of such
change-
(a) notify the appropriate registering authority on form ANR as shown in Schedule 2 and the
provisions of subregulation (2) shall apply mutatis mutandis; and
(b) submit proof, in terms of regulation 32A(3), of such change.
(4) If a person or body of persons who is the holder of a traffic register number certificate, becomes
the holder of any other document referred to in the definition of “acceptable identification” he or she
shall, within 21 days after becoming such holder, notify the appropriate registering authority referred
to in subregulation (1) thereof on form ANR as shown in Schedule 2 and shall at the same time hand
such document together with the traffic register number certificate to such registering authority.
(5) The registering authority shall, if satisfied that the notification referred to in subregulation (4) is
in order, cancel the traffic register number certificate and amend its records accordingly.

Reg 335A. Inspector of licences or traffic officer entitled to free use of certain facilities
Where an inspector of licences or traffic officer in the performance of his or her duties makes use of
any testing or mass measuring facility provided by a registering authority, no payment shall be
demanded for such use.

Reg 335B. Officer to use prescribed forms

An inspector of licences or a traffic officer who issues a receipt for the impoundment of a document
in terms of section 3F (e), 3F (h), 3I ( j) or 3I (n) of the Act, as the case may be, shall use form NRD
as shown in Schedule 2.

Reg 336. Proxy and representative

(1) A person carrying on a business or a body of persons, referred to in paragraph (a)(ii), (iii) or
(iv) of the definition of “appropriate registering authority” in regulation 1 , shall identify one proxy and
one representative in respect of each branch of such business or body of persons.
(2) For the purposes of section 332(11) of the Criminal Procedure Act, 1977, the proxy or
representative, as the case may be, identified in terms of subregulation (1), is deemed to be a director
as defined in section 332 (10) of that Act.

Reg 337. Prohibition of use of certain lamps or lighting devices

(1) No person shall use a lamp or lighting device in such a manner that the visibility of such lamp
or lighting device from a public road, endangers public safety.
(2) This regulation does not apply to lamps and lighting devices which are used—
(a) on a motor vehicle;
(b) in accordance with any law;
(c) by the State or any other statutory body, in the execution of its functions, powers and
duties; or
(d) under a written authorisation issued by the local authority concerned.
(3) Lamps and lighting devices which are in use in contravention of the provisions of subregulation
(1) at the date of commencement of this regulation, may be so used until such time as the local
authority concerned directs that it be removed or altered in terms of subregulation (5), in which event
the cost of such removal or alteration shall be borne by the persons so using the lamps or lighting
devices.

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(4) The local authority concerned may authorise the use of a lamp or lighting device which is
visible from a public road under such conditions and for such a period as determined by such local
authority and such authorisation may be altered or revoked at any time by that local authority.
(5) If the local authority concerned is satisfied that a lamp or lighting device is used in
contravention of the provisions of this regulation, that local authority may by written notice direct the
person so using such lamp or lighting device, to alter or remove that lamp or lighting device at his or
her cost within the period determined by that local authority, which period shall not be less than 14
days.
(6) If a direction in terms of subregulation (5) has not been complied with within the period referred
to in that subregulation, the local authority concerned may remove or alter the lamp or lighting device
concerned and recover the cost of such removal or alteration from the person using such lamp or
lighting device.
(7) For the purposes of this regulation a lamp or lighting device shall be deemed to be used by the
person on whose property such lamp or lighting device has been erected.

