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NATIONAL ROAD TRAFFIC ACT 93 OF 1996

(English text signed by the President)

[Assented To: 12 November 1996]

[Commencement Date: 1 August 2000 – unless otherwise indicated]

[W.e.f. 1 August 2000 - Proc. R46 / GG 21425 / 20000731 and in accordance with Gen N 2740 / GG 21424 / 20000731]

[W.e.f. 1 August 2001 - Proc. R39 / GG 22544 / 20010801]

as amended by:

National Road Traffic Amendment Act 8 of 1998

[W.e.f. 1 August 2000 - Proc. R47 / GG 21425 / 20000731]

National Road Traffic Amendment Act 21 of 1999

[W.e.f. 1 August 2000 - Proc. R48 / GG 21425 / 20000731]

[W.e.f. 20 November 2010 - Proc. 61 / GG 33742 / 20101110]

National Road Traffic Amendment Act 20 of 2003

National Road Traffic Amendment Act 64 of 2008

[W.e.f. 20 November 2010 - Proc. 60 / GG 33742 / 20101110]

proposed amendments by:

Cannabis for Private Purposes Act 7 of 2024

National Road Traffic Amendment Act 8 of 2024

ACT

To provide for road traffic matters which shall apply uniformly throughout the Republic and for matters connected
therewith.

ARRANGEMENT OF SECTIONS

CHAPTER I

INTERPRETATION OF ACT

1. Definitions

CHAPTER II

APPLICATION OF ACT AND MINIMUM REQUIREMENTS

2. Application of Act

3. Appointment of registering authorities

3A. Appointment of officers

3B. Application for registration as inspector of licences, examiner of vehicles, examiner for driving licences or traffic officer

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 3B. Application for registration as inspector of licences, examiner of vehicles, examiner for driving licences, traffic offier,
reserve traffic warden, traffic warden or NaTIS officer

3C. Registration and grading of officers

3D. Minimum requirements for registration as inspector of licences, examiner of vehicles, examiner for driving licences and
traffic officer

3D. Minimum requirements for registration as inspector of licences, examiner of vehicles, examiner for driving licences,
traffic officer, reserve traffic warden and traffic warden, and NaTIS officer

3E. Suspension and cancellation of registration of officer

3F. Powers and duties of inspector of licences

3G. Powers and duties of examiner of vehicles

3H. Powers and duties of examiner for driving licences

3I. Powers and duties of traffic officer

3J. Failure to comply with instruction or direction of inspector of licences, traffic officer, examiner of vehicles or peace
officer

3K. Impersonating authorised officer or peace officer or inducing any such officer to forsake his or her duty

3L. Approval of training centre

3L. Registration of training centre

3M. Application for registration of training centre

3N. Registration and grading of training centre

3O. Suspension or cancellation of registration of training centre

CHAPTER III

REGISTRATION AND LICENSING OF MOTOR VEHICLES AND REGISTRATION OF MANUFACTURERS, BUILDERS,

IMPORTERS AND MANUFACTURERS OF NUMBER PLATES

4. Registration and licensing of motor vehicles

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

5. Registration of manufacturers, builders, body builders and importers

5A. Manufacturing of blank number plates, supplying of blank number plates, manufacturing of reflective sheeting for
number plates, supplying of reflective sheeting for number plates and embossing of number plates

5B. Application for registration as manufacturer of blank number plates, supplier of blank number plates, manufacturer
of reflective sheeting for number plates, supplier of reflective sheeting for number plates and embosser of number
plates

5C. Registration of manufacturer of blank number plates, supplier of blank number plates, manufacturer of reflective
sheeting for number plates, supplier of reflective sheeting for number plates and embosser of number plates

5D. Suspension or cancellation of registration as manufacturer of blank number plates, supplier of blank number
plates, manufacturer of reflective sheeting for number plates, supplier of reflective sheeting for number plates and
embosser of number plates
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 5E. Weighbridge facility to be registered

5F. Application for registration as weighbridge facility

5G. Registration of weighbridge facility

5H. Suspension or cancellation of registration of weighbridge facility

5I. Manufacturer of microdots, supplier of microdots and microdot fitment centre

5J. Application for registration as manufacturer of microdots, supplier of microdots and microdot fitment centre

5K. Registration of manufacturer of microdots, supplier of microdots and microdot fitment centre

5L. Suspension or cancellation of registration of manufacturer of micordots, supplier of microdots and microdot fitment
centre

6. Right of appeal to Shareholders Committee

7. Appointment of inspectorate of manufacturers, builders and importers

7. Appointment of inspectorates of manufacturers, builders, body builders, importers, number plates, microdots and
weighbridge facilities

CHAPTER IV

FITNESS OF DRIVERS

8. Driving licence testing centre to be registered

8A. Application for registration of driving licence testing centre

9. Registration and grading of driving licence testing centre

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

11. Appointment of national inspectorate of driving licence testing centres

11A. Provincial inspectorates

12. Driver of motor vehicle to be licensed

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

13. Learner's licence, and driving licence

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

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

15. Disqualification from obtaining or holding learner's or driving licence

15. Disqualification from obtaining or holding learner's licence, driving licence or driving permit

16. Failure to disclose disqualification in respect of licence authorising driving of motor vehicle prohibited

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17. Application for and issue of learner's licence

18. Application for and issue of driving licence

19. Substitution of driving licence before certain date

20. Special provisions in relation to driving licences which ceased to be valid in terms of road traffic ordinance

21. Directions to applicant for learner's or driving licence

22. Holder of licence to drive motor vehicle shall give notice of change of place of residence

23. When licence not issued in terms of this Act deemed to be driving licence

24. Department of State may issue learner's or driving licence to person in its employment only

25. Suspension or cancellation by MEC of licence authorising driving of motor vehicle

26. Lapsing of endorsement on licence

27. Cancellation or amendment of endorsement on licence

28. Instructor to be registered

28. Instructor to be registered and graded

28A. Application for registration as instructor

28B. Registration and grading of instructors

28C. Suspension and cancellation of registration of instructor

28D. Driving school to be registered

28E. Application for registration of driving school

28F. Registration and grading of driving school

28G. Suspension or cancellation of registration of driving school

28H. Appointment of inspectorate of driving schools

29. Voidness of learner's or driving licence issued contrary to Chapter

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

30. Use of somebody's learner's licence or driving licence by another person prohibited

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

32. Professional driver to have permit

33. Production of licence and permit to court

34. Court may issue order for suspension or cancellation of licence or permit or disqualify person from obtaining licence or
permit

35. On conviction of certain offences licence and permit shall be suspended for minimum period and learner's or driving
licence may not be obtained

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

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 CHAPTER V

FITNESS OF VEHICLES

37. Testing station to be registered

38. Application for registration of testing station

39. Registration and grading of testing station

40. Suspension or cancellation of registration of testing station

41. Appointment of national inspectorate of testing stations

42. Certification of roadworthiness required in respect of motor vehicle

42A. Roadworthy certificate to be displayed on motor vehicle

43. Application for certification of roadworthiness

44. Notice to discontinue operation of motor vehicle

CHAPTER VI

OPERATOR FITNESS

45. Registration of operator

46. Issue of operator card

47. Operator card to be displayed on motor vehicle

48. Proof of certain facts

49. Duties of operator

50. Power of MEC in respect of motor vehicles, drivers and activities of operators

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

CHAPTER VIA

RIGHT OF APPEAL

51A. Right of appeal to Shareholders Committee

51B. Right of appeal to chief executive officer

CHAPTER VII

ROAD SAFETY

52. Powers and functions of chief executive officer

53. Delegation by chief executive officer

54A. Delegation by MEC

CHAPTER VIII

DANGEROUS GOODS

54. Transportation of certain dangerous goods prohibited

55. Appointment of dangerous goods inspector or inspectorate

CHAPTER IX

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 ROAD TRAFFIC SIGNS AND GENERAL SPEED LIMIT

56. Minister may prescribe road traffic signs

57. Authority to display road traffic signs

58. Failure to obey road traffic sign prohibited

59. Speed limit

60. Certain drivers may exceed general speed limit

CHAPTER X

ACCIDENTS AND ACCIDENT REPORTS

61. Duty of driver in event of accident

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

62A. Response to road incident

CHAPTER XI

RECKLESS OR NEGLIGENT DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF
INTOXICATING LIQUOR OR A DRUG HAVING A NARCOTIC EFFECT, AND MISCELLANEOUS OFFENCES

CHAPTER XI

RECKLESS OR NEGLIGENT DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF
INTOXICATING LIQUOR, THC OR A DRUG HAVING A NARCOTIC EFFECT, AND MISCELLANEOUS OFFENCES

63. Reckless or negligent driving

64. Inconsiderate driving

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

65. Driving or occupying driver's seat while under the influence of intoxicating liquor, a drug having narcotic effect or
THC, or with excessive amount of alcohol or THC or a drug having a narcotic effect in blood or breath

66. Unauthorised acts in relation to vehicle

67. Furnishing false information prohibited

68. Unlawful acts in relation to number plates, registration number, registration mark or certain documents

CHAPTER XII

PRESUMPTIONS AND LEGAL PROCEDURE

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

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

71. Presumption regarding gross vehicle mass of motor vehicle

72. Proof of gross vehicle mass of motor vehicle

73. Presumption that owner drove or parked vehicle

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74. Presumption regarding officers

74A. Act or omission of manager, agent or employee of consignor and consignee

74B. Proof of certain facts

CHAPTER XIII

REGULATIONS

75. Power of Minister to make regulations

76. Incorporation of standards by reference

76. Incorporation of standards, ECE regulations or model regulations by reference

CHAPTER XIV

REGISTERS AND RECORDS

77. Registers or records to be kept

78. Copy of entry in register or record to be prima facie proof

79. Cognisance may be taken of information contained in register or record

CHAPTER XV

GENERAL PROVISIONS

80. Parking for disabled persons

80. Parking for persons with disabilities

80A. Power of local authority to make by-laws

81. Vehicle and load may be exempted from provisions of Act

81. Exemption of vehicle and load from provisions of Act

82. Inspections for ensuring that provisions of Act are given effect to

83. Doubt regarding use or classification of vehicle

84. Variation of prescribed form

85. Issue of document as proof of driving licence in special circumstances

86. Signature upon documents

87. Service of notices

88. State bound

89. Offences and penalties

90. ………..

91. Delegation by Minister and MEC

92. Fees

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93. Repeal of laws, and savings

93A. Transitional provisions

93B. Transitional provision: General

94. Short title and commencement

SCHEDULE

[Proposed amendments: Arrangement of sections to be amended by s. 7 (Sched., item 2(a)) of Act 7/2024 w.e.f. a date to be proclaimed]

[Proposed amendment: Arrangement of sections to be amended by s. 48 of Act 8/2024 w.e.f. a date to be proclaimed]

CHAPTER I

INTERPRETATION OF ACT

1. Definitions

In this Act, unless the context otherwise indicates -

"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;

"ambulance" means a motor vehicle that is—

(a) appropriately equipped, designed or adapted solely for the purpose of providing emergency care and
conveyance of patients;

(b) owned by an Emergency Medical Service as contemplated in the Emergency Medical Services Regulations,
2016, as amended; and

(c) registered as an ambulance in terms of this Act;

[Proposed amendment: Definition of "ambulance" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"articulated motor vehicle" means a combination of motor vehicles consisting of a truck-tractor and a semi-trailer;

"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;
[Definition of "authorised officer" inserted by s. 1 of Act 21/99 w.e.f. 1 August 2000 and substituted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"body builder" 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;

[Proposed amendment: Definition of "body builder" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

"bridge" includes a culvert and a causeway;

"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;
[Definition of "builder" substituted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"builder" means any person who manufactures or assembles motor vehicles in whole or in part from used
components;
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 [Proposed amendment: Definition of "builder" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"bus" means a motor vehicle designed or adapted for the conveyance of more than 16 persons (including the driver, if
any);

"by-law" means a by-law issued under the laws of a province;

(Commencement date of definition of "by-law": to be proclaimed)

"certification of roadworthiness", in relation to a motor vehicle, means certification of roadworthiness in terms of

section 42;

[Definition of "certification of roadworthiness" inserted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"chief executive officer" means the chief executive officer of the Corporation appointed in terms ofsection 15 of the
Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999);
[Definition of "chief executive officer" inserted by s. 1 of Act 21/99 w.e.f. 1 August 2000 and substituted by s.1 of Act 64/2008 w.e.f. 20 November 2010]

"combination of motor vehicles" means two or more motor vehicles coupled together;

"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);

"Corporation" means the Road Traffic Management Corporation, established by section 3 of the Road Traffic
Management Corporation Act, 1999;
[Definition of " Corporation" inserted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"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;

"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";

"Department" means the Department of Transport;

"department of State" means a department as defined in section 1(1) of the Public Service Act, 1994 (Proclamation
No. 103 of 1994);

"Director-General" means the Director-General: Transport;

"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 clock of animals, and "drive" or any like word has a
corresponding meaning;

"driving licence" means a driving licence referred to in Chapter IV;

"driving licence testing centre" means a driving licence testing centre referred to in Chapter IV;

"driving school" means any person who has been registered in terms of this Act to conduct or offer instruction or
training in the operation of motor vehicles in preparation of an applicant for examination to obtain a learner's
licence, driving licence or professional driving permit in terms of this Act;

[Proposed amendment: Definition of "driving school" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"drug having a narcotic effect" means any substance or a combination of substances that have an impairing effect on
a person's ability to control his or her actions, but excludes THC;

[Proposed amendment: Definition of "drug having a narcotic effect" to be inserted by s. 7 (Sched., item 2(b)) of Act 7/2024 w.e.f. a date to be
proclaimed]

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 "ECE regulations" means the United Nations Economic Commission for Europe Regulations;

[Proposed amendment: Definition of "ECE regulations" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

"embosser of number plates" means any person who is registered to emboss an allocated licence number or a
motor trade number of a motor vehicle on a blank number plate for the purpose of selling such number plate;

[Proposed amendment: Definition of "embosser of number plates" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"emergency services" means emergency medical services provided by an organ of state or private body for
private use, disaster management services, fire and emergency services, traffic officers, reserve traffic warden,
traffic warden, members of the South African Police Service, municipal police service, members of the South
African National Defence force, or the Department responsible for health services;
[Proposed amendment: Definition of "emergency services" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"emergency vehicle" means a fire-fighting vehicle, fire-fighting response vehicle, rescue vehicle, ambulance,
medical response vehicle, 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 in the execution of his or her duties or a vehicle driven by a
member of municipal police service in the execution of his or her duties, both defined in the South African Police
Service Act, 1995 (Act No. 68 of 1995), and a vehicle driven by a person engaged in civil protection as
contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002);
[Proposed amendment: Definition of "emergency vehicle" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"examiner for driving licences" means an examiner for driving licences appointed and registered in terms of
sections 3A and 3C, respectively;

[Definition of "examiner for driving licences" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"examiner of vehicles" means an examiner of vehicles appointed and registered in terms ofsections 3A and 3C,
respectively;
[Definition of "examiner for vehicles" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"fire-fighting response vehicle" means a vehicle operated by a person rendering a "service" as defined in section
1 of the Fire Brigade Service A ct, 1987 (Act No. 99 of 1987);

[Proposed amendment: Definition of "fire-fighting response vehicle" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

"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;

"goods" means any movable property;

"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;

"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;

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 "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;
[Definition of "haulage tractor" inserted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"identity document" means an identity document as defined in section 1 of the Identification Act, 1986 (Act No. 72 of
1986);

"importer" means any person who imports new or used motor vehicles into the Republic;
[Definition of "importer" substituted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"incident" means an extraordinary condition or event which results in a reduction in road capacity or creates a
hazard for road users for a sustained period of time, which includes a minor accident, shoulder or lane obstruction,
rail or aviation accident, leakage or spilled load;

[Proposed amendment: Definition of "incident" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"inspector of licences" means an inspector of licences appointed and registered in terms ofsections 3A and 3C,
respectively;
[Definition of "inspector of licences" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"inspectorate of driving licence testing centres" means a person, an authority or an organisation appointed in
terms of section 11;

[Proposed amendment: Definition of "inspectorate of driving licence testing centres" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be
proclaimed]

"inspectorate of driving schools" means a person, authority or an organisation appointed as such in terms of
section 28H;
[Proposed amendment: Definition of "inspectorate of driving schools" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"inspectorate of manufacturers, builders, body builders and importers" means a person, an authority or an
organisation appointed as such in terms of section 7;

[Proposed amendment: Definition of "inspectorate of manufacturers, builders, body builders and importers" to be inserted by s. 1 of Act 8/2024
w.e.f. a date to be proclaimed]

"inspectorate of testing stations" means any person, authority or organisation appointed in terms of section 41;
[Proposed amendment: Definition of "inspectorate of testing stations" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;
[Definition of "instructor" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"instructor" means any person who for direct or indirect reward—

(a) instructs any other person in the driving of a motor vehicle;

(b) teaches any other person the rules of the road, road traffic signs or any other teaching in order to obtain a
learner's licence, a driving licence or a professional driving permit;
[Proposed amendment: Definition of "instructor" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"international driving permit" means an international driving permit issued in terms of a Convention or recognised
thereunder;

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 "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;

"learner's licence" means a learner's licence referred to in Chapter IV;

"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);

"local authority" means all municipalities conferred with the powers of the local sphere of government as
envisaged in Chapter 7 of the Constitution;

[Proposed amendment: Definition of "local authority" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"manufacturer" means a person who manufactures or assembles new motor vehicles;

[Definition of "manufacturer" substituted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"manufacturer of blank number plates" means any person or an organisation who is registered to manufacture
blank number plates for purposes of embossing an allocated licence number or a motor trade number of a motor
vehicle;

[Proposed amendment: Definition of "manufacturer of blank number plates" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"manufacturer of microdots" means any person or an organisation registered in terms of section 5K to

manufacture microdots;

[Proposed amendment: Definition of "manufacturer of microdots" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"manufacturer of number plates" means a person who, for the purpose of selling number plates, manufactures
number plates;

[Definition of "manufacturer of number plates" inserted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"manufacturer of reflective sheeting" means any person or an organisation who is registered to manufacture
reflective sheeting for purposes of manufacturing blank number plates;
[Proposed amendment: Definition of "manufacturer of reflective sheeting" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

[Definition of "MEC" substituted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"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);

"medical rescue vehicle" means a motor vehicle owned by an Emergency Medical Service as contemplated in the
Emergency Medical Services Regulations, 2016, as amended and registered as a medical rescue vehicle in terms
of this Act;

[Proposed amendment: Definition of "medical rescue vehicle" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"medical response vehicle" means a motor vehicle owned by an Emergency Medical Service as contemplated in
the Emergency Medical Services Regulations, 2016, as amended and registered as a medical response vehicle in
terms of this Act;

[Proposed amendment: Definition of "medical response vehicle" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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 the specifications SANS 534-1 and is legible

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 with equipment that magnifies the text 60 times;

[Proposed amendment: Definition of "microdot" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"microdot fitment centre" means any person or organisation registered in terms of section 5K to fit microdots on
vehicles;

[Proposed amendment: Definition of "microdot" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

"model regulations" means the United Nations Recommendations on the Transport of Dangerous Goods Model
Regulations, 2015;

[Proposed amendment: Definition of "model regulations" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"motor cycle" means a motor vehicle which has two wheels and includes any such vehicle having a side-car attached;

"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;

"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;

"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;

"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;

"motor vehicle" means any self-propelled vehicle and includes—

(a) a trailer; and

(b) a power assisted pedal cycle, except for a power assisted pedal cycle contemplated in subparagraph (iii), but
does not include—

(i) any vehicle propelled by electrical power derived from storage batteries and which is controlled by a
pedestrian;

(ii) any vehicle with a mass not exceeding 230 kilograms and specifically designed and constructed, but not
merely adapted, for the use of any person suffering from some physical defect or disability and used solely by
such person;

(iii) a power assisted pedal cycle, having pedals and an engine or electrical motor as an integral part
thereof, with a maximum mass of 30 kilograms and a design speed not exceeding 25 kilometres per hour that
complies with the prescribed requirements for power assisted pedal cycles; or

(iv) a vehicle that has maximum design speed of 45 kilometres per hour that complies with the prescribed
requirements for environmentally friendly vehicles;