Reg 337A. Duplicate of document or token

(1) If—
(a) a registering authority is satisfied that a certificate, licence or other document or token
issued in terms of the Act by means of a computer under the control of the Minister; or
(b) a registering authority or other authority is satisfied that a certificate, licence or other
document or token, other than a document or token contemplated in paragraph (a),
issued by it in terms of the Act,
has been lost, destroyed or defaced or that the figures or particulars thereon have become illegible,
such authority shall, upon receipt of an application on form CDV as shown in Schedule 2 and upon
payment of the fees determined by the MEC of the province concerned, issue a duplicate of such
certificate, licence or other document or token to the person who, in the opinion of such authority, is
entitled thereto, with either the word “DUPLICATE” written thereon or the issue number printed
thereon: Provided that a duplicate of—
(i) a licence disc shall not be issued, and where such disc has been lost, destroyed
or defaced or the figures or particulars thereon have become illegible, the person
to whom such licence disc was issued, shall—
(aa) in the case of a motor vehicle licence, apply for the issue of such a licence;
or
(bb) in the case of a motor trade number, apply for the cancellation of the motor
trade number concerned and the issue of a new motor trade number;
(ii) a learner’s licence which was issued in accordance with section 17(3) shall only
be issued to the person to whom the original licence was issued.
(2) If, after the issue of a duplicate in terms of subregulation (1), the original certificate, licence or
other document or token is found, the person to whom the duplicate was issued shall take all
reasonable steps to obtain possession thereof and return it forthwith to the authority which issued
the duplicate.
(3) Notwithstanding the provisions of subregulation (1) a registering authority shall only issue a
duplicate of a registration certificate in respect of a motor vehicle to the title holder of such motor
vehicle, or to the proxy of representative of the title holder concerned if such title holder, proxy or
representative apply in person for such registration certificate on form DRC as shown in Schedule
2.

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Reg 337B. Manner of application for South African Police Service clearance of the motor
vehicle

(1) If a South African Police Service vehicle clearance for a motor vehicle is required in terms of
the regulations, the motor vehicle shall be referred by means of form RPC to a designated South
African Police Service vehicle clearance office for a clearance.

(2) The title holder or owner of the motor vehicle referred to in sub-regulation (1) shall ensure that
microdots are applied to such motor vehicle in accordance with the requirements of SANS 534-1, if
not already fitted with microdots.

(3) The motor vehicle referred to in sub-regulation (1) shall be presented to a designated South
African Police Service vehicle clearance office for clearance and shall be accompanied by—

(a) the acceptable identification of the title holder or owner and that of the presenter of the
motor vehicle and, in the case of a body of persons, that of its proxy and representative
and a letter of proxy; and
(b) form RPC notification referred to in sub-regulation (1).
(4) On receipt of a notification referred to in sub-regulation (1), the South African Police Service
shall-
(a) examine the motor vehicle by physically examining the chassis number and engine
number or an electric motor number if fitted with an engine or electric motor;
(b) confirm that the motor vehicle is fitted with microdots;
(c) if not satisfied, refer the matter to the South African Police Service Vehicle Identification
Section in whose area of jurisdiction the South African Police Service vehicle clearance
office is located;
(d) update the form RPC notification referred to in sub-regulation (1) and sub-regulation (3).
(5) The title holder or owner of the motor vehicle referred to in sub-regulation (1) shall, after
clearance of such motor vehicle, return the RPC notification referred to in sub-regulation (4) to the
appropriate registering authority.
(6) The appropriate registering authority-
(a) shall update the particulars pertaining to the motor vehicle concerned in the register of
motor vehicles accordingly; and
(b) shall retain and file the form RPC notification referred to in sub-regulation (5).

Reg 337C. Storage of microdots information

Notwithstanding provisions contained in SANS 534-1, all the information relating to the application
of microdots, including the manufacturer, supplier and installer of microdots shall be stored on the
NaTIS system.

Transitional provisions, repeal of regulations, and title and

commencement
Reg 338. Transitional provisions: References to chief executive officer, Shareholders
Committee and Corporation
For the purpose of interpretation of these regulations—
(a) in regulation 1 in the definition of “approved”, the words “chief executive officer” mean
the Minister;
(b) in regulation 27(5)(a)(iii), the words “chief executive officer” mean the Minister;