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 13 of 85
 [Proposed amendment: Definition of "motor vehicle" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"NaTIS officer" means a person who has been appointed and registered in terms of sections 3A and 3C,
respectively;

[Proposed amendment: Definition of "NaTIS officer" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"number plate" means a prescribed plate on which the licence number of a motor vehicle or motor trade number is
displayed;

[Definition of "number plate" inserted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"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;

"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;

"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 undersection 4, and
"owned" or any like word has a corresponding meaning;

[Definition of "owner" substituted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"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;

"Passenger Rail Agency of South Africa" means the company established in terms of section 22 of the Legal
Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);

[Proposed amendment: Definition of "Passenger Rail Agency of South Africa" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"peace officer" means a traffic officer and also a traffic warden appointed in terms ofsection 3A;

[Definition of "peace officer" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"pedal cycle" means any bicycle or tricycle designed for propulsion solely by means of human power;

"pedal cycle" means—

(a) a bicycle or tricycle designed for propulsion solely by means of human power; or

(b) a power assisted pedal cycle, as contemplated in subparagraph (iii) of the definition of motor vehicle;

[Proposed amendment: Definition of "pedal cycle" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"prescribe" means prescribe by regulation;

"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;
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 14 of 85
 "professional driver" means the driver of a motor vehicle referred to in section 32;

[Definition of "professional driver" substituted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"professional driving permit" means a professional driving permit referred to in Chapter IV;

"province" means a province referred to in section 103 of the Constitution of the Republic of South Africa, 1996;

[Definition of "province" substituted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"provincial inspectorate" means a person or an organisation appointed in terms of section 11A;

[Proposed amendment: Definition of "provincial inspectorate" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

"public road" means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which—

(a) is commonly used by the public or any section thereof; or

(b) the public or any section thereof has a right of access, and includes—

(i) the verge of any such road, street or thoroughfare;

(ii) any bridge, ferry or drift traversed by any such roads, street or thoroughfare; and

(iii) any other work or object forming part of, or connected with or belonging to such road, street, or
thoroughfare, and includes roads inside a residential estate or other area with the prescribed methods of
access control;

[Proposed amendment: Definition of "public road" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"registering authority" means a registering authority appointed as such in accordance withsection 3;

[Definition of "registering authority" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"registration plate" ……….

[Definition of "registration plate" deleted by s. 1 of Act 8/98 w.e.f. 1 August 2000]

"regulation" means a regulation under this Act;

"repealed ordinance" means an ordinance or any provision of an ordinance repealed by the Road Traffic Act, 1989
(Act No. 29 of 1989);

"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;

"reserve traffic officer" means a person who complies with the requirements ofsection 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;

[Definition of "reserve traffic officer" inserted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 15 of 85
 warden by the chief executive officer or the MEC, as the case may be, on a temporary basis for a specific period;
[Definition of "reserve traffic warden" inserted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"reserve traffic warden" means a traffic warden 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;
[Proposed amendment: Definition of "reserve traffic warden" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"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;

"road traffic sign" means a road traffic sign prescribed under section 56;

"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;

"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;

"roadworthy certificate", in relation to a motor vehicle, means a certificate issued in terms of section 42;

"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;

"Shareholders Committee" means the Shareholders Committee established by section 6 of the Road Traffic
Management Corporation Act, 1999;

[Definition of "Shareholders Committee" inserted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"shoulder" means that portion of a road, street or thoroughfare between the edge of the roadway and the kerb line;

"sidewalk" means that portion of a verge intended for the exclusive use of pedestrians;

"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);

"standard" means any code of practice, compulsory specification, specification, standard or standard method
adopted by the South African Bureau of Standards, as defined in section 1 of the Standards Act, 2008 (Act No. 8 of
2008), or adopted by the International Standard Organisation;

[Proposed amendment: Definition of "standard" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"stop" means the bringing to a standstill of a vehicle by the driver thereof;

"supplier of blank number plates" means a person, an authority or an organisation registered to supply blank
number plates for purposes of embossing an allocated licence number of a motor vehicle or a motor trade number
of a motor vehicle;

[Proposed amendment: Definition of "supplier of blank number plates" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"supplier of microdots" means a person, an authority or an organisation registered in terms of section 5K for the
purpose of supplying microdots;

[Proposed amendment: Definition of "supplier of microdots" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"supplier of reflective sheeting" means a person, an authority or an organisation registered to supply reflective
sheeting for blank number plates for purposes of embossing an allocated licence number or a motor trade number
of a motor vehicle;

[Proposed amendment: Definition of "suplier of reflective sheeting" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 16 of 85
 "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);

"testing station" means a testing station registered in terms of section 39;

"testing station" means a testing station registered in terms of section 39 to examine and test a motor vehicle;

[Proposed amendment: Definition of "testing station" to be substituted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

"THC" means any substance containing (-)-trans-delta-9-tetrahydrocannabinol;

[Proposed amendment: Definition of "THC" to be inserted by s. 7 (Sched., item 2(b)) of Act 7/2024 w.e.f. a date to be proclaimed]

"this Act" includes the regulations;

"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

(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;

"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;

[Definition of "tractor" substituted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"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;
[Definition of "traffic officer" substituted by s. 1 of Act 21/99 w.e.f. 20 November 2010]

"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;

[Definition of "traffic warden" inserted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"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;

"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);

"truck-tractor" means a motor vehicle designed or adapted-

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 17 of 85
 (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;

[Definition of "truck-tractor" substituted by s. 1 of Act 64/2008 w.e.f. 20 November 2010]

"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;

"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

"verge" means that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway or the
shoulder.

"weighbridge facility" means a facility with a mass measuring apparatus and is registered in terms of section 5E
to determine the tare of a motor vehicle.
[Proposed amendment: Definition of "weighbridge facility" to be inserted by s. 1 of Act 8/2024 w.e.f. a date to be proclaimed]

CHAPTER II

APPLICATION OF ACT AND MINIMUM REQUIREMENTS

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.

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.
[S. 3 substituted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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 -

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 (i) inspectors of licences;

(ii) examiners of vehicles;

(iii) examiners for driving licences;

(iv) traffic officers; and

(iv) traffic officers;

[Proposed amendment: Subpara. (iv) to be amended by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(v) traffic wardens,

(v) traffic wardens;

[Proposed amendment: Subpara. (v) to be amended by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(vi) NaTIS officer,

[Proposed amendment: Subpara. (vi) to be added by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

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 -

(i) inspectors of licences;

(ii) examiners of vehicles;

(iii) examiners for driving licences;

(iv) traffic officers; and

(iv) traffic officers;

[Proposed amendment: Subpara. (iv) to be amended by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(v) traffic wardens,

(v) traffic wardens;

[Proposed amendment: Subpara. (v) to be amended by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(iv) NaTIS officer; and

[Proposed amendment: Subpara. (iv) (sic) to be added by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(v) reserve traffic warden,

[Proposed amendment: Subpara. (v) (sic) to be added by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

as he or she may deem expedient;

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 19 of 85
 (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

(ii) examiners of vehicles;

[Proposed amendment: Subpara. (ii) to be amended by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(iii) examiners for driving licences,

(iii) examiners of driving licences;

[Proposed amendment: Subpara. (iii) to be amended by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(iv) traffic warden;

[Proposed amendment: Subpara. (iv) to be added by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(v) reserve traffic warden; or

[Proposed amendment: Subpara. (v) to be added by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(vi) NaTIS officer,

[Proposed amendment: Subpara. (vi) to be added by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

(a) No person shall be appointed under subsection (1) as an authorised officer or a NaTIS officer unless he
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 20 of 85
 or she has been graded and registered in the prescribed manner.
[Proposed amendment: Para. (a) to be substituted by s. 2 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[Subs. (3) substituted by s. 2 of Act 64/2008 w.e.f. 20 November 2010]

(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.

(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.

[Subs. (7) inserted by s. 2 of Act 64/2008 w.e.f. 20 November 2010]

[S. 3A inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

3B. Application for registration as inspector of licences, examiner of vehicles, examiner for driving licences or
traffic officer

3B. Application for registration as inspector of licences, examiner of vehicles, examiner for driving licences,
traffic officer, reserve traffic warden, traffic warden or NaTIS officer

[Proposed amendment: Heading of s. 3B to be substituted by s. 3 of Act 8/2024 w.e.f. a date to be proclaimed]

(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

(c) an examiner for driving licences;

[Proposed amendment: Para. (c) to be amended by s. 3 of Act 8/2024 w.e.f. a date to be proclaimed]

(d) a traffic officer,

(d) a traffic officer;

[Proposed amendment: Para. (d) to be amended by s. 3 of Act 8/2024 w.e.f. a date to be proclaimed]

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 21 of 85
 (e) a reserve traffic warden;

[Proposed amendment: Para. (e) to be added by s. 3 of Act 8/2024 w.e.f. a date to be proclaimed]

(f) a traffic warden; or

[Proposed amendment: Para. (f) to be added by s. 3 of Act 8/2024 w.e.f. a date to be proclaimed]

(g) a NaTIS officer,

[Proposed amendment: Para. (g) to be added by s. 3 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

[S. 3B inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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 licences 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

(a) an examiner of vehicles if he or she, or through his or her spouse or partner, has or acquires a direct or
indirect financial interest in the manufacturing, selling, rebuilding, repairing or modifying of motor vehicles;
[Proposed amendment: Para. (a) to be substituted by s. 4 of Act 8/2024 w.e.f. a date to be proclaimed]

(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:

(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;

[Proposed amendment: Para. (b) to be amended by s. 4 of Act 8/2024 w.e.f. a date to be proclaimed]

(c) a traffic officer, reserve traffic warden, traffic warden or NaTIS officer, if he or she, or through his or her
spouse or partner, has or acquires a direct or indirect financial interest in a road transport services business:
[Proposed amendment: Para. (c) to be added by s. 4 of Act 8/2024 w.e.f. a date to be proclaimed]

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.
[S. 3C inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

3D. Minimum requirements for registration as inspector of licences, examiner of vehicles, examiner for driving
licences and traffic officer

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 22 of 85
 3D. Minimum requirements for registration as inspector of licences, examiner of vehicles, examiner for driving
licences, traffic officer, reserve traffic warden and NaTIS officer

[Proposed amendment: Heading of s. 3D to be substituted by s. 5 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 -

(1) The minimum requirements for registration as an inspector of licences, an examiner of vehicles, an examiner
for driving licences, a traffic officer, a reserve traffic warden, a traffic warden or NaTIS officer, as the case may be,
shall be that the applicant—

[Proposed amendment: Words preceding para. (a) to be substituted by s. 5 of Act 8/2024 w.e.f. a date to be proclaimed]

(a) has obtained an appropriate diploma at a training centre approved by the Shareholders Committee;

(a) has obtained an appropriate qualification at a training centre approved by the Shareholders Committee;

[Proposed amendment: Para. (a) to be substituted by s. 5 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 -

(2) The qualification referred to in subsection (1)(a) shall—

[Proposed amendment: Words preceding para. (a) to be substituted by s. 5 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[S. 3D inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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 -

(1) The inspectorate of driving licence testing centres or the inspectorate of testing stations, respectively, may for

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 23 of 85
 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—

[Proposed amendment: Words preceding para. (a) to be substituted by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(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

(c) such person has not attended an appropriate refresher course within the prescribed time at a training
centre approved by the Shareholders Committee;

[Proposed amendment: Para. (c) to be amended by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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;

[Proposed amendment: Para. (d) to be amended by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(e) such person has been convicted of an offence listed in Schedule 1, Schedule 2, Schedule 3, Schedule
4, Schedule 5, Schedule 6 or Schedule 7 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

[Proposed amendment: Para. (e) to be added by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(f) such person holds or acquires a direct or indirect financial interest in a road transport services business,
the nature and extent of which may be prescribed by the Minister;

[Proposed amendment: Para. (f) to be added by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(g) an examiner of vehicles holds or acquires a direct or indirect financial interest in the manufacturing,
selling, rebuilding, repair- ing or modifying of motor vehicles, the nature and extent of which may be
prescribed by the Minister; or

[Proposed amendment: Para. (g) to be added by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(h) the examiner for driving licences holds or acquires a direct or indirect financial or other related interest
in any driving school or in the training, instruction or supervision of learner drivers, the nature and extent of
which may be prescribed by the Minister.

[Proposed amendment: Para. (h) to be added by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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—

(a) any of the circumstances referred to in subsection (1)(a) to (h) exist; or

(b) the inspector of licences or traffic officer, as the case may be, holds or acquires a direct or indirect
financial or other related interest in any testing station, driving school or in the training, instruction or
supervision of learner drivers, the nature and extent of which may be prescribed by the Minister.

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 24 of 85
 [Proposed amendment: Subs. (2) to be substituted by s. 6 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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.

[S. 3E inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 25 of 85
 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.

[S. 3F inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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.

[S. 3G inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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.

[S. 3H inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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;
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 26 of 85
 (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

(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;
[Proposed amendment: Para. (o) to be amended by s. 7 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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; and
[Proposed amendment: Para. (p) to be amended by s. 7 of Act 8/2024 w.e.f. a date to be proclaimed]
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 27 of 85
 (q) if he or she is satisfied, on reasonable grounds and subject to verification by the traffic officer, that a motor
vehicle—

(i) was in the past issued with a notice to discontinue operation in terms of section 44(1) and such notice
was not complied with;

(ii) is being operated on a public road by a driver who is not a holder of a valid driving licence;

(iii) is being operated on a public road by a driver who is not a holder of a valid professional driving permit;
or

(iv) is being operated by a person without the necessary operating licence or permit or contrary to the
conditions thereof,

may impound the vehicle pending the investigation and prosecu- tion of that person for an offence in terms of
any applicable law and the officer must deal with the impounded vehicle as determined in terms of the
relevant sections of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

[Proposed amendment: Para. (q) to be added by s. 7 of Act 8/2024 w.e.f. a date to be proclaimed]

[S. 3I inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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;

(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.

[S. 3J inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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.

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 28 of 85
 [Subs. (1) substituted by s. 3 of Act 64/2008 w.e.f. 20 November 2010]

(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.

[Subs. (3) added by s. 3 of Act 64/2008 w.e.f. 20 November 2010]

(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.

[Subs. (4) added by s. 3 of Act 64/2008 w.e.f. 20 November 2010]

[S. 3K inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

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.

[S. 3L inserted by s. 2 of Act 21/99 w.e.f. 1 August 2000]

3L. Registration of training centre

A provincial department responsible for transport or a local authority shall not offer authorised officer qualifications
unless it has been approved, registered and graded as a training centre in terms this Act.

[Proposed amendment: S. 3L to be substituted by s. 8 of Act 8/2024 w.e.f. a date to be proclaimed]

3M. Application for registration of training centre

(1) A provincial department responsible for transport or a local authority desiring to offer qualifications for
authorised officers shall apply in the prescribed manner to the Shareholders Committee for registration as a training
centre.

(2) A training centre may, on the prescribed conditions, be approved, registered and graded to offer qualifications
for traffic officers, examiners for driving licences, examiners of vehicles or traffic wardens or a combination thereof.

(3) A provincial department responsible for transport or a local authority shall not offer qualifications for
authorised officers unless it has been approved, registered and graded as a training centre.

[Proposed amendment: S. 3M to be inserted by s. 9 of Act 8/2024 w.e.f. a date to be proclaimed]

3N. Registration and grading of training centre

On receipt of an application referred to in section 3M the Shareholders Committee shall, if satisfied that, in relation
to the training centre concerned, the prescribed requirements have been met, register and grade such training
centre in the prescribed manner, and give notice of such registration in the Gazette.
[Proposed amendment: S. 3N to be inserted by s. 9 of Act 8/2024 w.e.f. a date to be proclaimed]

3O. Suspension or cancellation of registration of training centre

The Shareholders Committee may, if a registered training centre no longer complies with the requirements referred
to in section 3L, suspend the registration of that training centre for such period as it deems fit or regrade or cancel
the registration, in the prescribed manner, and subject to due process of law.

[Proposed amendment: S. 3O to be inserted by s. 9 of Act 8/2024 w.e.f. a date to be proclaimed]

CHAPTER III

REGISTRATION AND LICENSING OF MOTOR VEHICLES AND REGISTRATION OF MANUFACTURERS, BUILDERS,

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 29 of 85
 IMPORTERS AND MANUFACTURERS OF NUMBER PLATES.

[Heading substituted by s. 2 of Act 8/98 w.e.f. 1 August 2000]

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.

[Subs. (3) added by s. 4 of Act 64/2008 w.e.f. 20 November 2010]

[S. 4 substituted by s. 3 of Act 21/99 w.e.f. 1 August 2000]

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

5. Registration of manufacturers, builders, body builders and importers

[Proposed amendment: Heading of s. 5 to be substituted by s. 10 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(1) Every manufacturer, builder, body builder or importer must apply in the prescribed manner to the chief
executive officer for registration as a manufacturer, builder, body builder or importer, as the case may be.

[Proposed amendment: Subs. (1) to be substituted by s. 10 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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, body builder or importer.

[Proposed amendment: Subs. (4) to be substituted by s. 10 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(5) The manufacturer, builder, body builder or importer referred to in subsection (1) shall, in the prescribed
manner, register every motor vehicle manufactured, modified, built or imported by him or her, subject to compliance
with the applicable traffic laws before he or she distributes or sells such vehicle.

[Proposed amendment: Subs. (5) to be substituted by s. 10 of Act 8/2024 w.e.f. a date to be proclaimed]

(6) Manufacturers, builders and importers shall not manufacture, build, modify, import, sell or distribute motor
vehicles except in accordance with the prescribed conditions.

(6) A manufacturer, builder, body builder or importer shall not manufacture, build, modify, import, sell or distribute
motor vehicles unless registered in accordance with the prescribed conditions.
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 30 of 85
 [Proposed amendment: Subs. (6) to be substituted by s. 10 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[Subs. (7) added by s. 4(c) of Act 21/99 w.e.f. 1 August 2000]

[S. 5 substituted by s. 3 of Act 8/98 w.e.f. 1 August 2000and amended by s. 4(a) and (b) of Act 21/99 w.e.f. 20 November 2010]

5A. Manufacturing of blank number plates, supplying of blank number plates, manufacturing of reflective
sheeting for number plates, supplying of reflective sheeting for number plates and embossing of number plates

No person, authority or organisation shall—

(a) manufacture blank number plates;

(b) manufacture reflective sheeting for number plates;

(c) supply blank number plates;

(d) supply reflective sheeting for number plates; or

(e) emboss or sell number plates,

unless such person, authority or organisation is registered as such manufacturer, supplier or embosser in terms of
this Act.

[Proposed amendment: S. 5A to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5B. Application for registration as manufacturer of blank number plates, supplier of blank number plates,
manufacturer of reflective sheeting for number plates, supplier of reflective sheeting for number plates and
embosser of number plates

Any person, authority or organisation desiring to manufacture or supply blank number plates, desiring to
manufacture or supply reflective sheeting for number plates, or desiring to emboss number plates, shall apply in the
prescribed manner to the MEC concerned for registration as—

(a) a manufacturer of blank number plates;

(b) a manufacturer of reflective sheeting for number plates;

(c) a supplier of blank number plates;

(d) a supplier of reflective sheeting for number plates; or

(e) an embosser of number plates.

[Proposed amendment: S. 5B to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5C. Registration of manufacturer of blank number plates, supplier of blank number plates, manufacturer of
reflective sheeting for number plates, supplier of reflective sheeting for number plates and embosser of number
plates

On receipt of the application referred to in section 5B, the MEC concerned shall, if satisfied that, in relation to the—

(a) manufacturer of blank number plates;

(b) manufacturer of reflective sheeting for number plates;

(c) supplier of blank number plates;

(d) supplier of reflective sheeting for number plates; or

(e) embosser of number plates,

the prescribed requirements have been met, register such manufacturer, supplier or embosser in the prescribed
manner, and give notice of such registration in the provincial Gazette.