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 (c) in regulation 39(2)(d), the words “chief executive officer” mean the MEC;
(d) in regulation 40, the words “chief executive officer” mean the MEC;
(e) in regulation 41, the words “chief executive officer” mean the MEC;
(f) in regulation 42, the words “chief executive officer” mean the MEC;
(g) in regulation 44, the words “chief executive officer” mean the MEC;
(h) in regulation 46, the words “chief executive officer” mean the MEC;
(i) in regulation 47, the words “chief executive officer” mean the MEC;
(j) in regulation 49, the words “chief executive officer” mean the MEC;
(k) in regulation 50, the words “chief executive officer” mean the MEC;
(l) in regulation 51, the words “chief executive officer” mean the MEC;
(m) in regulation 62, the words “chief executive officer” mean the Minister;
(n) in regulation 108(1A) the word “Corporation” means the Department;
(nA) in regulations 114A to 114F, the words "chief executive officer" mean the MEC;
(o) in regulation 119(1A), the word “Corporation” means the Department;
(p) in regulation 123, the words “chief executive officer” mean the MEC;
(q) in regulation 267, the words “chief executive officer” mean the MEC;
(r) in regulation 269, the words “chief executive officer” mean the MEC;
(s) in regulation 271, the words “chief executive officer” mean the MEC;
(t) in regulation 280(3), the words “Shareholders Committee” mean the Minister;
(u) in regulation 331(2)(b)(i), the words “chief executive officer” mean the MEC concerned;
(v) in regulation 331(3)(b)(i), the words “chief executive officer” mean the MEC concerned;
and
(w) in regulation 331(4), the words “chief executive officer” mean the MEC.

Reg 338A. Transitional provisions: References to sections of Act not yet in force
(1) For the purpose of interpretation of these regulations the words “sections 3I and 3G of the Act”
in regulation 115(2)(a) of the Regulations, mean sections 11 and 9 of the Road Traffic Act, 1989 (Act
No. 29 of 1989).
(2) For the purpose of interpretation of these regulations the words “regulation 2" and “regulation
1B” in regulation 343E of the Regulations, mean “regulation 1E" and “regulation 1A” respectively of
the Road Traffic Act, 1989 (Act No. 29 of 1989).

Reg 339. Transitional provisions: Fees

The fees determined by the MEC of each province before the date of commencement of the Act as
being payable in respect of any application or request made, or document issued in terms of the
Road Traffic Act, 1989 (Act No. 29 of 1989), or any other matter referred to in that Act, shall be
payable in respect of an application or request made, or document issued in terms of, or other matter
referred to in, the corresponding provisions of the Act.

Reg 340. Transitional provisions: Training centres

Training centres shall be deemed to be approved in terms of section 3L of the Act for a period of six
months from the date of commencement of that section of the Act: Provided that this regulation shall

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not be interpreted to prevent action instituted before the commencement of that section of the Act to
be continued against a training centre, or to prevent any other prosecution of the training centre,
other than prosecution for not being duly approved in terms of the Act.

Reg 341. Transitional provisions: Manufacturers of number plates

Manufacturers of number plates are deemed to be registered in terms of section 5 of the Act until a
date to be determined by the Minister by notice in the Gazette: Provided that this regulation shall
not be interpreted to prevent action instituted before the commencement of that section of the Act to
be continued against a manufacturer of number plates, or to prevent any other prosecution of the
manufacturer, other than prosecution for not being duly registered in terms of the Act.

Reg 342. Transitional provisions: Professional driving permits

The holder of a valid category “G” or “P” professional driving permit who drives a motor vehicle
carrying dangerous goods, the gross vehicle mass of which exceeds 3 500 kilograms, or a vehicle
to which standard specification SABS 1398 “Road tank vehicles for petroleum-based flammable
liquids” or standard specification SABS 1518: “Transportation of dangerous goods – design
requirements for road tankers” applies, shall, from the date of commencement of regulation
115 (1) (f), subject to the said permit being cancelled or suspended-
(a) be deemed to hold a category “D” professional driving permit for the period for which his
or her professional driving permit is valid; and
(b) notwithstanding the provisions of regulation 117, the holder of a valid category “G” “P”
professional driving permit shall not be disqualified from obtaining a category “D”
professional driving permit by reason only of the fact that he or she is younger than 25
years of age.

Reg 343. Transitional provisions: Instructors

The holder of a valid certificate issued under the Road Traffic Act, 1989 (Act No. 29 of 1989),
authorising him or her to act as instructor, shall, subject to cancellation or suspension of the
certificate, be deemed to be the holder of a registration certificate as contemplated in regulation
114C for a period of one year calculated from the date of commencement of that regulation.