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 31 of 85
 [Proposed amendment: S. 5C to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5D. Suspension or cancellation of registration as manufacturer of blank number plates, supplier of blank
number plates, manufacturer of reflective sheeting for number plates, supplier of reflective sheeting for number
plates and embosser of number plates

Subject to due process of law, the MEC concerned may, if a registered—

(a) manufacturer of blank number plates;

(b) manufacturer of reflective sheeting for number plates;

(c) supplier of blank number plates;

(d) supplier of reflective sheeting for number plates; or

(e) embosser of number plates,

no longer complies with the requirements of this Act, suspend the registration of that manufacturer, supplier or
embosser for such period as he or she may deem fit or cancel the registration in the prescribed manner.

[Proposed amendment: S. 5D to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5E. Weighbridge facility to be registered

No person, authority or organisation shall operate a weighbridge facility unless such person, authority or body is
registered as a weighbridge facility in terms of this Act.

[Proposed amendment: S. 5E to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5F. Application for registration as weighbridge facility

Any person, authority or organisation desiring to operate a weighbridge facility shall apply in the prescribed manner
to the MEC c oncerned for registration as a weighbridge facility.

[Proposed amendment: S. 5F to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5G. Registration of weighbridge facility

On receipt of the application referred to in section 5F, the MEC concerned shall, if satisfied that, in relation to the
weighbridge facility, the prescribed requirements have been met, register such weighbridge facility in the prescribed
manner, and give notice of such registration in the provincial Gazette.

[Proposed amendment: S. 5G to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5H. Suspension or cancellation of registration of weighbridge facility

Subject to due process of law, the MEC concerned may, if a registered weighbridge facility no longer complies with
the requirements of this Act, suspend the registration of that weighbridge facility for such period as he or she may
deem fit or cancel the registration in the prescribed manner, and give notice of such cancellation in the
provincial Gazette.

[Proposed amendment: S. 5H to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5I. Manufacturer of microdots, supplier of microdots and microdot fitment centres

No person, authority or organisation shall—

(a) manufacture microdots;

(b) supply microdots; or

(c) operate a microdot fitment centre,

unless such person, authority or organisation is registered as such.

[Proposed amendment: S. 5I to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5J. Application for registration as manufacturer, supplier or operator of microdots, supplier of microdots and
microdot fitment centre

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 32 of 85
 Any person, authority or organisation desiring to manufacture microdots, supply microdots, or operate a microdot
fitment centre shall apply in the prescribed manner to the MEC concerned for registration as such.

[Proposed amendment: S. 5J to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5K. Registration of manufacturer of microdots, supplier of microdots and microdot fitment centre

On receipt of the application referred to in section 5J, the MEC concerned shall, if satisfied that, in relation to the—

(a) manufacturer of microdots;

(b) supplier of microdots; or

(c) microdot fitment centre,

the prescribed requirements have been met, register such manufacturer, supplier of microdots or microdot fitment
centre in the prescribed manner.

[Proposed amendment: S. 5K to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

5L. Suspension or cancellation of registration of manufacturer of microdots, supplier of microdots and

microdot fitment centre

Subject to due process of law, the MEC concerned may, if a registered manufacturer of microdots, supplier of
microdots or microdot fitment centre no longer complies with the requirements of this Act, suspend the registration
of that manufacturer of microdots, supplier of microdots or microdot fitment centre for such period as the MEC
deems fit, or cancel the registration, in the prescribed manner.

[Proposed amendment: S. 5L to be inserted by s. 11 of Act 8/2024 w.e.f. a date to be proclaimed]

6. Right of appeal toShareholders Committee

(1) Any person who is aggrieved at the refusal of thechief 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 it is so registered may,
within 21 days after such refusal, suspension or cancellation, or notification of the conditions on which it 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.

[Subs. (1) substituted by s. 4 of Act 8/98 w.e.f. 1 August 2000]

(1) Any person who is aggrieved at the refusal of the chief executive officer to register him or her as a
manufacturer, builder, importer, manufacturer of blank number plates, manufacturer of reflective sheeting for
number plates, supplier of blank number plates, supplier of reflective sheeting for number plates, embosser of
number plates, weighbridge facility, manufacturer of microdots, supplier of microdots and microdot fitment centre, or
at the refusal of the MEC to issue an exemption permit in terms of section 81(3), or at the suspension or
cancellation of his or her registration as manufacturer, builder, importer, manufacturer of blank number plates,
manufacturer of reflective sheeting for number plates, supplier of blank number plates, supplier of reflective
sheeting for number plates, embosser of number plates, weighbridge facility, manufacturer of microdots, supplier of
microdots, microdot fitment centre or permit holder in terms of section 81(3), or at the conditions on which 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.

[Proposed amendment: Subs. (1) to be inserted by s. 12 of Act 8/2024 w.e.f. a date to be proclaimed]

(2) After receipt of the copy of the appeal referred to in subsection (1), thechief 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 asit may deem fit.

[S. 6 amended by s. 5 of Act 21/99 w.e.f. 20 November 2010]

7. Appointment of inspectorate of manufacturers, builders and importers

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 33 of 85
 7. Appointment of inspectorates of manufacturers, builders, body builders, importers, number plates,
microdots and weighbridge facilities

[Proposed amendment: Heading of s. 7 to be substituted by s. 13 of Act 8/2024 w.e.f. a date to be proclaimed]

(1) The Minister may appoint a person, an authority or a body as an inspectorate of manufacturers, builders and
importers.

(1) The Minister may appoint a person or an authority as an inspectorate of—

(a) manufacturers, builders, body builders and importers;

(b) number plates;

(c) microdots; or

(d) weighbridge facilities.

[Proposed amendment: Subs. (1) to be substituted by s. 13 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(2) The powers and duties of the inspectorates contemplated in subsection (1) in relation to the registration and
inspection of—

(a) manufacturers, builders, body builders and importers;

(b) number plates;

(c) microdots; and

(d) weighbridge facilities,

shall be as prescribed.

[Proposed amendment: Subs. (2) to be substituted by s. 13 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

CHAPTER IV

FITNESS OF DRIVERS

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.

[S.8 substituted by s. 6 of Act 21/99 w.e.f. 20 November 2010]

8. ..........

[Proposed amendment: S. 8 to be repealed by s. 14 of Act 8/2024 w.e.f. a date to be proclaimed]

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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 34 of 85
 centre.
[Subs. (1) substituted by s. 5 of Act 64/2008 w.e.f. 20 November 2010]

(1) Any local authority 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 approval and the registration of
such testing centre.

[Proposed amendment: Subs. (1) to be substituted by s. 15 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[Subs. (3) added by s. 5 of Act 64/2008 w.e.f. 20 November 2010]

(3) A local authority or a registering authority shall not operate a driving licence testing centre unless such testing
centre is registered and graded in accordance with this Act.

[Proposed amendment: Subs. (3) to be substituted by s. 15 of Act 8/2024 w.e.f. a date to be proclaimed]

(4) A driving licence testing centre may, on the prescribed conditions, apply to the inspectorate of driving licence
testing centres to be registered and graded to operate a mobile facility that may test applicants for learner's licences
—

(a) in case of a provincial department, within the province concerned; and

(b) in case of a registering authority or a local authority, within the area of jurisdiction of the registering
authority or the local authority concerned.

[Proposed amendment: Subs. (4) to be added by s. 15 of Act 8/2024 w.e.f. a date to be proclaimed]

[S.8A inserted by s. 6 of Act 21/99 w.e.f. 20 November 2010]

9. Registration and grading of driving licence testing centre

On receipt of an application referred to insection 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.

[S. 9 substituted by s. 7 of Act 21/99 w.e.f. 20 November 2010]

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 and grading in the Gazette.

[Proposed amendment: S. 9 to be substituted by s. 16 of Act 8/2024 w.e.f. a date to be proclaimed]

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

The 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 he or she may deem fit, or regrade or cancel it, in the prescribed manner.
[S. 10 substituted by s. 8 of Act 21/99 w.e.f. 20 November 2010]

11. Appointment of inspectorate of driving licence testing centres

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 35 of 85
 (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.

(1) The Minister shall appoint a suitably qualified person or an authority as an inspectorate of driving licence
testing centres.

[Proposed amendment: Subs. (1) to be substituted by s. 17 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 to be carried out in terms of this Act.

(4) The Minister shall prescribe the training procedures and qualifications of a person appointed under subsection
(1).

[Subs. (4) added by s. 6 of Act 64/2008 w.e.f. 20 November 2010]

[S. 11 substituted by s. 9 of Act 21/99 w.e.f. 20 November 2010]

11A. Provincial inspectorates

(1) An MEC shall appoint a suitably qualified person as a provincial inspectorate to conduct inspections and
evaluations to ensure compliance with this Act.

(2) The Minister shall, in consultation with the relevant MEC, prescribe the powers and duties of the provincial
inspectorate.

[Proposed amendment: S. 11A to be inserted by s. 18 of Act 8/2024 w.e.f. a date to be proclaimed]

12. Driver of motor vehicle to be licensed

No person shall drive a motor vehicle on a public road -

(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.

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.

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;

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 36 of 85
 (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.

15. Disqualification from obtaining or holding learner's or driving licence

15. Disqualification from obtaining or holding learner's licence, driving licence or driving permit

[Proposed amendment: Heading of s. 15 to be substituted by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 inco-ordination;

(v) uncontrolled diabetes mellitus;

(vi) defective vision ascertained in accordance with a prescribed standard;

(vii) any other disease or physical defect which is likely to render him or her incapable of effectively
driving and controlling a motor vehicle of the class to which such licence relates without endangering the
safety of the public: Provided that deafness shall not of itself be deemed to be such a defect;

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 37 of 85
 (vii) any other disease 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;
[Proposed amendment: Subpara. (vii) to be substituted by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

(viii) 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;

[Proposed amendment: Subpara. (viii) to be added by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

(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

(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 THC; or

[Proposed amendment: Para. (g) to be substituted by s. 7 (Sched., item 2(c)) of Act 7/2024 w.e.f. a date to be proclaimed]

(g) if he or she is addicted to the use of any drug having a narcotic effect or the excessive use of
intoxicating liquor and is certified as such by a medical practitioner; or

[Proposed amendment: Para. (g) to be substituted by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 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).

[Subs. (2) amended by s. 10 of Act 21/99 w.e.f. 20 November 2010]

(2) The chief executive officer 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);

[Proposed amendment: Subs. (2) to be substituted by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

(3) The chief executive officer shall, if satisfied that the holder of the licence is competent to drive the class of
motor vehicle concerned with the aid of glasses, an artificial limb or any other physical aid, issue or authorise the
issuing of a new licence in the prescribed manner reflecting the conditions under which it is issued.
[Proposed amendment: Subs. (3) to be added by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

(4) For purposes of this section read with sections 23 and 32 of this Act, driving permit includes all driving permits
as defined in section 1 and required in terms of this Act.

[Proposed amendment: Subs. (4) to be added by s. 19 of Act 8/2024 w.e.f. a date to be proclaimed]

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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 38 of 85
 (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.

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 as contemplated in section 18(6), that document to the
chief executive officer.

[Proposed amendment: Words following para. (b) to be substituted by s. 20 of Act 8/2024 w.e.f. a date to be proclaimed]

[Subs. (2) amended by s. 11 of Act 21/99 w.e.f. 20 November 2010]

(3) When a licence is submitted in terms of subsection (2) thechief 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 accordingly 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.

[Subs. (3) amended by s. 11 of Act 21/99 w.e.f. 20 November 2010]

(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 p rescribed territory he or she shall notify the authority which issued it of the cancellation.
[Proposed amendment: Subs. (3) to be substituted by s. 20 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

(1) Subject to section 24, a person desiring to obtain a learner's licence shall apply therefor in the prescribed
manner to an appropriately registered and graded driving licence testing centre.

[Proposed amendment: Subs. (1) to be substituted by s. 21 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 as prescribed.

[Subs. (2) substituted by s. 7 of Act 64/2008 w.e.f. 20 November 2010]

(2) Upon receipt of the application contemplated in subsection (1), the driving licence testing centre shall deal
with the application in the prescribed manner.

[Proposed amendment: Subs. (2) to be substituted by s. 21 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 as 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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 39 of 85
 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 specifically for that physically disabled applicant, endorse the
licence accordingly.
[Subs. (3) substituted by s. 7 of Act 64/2008 w.e.f. 20 November 2010]

(4) No person shall wilfully or negligently issue or authorise the issue of a learner's licence contrary to the provisions
of this Chapter.

(4)

(a) A person shall not fraudulently, wilfully or negligently—

(i) issue a learner's licence;

(ii) authorise the issue of a learner's licence;

(iii) endorse or fail to endorse a learner's licence; or

(iv) produce, print or manufacture any document similar to a learner's licence,

contrary to the provisions of this Chapter.

(b) A person shall not make use of any unauthorised aid during a test for a learner's licence or be in
possession of an aid that may assist a person in answering a test for a learner's licence.

[Proposed amendment: Subs. (4) to be substituted by s. 21 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[Subs. (5) added by s. 7 of Act 64/2008 w.e.f. 20 November 2010]

(5) Any applicant for a learner’s licence who makes use of any unauthorised aid during a test for a learner's
licence or is found in possession of an aid that may assist a person in answering a test for a learner's licence, shall
be disqualified, as may be prescribed, from reapplying for a learner's licence for a period not exceeding 24 months
from the date of disqualification.

[Proposed amendment: Subs. (5) to be substituted by s. 21 of Act 8/2024 w.e.f. a date to be proclaimed]

(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).

[Subs. (6) added by s. 7 of Act 64/2008 w.e.f. 20 November 2010]

(6) If a person has been found to have contravened subsection (4)(b) and it is established that such person has
obtained a learner's licence during the investigation process in respect of the said contravention, such licence shall
be invalid.
[Proposed amendment: Subs. (6) to be substituted by s. 21 of Act 8/2024 w.e.f. a date to be proclaimed]

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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 40 of 85
 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.

(1) Subject to section 24, the holder of a learner's licence issued in terms of section 17, who desires to obtain a
driving licence shall apply in the prescribed manner to an appropriately registered and 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.

[Proposed amendment: Subs. (1) to be substituted by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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: Provided that in a case where the driving licence testing centre
can provide an appropriate motor vehicle, such motor vehicle may be used for the test.

[Proposed amendment: Proviso to be added by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(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-

[Words preceding para. (a) substituted by s. 8 of Act 64/2008 w.e.f. 20 November 2010]

(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 NaTIS officer 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 NaTIS officer shall—

[Proposed amendment: Words preceding para. (a) to be substituted by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(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;

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 41 of 85
 (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.

[Subs. (5A) inserted by s. 8 of Act 64/2008 w.e.f. 20 November 2010]

(5A)

(a) A person shall not make use of an unauthorised aid during a driving licence test.

(b) Any applicant for a driving licence who makes use of any unauthorised aid during a test for a driving
licence or is found in possession of an aid that may assist a person in passing a driving licence test, shall be
disqualified, as may be prescribed, from reapplying for a driving licence for a period not exceeding 24 months
from the date of disqualification.

[Proposed amendment: Subs. (5A) to be substituted by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 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).

[Subs. (5B) inserted by s. 8 of Act 64/2008 w.e.f. 20 November 2010]

(5B) If a person is suspected to have contravened subsection (5A), and it is established that such person has
obtained a driving licence during the investigation process in respect of the said contravention, such licence shall be
invalid.

[Proposed amendment: Subs. (5B) to be substituted by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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 a contract of employment outside the borders of the Republic;

[Subpara. (iii) substituted by s. 8 of Act 64/2008 w.e.f. 20 November 2010]

(iv) a full-time student at a foreign academic institution; or

[Subpara. (iv) substituted by s. 8 of Act 64/2008 w.e.f. 20 November 2010]

(v) a spouse of a person referred to in subparagraphs (ii) and (iii),

[Subpara. (v) inserted by s. 8 of Act 64/2008]

[Subs. (6) substituted by s. 12 of Act 21/99 w.e.f. 1 August 2000 and s. 1 of Act 20/2003 w.e.f. 30 April 2003]

(6)

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 42 of 85
 (a) Subject to paragraph (b), a driving licence which has officially been included in an identity document
shall not be accepted as proof of a driving licence.

(b) Despite paragraph (a), any person who is in possession of a driving licence issued in an identity
document who was unable to apply before 1 May 2003 for a driving licence card issued in terms of this Act
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 or being a spouse or partner who
accompanied such a person;

(iii) employed outside the borders of the Republic or being a spouse or partner who accompanied
such a person; or

(iv) a full-time student at a foreign academic institution,

before 1 May 2003, shall, upon proof submitted by any such person of the date of his or her
discharge from such facility, release from such institution or upon his or her return to the Republic, as
the case may be, be allowed to exchange such licence within six months after the date of such
discharge from such facility, release from such institution or return to the Republic.

[Proposed amendment: Subs. (6) to be substituted by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(6A) A driving licence as contemplated in subsection (6)(a), which was valid before 1 May 2003, shall, subject to
subsection (6)(b), no longer be deemed to be a valid driving licence.

[Proposed amendment: Subs. (6A) to be inserted by s. 22 of Act 8/2024 w.e.f. a date to be proclaimed]

(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).

[Subs. (7) added by s. 1 of Act 20/2003]

19. Substitution of driving licence 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.

(2A) 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 driving 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.

[Proposed amendment: Subs. (2A) to be inserted by s. 23 of Act 8/2024 w.e.f. a date to be proclaimed]

(3) A driving licence which has not been substituted as contemplated in subsection (1) becomes invalid on the day
after the date determined by the Minister in terms of section 18(6) or (7), as the case may be.

(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.

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 (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 sections 17 and 18.

[Proposed amendment: Subs. (4) to be substituted by s. 23 of Act 8/2024 w.e.f. a date to be proclaimed]

[S. 19 amended by s. 13 of Act 21/99 w.e.f. 1 August 2000 and substituted by s. 2 of Act 20/2003]

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.

(1A) The Minister may, by notice in the Gazette, fix a date from which the provisions of subsection (1) shall not be
applicable, in respect of the driving licences concerned.

[Proposed amendment: Subs. (1A) to be inserted by s. 24 of Act 8/2024 w.e.f. a date to be proclaimed]

(2) An application for a driving licence under subsection (1) shall be accompanied by -

(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 insection 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).

[Subs. (3) substituted by s. 9 of Act 64/2008 w.e.f. 20 November 2010]

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 a driving licence shall
apply to be evaluated at any driving licence testing centre.
[S. 21 substituted by s. 14 of Act 21/99 w.e.f. 20 November 2010 and by s. 10 of Act 64/2008 w.e.f. 20 November 2010]

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.

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

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 (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.

23. When licence not issued in terms of Act deemed to be driving licence

(1) Subject to sections 15, this section, section 32 and the prescribed conditions—

(a) a licence or driving permit authorising the driving of a motor vehicle and which was issued in a country
that is a contracting state to the Convention including Conventions from the Southern African Development
Community;

(b) a licence or driving permit in the prescribed territory or contracting state to the Convention; and

(c) a licence combined with or without any of the driving permits which were issued while the holder thereof
was not permanently or ordinarily resident in the Republic,

shall not, in respect of the class of motor vehicle to which that licence or driving permit relates be deemed as
a licence or driving permit, unless subject to prescribed conditions and compliant with this Act.

(2) The holder of a licence or driving permit referred to in subsection (1) must, subject to the prescribed
conditions, apply for a driving licence or driving permit issued in terms of this Act.

(3) The Minister must prescribe regulations, conditions necessary and required in terms of this section and
conditions upon which such licences or driving permits may take the place of licences or driving permits issued in
compliance with this Act.

(4) All applications in terms of section 15, this section and section 32 must be made in the prescribed manner.

[Proposed amendment: S. 23 to be substituted by s. 25 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

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
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 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.

(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 such licence, 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 and an affirmation or affidavit in respect of the circumstances relating to such
source of danger is submitted to the chief executive officer, the chief executive officer may cancel or suspend
such licence.

[Proposed amendment: Subs. (1) to be substituted by s. 26 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 thechief
executive officer, to determine his or her competency to drive a motor vehicle of the class to which his or her
licence 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.

(4) If any person, after having been examined and tested in terms of subsection (2), is found not to be competent
to drive a motor vehicle of the class for which he or she holds a licence, the chief executive officer shall forthwith
cancel the licence concerned.