Reg 343A. Transitional provisions: Forms

A form prescribed in Schedule 2 to these regulations prior to 1 January 2005 or any form that is
similar to the form prescribed by the regulation concerned, and serving a similar purpose to the form
prescribed by the regulation concerned, is equivalent to the corresponding form prescribed in
Schedule 2 to these regulations, and shall be deemed to be valid for a period of two years from the
date of commencement of these regulations.

Reg 343B. Transitional privisions: Exemption from laws relating to parking

A valid exemption certificate issued under section 137 of the Road Traffic Act, 1989 (Act No. 29 of
1989), shall remain valid up and until a date determined in a provincial law that makes provision for
such an exemption certificate, and shall from that date be dealt with in the manner prescribed in such
provincial law.

Reg 343C. Transitional provisions: Validation of things done by local authorities

Any resolution and by-law made, and any establishment of ranks or stands, by a local authority in
terms of the Road Traffic Act, 1989 (Act No. 29 of 1989) that would have been valid if the Act did not
come into operation, is hereby validated up and until a date determined in any road traffic law that
makes provision for such resolution, by-law or establishment of ranks or stands, and shall from that
date be dealt with in the manner prescribed in such law.

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Reg 343D. Transitional provisions: Category “D” operator card
(1) A valid category “G” operator card displayed on a motor vehicle to which regulations 273 to
283 applies as contemplated in regulation 274, shall from the date of commencement of regulations
273 to 283 be deemed to be a valid category “D” operator card for the period of its validity.
(2) Notwithstanding the date of commencement of regulations 273 to 283, a motor vehicle that
did not have to display an operator card before the commencement of the said regulations, shall,
after the said date of commencement, display a category “D” operator card within the month after
the month during which the licence disc of the vehicle concerned lapsed.

Reg 343E. Transitional provision: Driving licences

(1) Any licence substituted in terms of section 19of the Act from 1 March 1998 to 1 August 2003
by a person required in terms of regulation 2of the Regulations to be registered and graded as a
grade F examiner for driving licences, who has in terms of regulation 1B applied to be registered and
graded as a grade F examiner for driving licences and—
(a) who was so registered and graded although his/her competency could not have been
determined by reason of the lack of requirements; or
(b) who was not so registered and graded because his/her competency could not have been
determined by reason of the lack of requirements, shall not be void for such reason only.

Reg 343F. Transitional provisions: Category "P" operator card

A motor vehicle that did not have to display an operator card before 1 July 2007, shall, after 1 July
2007, display a category "P" operator card within the month after the month during which the licence
disc of the vehicle concerned lapsed.

Reg 343G. Transitional Provision: Weighbridge facility

(1) A person who operates a mass measuring apparatus approved by a registering authority, shall
for the purpose of regulation 66 be deemed to be a registered weighbridge facility until a date
determined by the Minister by notice in the Gazette.
(2) A person nominated to operate a mass measuring apparatus referred to in subregulation (1)
shall for the purpose of regulation 66 be deemed to be a registered weighbridge operator until a date
determined by the Minister by notice in the Gazette.

Reg 344. Transitional provisions: General

(1) Any licence, certificate, permit, exemption or authorisation issued or granted or any other thing
done under any provision of a regulation repealed by regulation 345 shall be deemed to have been
issued, granted or done in terms of the corresponding provision of these regulations for the period
for which and subject to the conditions under which it was issued, granted or done.
(2) Any application made under a regulation repealed by regulation 345, which has not been
disposed of at the date of commencement as contemplated in regulation 346, shall be deemed to
be an application under the corresponding provisions of these regulations.
(3) Any relevant provision of the Road Traffic Regulations made under the Road Traffic Act, 1989
(Act No. 29 of 1989), shall, notwithstanding the provisions of regulation 345, remain in force until
such time as the corresponding provision of these regulations (if any) has been put in operation
under regulation 346.