[Proposed amendment: Subs. (4) to be substituted by s. 26 of Act 8/2024 w.e.f. a date to be proclaimed]

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 46 of 85
 (5) If any person fails to comply with a request in terms of subsection (2), thechief 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, thechief executive officer or
the inspector of licences, as the case may be, shall record particulars of the cancellation or suspension in
that register;

(ii) and particulars thereof are not contained in the register for driving licences, thechief 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 concerned may inform such person that
such licence is of no force within the Republic, and as from the date on which such person is so informed the licence
shall cease to be in force within the Republic.

(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 country that is a contracting state to the Convention, 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, in writing, inform such person that such licence is of no force within the Republic, and as from the date on
which such person is so informed the licence shall cease to be in force within the Republic and the chief executive
officer shall retain such licence as prescribed.

[Proposed amendment: Subs. (10) to be substituted by s. 26 of Act 8/2024 w.e.f. a date to be proclaimed]

[S. 25 amended by s. 15 of Act 21/99 w.e.f. 20 November 2010]

National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 47 of 85
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.

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,

(b) on which an endorsement made in terms of section 18(4)(b) or a similar endorsement by a competent
authority in a prescribed territory has been effected,

[Proposed amendment: Para. (b) to be substituted by s. 27 of Act 8/2024 w.e.f. a date to be proclaimed]

is of the opinion that there are circumstances justifying the cancellation or amendment of such endorsement, he
or she may apply to the chief executive officer 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) thechief 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) ccancel 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.

[Subpara. (ii) substituted by s. 11 of Act 64/2008 w.e.f. 20 November 2010]

[S. 27 amended by s. 16 of Act 21/99 w.e.f. 20 November 2010]

28. Instructor to be registered

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 28. Instructor to be registered and graded

[Proposed amendment: Heading of s. 28 to be substituted by s. 28 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(2) A person shall not employ any other person as an instructor, or make use of any other person's services as
instructor, unless that other person is registered and graded as an instructor in terms of section 28B.

[Proposed amendment: Heading of s. 28 to be substituted by s. 28 of Act 8/2024 w.e.f. a date to be proclaimed]

[S. 28 substituted by s. 17 of Act 21/99 w.e.f. 1 August 2000]

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.

28A. Application for registration as instructor

(1) Any person desiring to be registered as an instructor shall apply in the prescribed manner at a driving licence
testing centre to the chief executive officer, in respect of one or more of the classes of motor vehicles for which a
learner's licence, or driving licence can be obtained.

(2) Upon receipt of an application for registration as contemplated in subsection (1), the driving licence testing
centre shall deal with the application as prescribed.

[Proposed amendment: S. 28A to be substituted by s. 29 of Act 8/2024 w.e.f. a date to be proclaimed]

[S. 28A inserted by s. 17 of Act 21/99 w.e.f. 1 August 2000]

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;

(b) is of good character; and

(b) is of good character;

[Proposed amendment: Para. (b) to be amended by s. 30 of Act 8/2024 w.e.f. a date to be proclaimed]

(c) is mentally and physically fit to act as instructor, and was medically examined to ascertain such fitness.

(c) is mentally and physically fit to act as instructor, and was medically examined to ascertain such fitness;

[Proposed amendment: Para. (c) to be amended by s. 30 of Act 8/2024 w.e.f. a date to be proclaimed]

(d) is employed by a registered and graded driving school;

[Proposed amendment: Para. (d) to be added by s. 30 of Act 8/2024 w.e.f. a date to be proclaimed]

(1A) A person shall not be registered to act as an instructor if he or she—

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 (a) has been convicted of an offence listed in Schedule 1 or 2 to the Criminal Procedure Act, 1977 (Act No.
51 of 1977); or

(b) has been convicted of or has paid an admission of guilt fine for driving a motor vehicle while under the
influence of intoxicating liquor or a drug having a narcotic effect.

[Proposed amendment: Subs. (1A) to be inserted by s. 30 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(2) A person referred to in subsections (1) and (1A) shall only be registered as instructor in respect of a class of
motor vehicle which he or she is licensed to drive.

[Proposed amendment: Subs. (2) to be substituted by s. 30 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(3) The chief executive officer shall, if satisfied that an applicant referred to in section 28A complies with
subsections (1), (1A) and (2), register and grade such applicant in the prescribed manner.

[Proposed amendment: Subs. (3) to be substituted by s. 30 of Act 8/2024 w.e.f. a date to be proclaimed]

[S. 28B inserted by s. 17 of Act 21/99 w.e.f. 1 August 2000]

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.

[S. 28C inserted by s. 17 of Act 21/99 w.e.f. 1 August 2000]

28D. Driving school to be registered

A person shall not operate a driving school unless such driving school is registered and graded.

[Proposed amendment: S. 28D to be inserted by s. 31 of Act 8/2024 w.e.f. a date to be proclaimed]

28E. Application for registration of driving school

Any person or organisation desiring to operate a driving school shall, in the prescribed manner, apply to the MEC in
whose province s uch driving school will be operated, for the registration and grading of s uch driving school.

[Proposed amendment: S. 28E to be inserted by s. 31 of Act 8/2024 w.e.f. a date to be proclaimed]

28F. Registration and grading of driving school

On receipt of the application referred to in section 28E and on the recommendation of the inspectorate of driving
schools, the MEC shall, if satisfied that the driving school concerned has met the prescribed requirements for
registration, register and grade such driving school in the prescribed manner, and give notice of such registration
and grading in the provincial Gazette.

[Proposed amendment: S. 28F to be inserted by s. 31 of Act 8/2024 w.e.f. a date to be proclaimed]

28G. Suspension or cancellation of registration of driving school

The MEC may, in the event that a registered and graded driving school no longer complies with the requirements
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 50 of 85
 and conditions for registration, after due process, suspend or cancel the registration of such driving school or
regrade the driving school in the prescribed manner.

[Proposed amendment: S. 28G to be inserted by s. 31 of Act 8/2024 w.e.f. a date to be proclaimed]

28H. Appointment of inspectorate of driving schools

(1) The Minister shall appoint a person, an authority or an organisation as an inspectorate of driving schools.

(2) The powers and duties of the inspectorate of driving schools, in relation to the inspection and control of
standards, grading and operation of driving schools shall be as prescribed.

(3) The Minister may, in order to defray expenditure incurred by, or on behalf of, that inspectorate for the
purposes of performance of its functions, prescribe the fees to be paid in respect of inspections carried out in terms
of this Act.

[Proposed amendment: S. 28H to be inserted by s. 31 of Act 8/2024 w.e.f. a date to be proclaimed]

29. Voidness of learner's or driving licence issued contrary to Chapter

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

[S. 29 substituted by s. 18 of Act 21/99 w.e.f. 20 November 2010]

29. Voidness of licences issued contrary to this Chapter

(1) A learner's licence or driving licence or any document purporting to be a learner's licence or driving licence
that is issued contrary to this Chapter, shall after an investigation has been conducted and upon recommendation of
the inspectorate of driving licence testing centres or the provincial inspectorate, as prescribed, be declared void
by the MEC concerned.

(2) The MEC concerned may, after such learner’s licence or driving licence has been declared void, request the
holder of such learner's licence or driving licence to forthwith submit such document to the provincial inspectorate
or inspectorate of driving licence testing centres who shall destroy the document.

(3) The MEC concerned may, subject to prescribed conditions, declare such learner's licence or driving licence to
be a valid licence from the date of issue of such document.

[Proposed amendment: S. 29 to be substituted by s. 32 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

30. Use of somebody's learner's licence, or driving licence by another person prohibited

No person shall use any other person's learner's licence or driving licence and present such licence as his or her
own.

[Proposed amendment: S. 30 to be substituted by s. 33 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

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

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 (1) A person who is the owner or operator, or is in charge, or control, of a motor vehicle shall not employ or
permit any other person to drive that vehicle on a public road unless that other person is licensed and permitted in
accordance with this Chapter to drive the vehicle.

(2) The owner or operator shall, before the person referred to in subsection (1) drives a vehicle as contemplated
in subsection (1), verify that such person is licenced and permitted to drive accordingly.

[Proposed amendment: S. 31 to be substituted by s. 34 of Act 8/2024 w.e.f. a date to be proclaimed]

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 drives such vehicle while he or she is accompanied by a person registered as a professional
driver in respect of that class of vehicle.

[Subs. (1) amended by s. 5 of Act 8/98 w.e.f. 1 August 2000]

(1) A person shall not 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 drives such vehicle while he or she is accompanied by a person who is the holder of a
professional driving permit in respect of that class of vehicle and who is in possession of such permit: Provided
further that if the person accompanying such person is an examiner for driving licences, such examiner does not
have to be the holder of a professional driving permit.

[Proposed amendment: Subs. (1) to be substituted by s. 35 of Act 8/2024 w.e.f. a date to be proclaimed]

(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).

(a) Any document issued by a competent authority in any prescribed territory or other foreign international
territory and serving in that territory a purpose similar to that of a professional driving permit or an international
driving permit, is deemed to be a professional driving permit for purposes of subsection (1), once all the
necessary conditions and steps prescribed have been taken to ensure its validity as contemplated in
accordance with this Chapter to possess such a document.

[Proposed amendment: Para. (a) to be substituted by s. 35 of Act 8/2024 w.e.f. a date to be proclaimed]

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 (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.

[Para. (b) substituted by s. 5 of Act 8/98 w.e.f. 1 August 2000]

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.

(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 to the court at the time of the hearing of the charge.

[Proposed amendment: Subs. (1) to be substituted by s. 36 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

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.

(4) Where a court has issued an order in terms of subsection (1)(c) the registrar or the clerk of the court shall
notify the MEC in the prescribed manner of such order and the MEC shall record such order in the register for
driving licences.

[Proposed amendment: Subs. (4) to be added by s. 37 of Act 8/2024 w.e.f. a date to be proclaimed]

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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 kilometers per hour over the prescribed general speed limit in an urban area
was recorded; or

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

[Para. (aA) inserted by s. 12 of Act 64/2008 w.e.f. 20 November 2010]

(b) section 63(1), if the court finds that the offence was committed by driving recklessly;

(c) section 65(1), (2) or (5),

where such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of -

(i) a first offence, for a period of at least six months;

(ii) a second offence, for a period of at least five years; or

(iii) a third or subsequent offence, for a period of at least ten years,

calculated from the date of sentence.