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Reg 345. Repeal of regulations
Subject to regulations 338 to 344, the Road Traffic Regulations, 1990, published by Government
Notice No. R. 910 of 26 April 1990, as amended by Government Notices Nos. R. 1312 of 13 June
1990, R. 1954 of 17 August 1990, R. 2066 of 31 August 1990, R. 2982 of 14 December 1990, R.
125 of 14 February 1991, R. 1059 of 4 June 1991, R. 2694 of 15 November 1991, R. 1695 of 15
June 1992, R. 2803 of 1 October 1992, R. 2895 of 8 October 1992, R. 3172 of 20 November 1992,
R. 766 of 30 April 1993, R. 1214 of 1 July 1993, R. 1767 of 20 September 1993, R. 1878 of 18
October 1993, R. 2448 of 24 December 1993, R.792 of 29 April 1994, R. 1048 of 3 June 1994, R.
1081 of 7 June 1994, R.1447 of 26 August 1994, R. 1835 of 28 October 1994, R. 352 of 28 February
1995, R. 926 of 30 June 1995, R. 1036 of 14 July 1995, R. 1135 of 28 July 1995, R. 1930 of 15
December 1995, R. 228 of 16 February 1996, R. 832 of 17 May 1996, R. 1076 of 28 June 1996, R.
1448 of 26 August 1996, R. 2112 of 27 December 1996, R. 356 of 28 February 1997, R. 1159 of 5
September 1997, R. 1238 of 19 September 1997, R. 1747 of 31 December 1997, R. 276 of 23
February 1998, R. 342 of 3 March 1998, R. 870 of 30 June 1998, R. 1018 of 7 August 1998, R. 1587
of 4 December 1998, R. 419 of 9 April 1999, R. 566 of 30 April 1999, R. 1432 of 26 November 1999
and R. 1535 of 30 December 1999, are repealed.

Reg 346. Title and commencement

(1) These regulations are called the National Road Traffic Regulations, 2000, and come into
operation on a date to be determined by the Minister by notice in the Gazette.
(2) Different dates may be so fixed in respect of different provisions of these regulations, 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 subregulation (2)(a) to (d) may be combined for
the purposes of that subregulation.

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SELF ASSESSMENT QUESTIONS

1. What records must be kept by a –

• Testing station
• Driver’s license testing center

2. What must you do if you are about to be overtaken in the fast lane of a freeway?

3. When can you stop on a freeway?

4. Any vehicle left for more than __________ in the same place outside an urban area can be
removed.

5. In no more than 30 words, summarize the law relating to cellphone usage while driving.

6. No one may park in an urban area within __________ meters of an intersection.

7. The window area of a bus/minibus must be not less than __________% of the floor area.

8. What rules apply when persons are carried on a goods vehicle?

9. What is the maximum permissible combination mass.

10. What is the minimum width allowed per person in a bus?

a) 380 mm
b) 400 mm
c) 410 mm

11. The load on a vehicle should not project more than 270 mm beyond its rear.

TRUE/FALSE

12. What is the maximum overall width of a –

• Bus
• A goods vehicle of 14 000 kg
• Any other vehicle

13. A warning sign must be place not less than __________ meters from the vehicle.

14. Your 13-year old daughter is 1,55 m tall. Must she wear a seatbelt?

15. The side windows of your car only allow 30% of light to pass through. Is your car legal?

16. A car’s hooter must be heard from at least __________ meters.

17. The service brake of a light motor vehicle must be able to stop it within __________ meters
from an initial speed of 35 km/h.

18. The emergency brake of a heavy motor vehicle must be able to stop it within __________
meters from an initial speed of 35 km/h.

19. You are a professional driver. The concentration of alcohol in your blood is 0,025 gram per
100 milliliters. May you drive a vehicle?

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20. Name 3 duties of a driver in the event of an accident.

21. What speed limits apply to a bus?

22. Name five types of drivers who may exceed the speed limit.

23. Lit the three purposes of traffic signs.

24. What are the duties of the operator in relation to his driver?

25. Where must the operator card be displayed on a vehicle?

26. Which vehicles need operator cards?

27. Which vehicles need roadworthy certificates?

28. How long is a roadworthy certificate valid?

29. What SABS codes of practice cover testing stations? __________ and __________

30. What drivers need a professional driving permit?

31. Name three physical disabilities that disqualify a person from holding a driving license.

32. Who is responsible for licensing a vehicle?

33. A vehicle with crawler tracks does not have to be registered.

TRUE/FALSE

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