(2) Subject to subsection (3), any person who is not the holder of a driving licence or of a licence and permit, shall,
on conviction of an offence referred to in subsection (1), be disqualified for the periods mentioned in paragraphs (i) to
(iii), inclusive, of subsection (1) calculated from the date of sentence, from obtaining a learner's or driving licence or a
licence and permit.

(3) If a court convicting any person of an offence referred to in subsection (1), is satisfied, 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.

[Subs. (3) substituted by s. 12 of Act 64/2008 w.e.f. 20 November 2010]

(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.

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.

CHAPTER V

FITNESS OF VEHICLES

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.

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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 driving licence testing centres for the registration of such testing station.

[S. 38 substituted by s. 19 of Act 21/99 w.e.f. 20 November 2010]

39. Registration and grading of testing station

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

[S. 39 substituted by s. 20 of Act 21/99 w.e.f. 20 November 2010]

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 he or she may deem fit, or cancel the registration of such
testing station or regrade the testing station in the prescribed manner.

[S. 40 substituted by s. 21 of Act 21/99 w.e.f. 20 November 2010]

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.

[Subs. (4) added by s. 13 of Act 64/2008 w.e.f. 20 November 2010]

[S. 41 substituted by s. 22 of Act 21/99 w.e.f. 20 November 2010]

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;

(d) the certification of roadworthiness and issue of roadworthy certificates; and

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 (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.

[Subs. (5) substituted by s. 14 of Act 64/2008 w.e.f. 20 November 2010]

[S. 42 substituted by s. 6 of Act 8/98 w.e.f. 1 August 2000]

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 disc issued in terms of this Act is displayed on such motor vehicle in the prescribed
manner.

[S. 42A inserted by s. 7 of Act 8/98 w.e.f. 1 August 2000]

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.

[S. 43 substituted by s. 8 of Act 8/98 w.e.f. 1 August 2000]

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 vehicle, direct that such vehicle shall not be operated on a public
road or that such vehicle shall only be operated on the prescribed conditions.

(2) The manner in which and circumstances under which the traffic officer or examiner of vehicles may issue a
notice referred to in subsection (1), and the further steps which shall or may be taken in respect of the vehicle
concerned, shall be as prescribed.

CHAPTER VI

OPERATOR FITNESS

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 thechief executive officer may determine,
submit the particulars of the operator to the chief executive officer 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.

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 (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.

[S. 45 substituted by s. 9 of Act 8/98 and amended by s. 23 of Act 21/99 w.e.f. 20 November 2010]

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 an operator card for the purposes 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.

[Subs. (4) amended by s. 24 of Act 21/99 w.e.f. 20 November 2010]

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.

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.

49. Duties of operator

The operator of a motor vehicle shall -

(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;

[Para. (a) substituted by s. 10 of Act 8/98 w.e.f. 1 August 2000]

(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
National Road Traffic Act 93 of 1996, PDF generated date: December 17th, 2024 Page 57 of 85
 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.

50. Power of chief executive officer in respect of motor vehicles, drivers and activities of operators

(1) The chief executive officer may, on account of any evidence regarding the state of fitness of a motor vehicle in
respect of which an operator is registered, produced to him or her in accordance with subsection(4), by written notice-

(a) notify such operator that such motor vehicle is suspected of being unroadworthy and that the operator
should forthwith take adequate steps to ensure its continued roadworthiness in accordance with Chapter V;

(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 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 ofsection 25.

(3) The chief executive officer 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 ofsection 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 the
chief executive officer is satisfied that the grounds for the suspension have lapsed:

Provided that-

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 (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 recommendation by a person appointed under paragraph (b); and

(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 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.

[S. 50 amended by s. 11 of Act 8/98 w.e.f. 1 August 2000 and substituted by s. 25 of Act 21/99 w.e.f. 20 November 2010]

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.

CHAPTER VI A

RIGHT OF APPEAL

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

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 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.

[S. 51A inserted by s. 26 of Act 21/99 w.e.f. 1 August 2000]

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.

(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.

[S. 51B inserted by s. 26 of Act 21/99 w.e.f. 1 August 2000]

[Chapter VI A inserted by s. 26 of Act 21/99 w.e.f. 1 August 2000]

CHAPTER VII

ROAD SAFETY

52. Powers and functions of chief executive officer

(1) The chief executive officer 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
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 manner deemed fit by the chief executive officer.

(2) In order to perform his or her functions properly the chief executive officer may-

(a) publish a periodical to promote road safety in the Republic;

(b) give guidance to associations or bodies working towards the promotion of road safety in the Republic;

(c) organise national congresses, symposiums, summer schools and study weeks;

(d) with a view to promoting road safety in the national sphere, publish advertisements in the mass-
communication media.

(3) The chief executive officer shall exercise his or her powers and perform his or her functions subject to the control
and directions of the Shareholders Committee.

[S. 52 substituted by s. 27 of Act 21/99 w.e.f. 20 November 2010]

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 any person employed by the Corporation any power conferred upon him or her bysection 52;
or

(b) authorise any person employed by the Corporation to carry out any duty assigned to him or her bysection
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 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.

[S. 53 substituted by s. 28 of Act 21/99 w.e.f. 20 November 2010]

53A. Delegation by MEC

(1) The MEC of the province concerned may, subject to such conditions as he or she may deem necessary,
delegate power conferred upon him or her in terms of this Act, except the powers in section 75.

(2) Any delegation or authorisation under subsection (1) shall not prevent the MEC from exercising that power or
carrying out that duty himself or herself.

[Proposed amendment: S. 53A to be inserted by s. 38 of Act 8/2024 w.e.f. a date to be proclaimed]

CHAPTER VIII

DANGEROUS GOODS

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.

(Commencement date of s. 54: 1 August 2001)

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.

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 (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.

(Commencement date of s. 55: 1 August 2001)

CHAPTER IX

ROAD TRAFFIC SIGNS AND GENERAL SPEED LIMIT

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.

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.

[Subs. (1A) inserted by s. 29 of Act 21/99 w.e.f. 20 November 2010]

(2) The MEC concerned, or any person authorised thereto by him or her either generally or specifically, may in
respect of any public road not situated within the area of jurisdiction of a local authority, cause or permit to be displayed
in the prescribed manner any such road traffic signs as he or she may deem expedient.

(3)

(a) A local authority, or any person in its employment authorised thereto by it either generally or specifically,
may in respect of any public road within the area of jurisdiction of that local authority display or cause to be
displayed in the prescribed manner any such road traffic signs as such authority or person may deem expedient.

(b) A local authority may in writing authorise any other person or body to display or cause to be displayed
within its area of jurisdiction and in the prescribed manner any road traffic sign approved by it prior to the display
of such sign.

(c) A local authority referred to in paragraph (b) may determine the conditions for such display and may order
the removal of such sign.

(4) Notwithstanding the provisions of subsections (2) and (3), the MEC concerned, or any person authorised thereto
by him or her either generally or specifically, may in respect of any public road referred to in subsection (3) and which
is a road constructed or maintained by the Administration of the province concerned, in addition to the road traffic
signs referred to in subsection (3), cause or permit to be displayed in the prescribed manner such road traffic signs as
he or she may deem expedient, and no local authority may without the consent of that MEC remove or permit to be
removed any such road traffic sign.

(5) In such circumstances and subject to such conditions as the MEC concerned may determine, scholars or
students may be organised into patrols (to be known as scholars' patrols) for the purpose of displaying, in the
prescribed manner, an appropriate road traffic sign so as to ensure the safety of scholars or students crossing a public
road.

(6) The MEC concerned may authorise any association or club to display any such road traffic signs as he or she
may deem expedient, subject to such conditions as the MEC may determine, on any public road referred to in
subsection (2) or (3), and any such association or club may thereupon, in the prescribed manner, display a badge or
other token of the association or club in conjunction with any such road traffic sign.
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 (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.

(7) The Passenger Rail Agency of South Africa, Transnet Limited, or a person in their employment, who has
either generally or specifically been authorised thereto, may in respect of any railway level crossing on any public
road for which the Passenger Rail Agency of South Africa or Transnet Limited is responsible, cause or permit to be
displayed, in the prescribed manner, any such road traffic signs as the Passenger Rail Agency of South Africa or
Transnet Limited or such person may deem expedient.

[Proposed amendment: Subs. (7) to be substituted by s. 39 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(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 or the Passenger Rail Agency of South Africa on or along any railway level
crossing over a public road for which Transnet Limited or the Passenger Rail Agency of South Africa is responsible,
and if the local authority concerned, Transnet Limited or the Passenger Rail Agency of South Africa 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 or the Passenger Rail Agency of South Africa, as the case may be.

[Proposed amendment: Subs. (8) to be substituted by s. 39 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

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

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 disregard the directions of a road traffic sign which is displayed in the prescribed manner: Provided that-

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of any such fire-fighting vehicle, 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.

[Subs. (3) substituted by s. 15 of Act 64/2008 w.e.f. 20 November 2010]

(3) The driver of an emergency vehicle 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 driving a vehicle while responding to a disaster
as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002), may disregard the directions of a
road traffic sign which is displayed in the prescribed manner: Provided that—

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic;

(b) in the case of any emergency vehicle or any vehicle driven by a person while such person is responding
to a disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002), 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; and

(c) in a case where such vehicle is approaching an intersection, the driver of such vehicle shall stop at the
intersection and proceed only when it is safe to do so whilst a traffic signal is displaying a steady or flashing
red light or is a stop sign.

[Proposed amendment: Subs. (3) to be substituted by s. 40 of Act 8/2024 w.e.f. a date to be proclaimed]

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 (l)(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.

[Subs. (3) substituted by s. 30 of Act 21/99 w.e.f. 20 November 2010]

(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.

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
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 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

(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.

[S. 60 substituted by s. 16 of Act 64/2008 w.e.f. 20 November 2010]

60. Certain drivers may exceed general speed limit

Notwithstanding the provisions of section 59, the driver of an emergency vehicle 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 driving a
vehicle while responding to a disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002),
may exceed the applicable general speed limit: Provided that—

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of an emergency vehicle or any vehicle driven by a person while such person is responding to a
disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002), such vehicle shall be fitted
with a device capable of emitting a prescribed sound and with a prescribed identification lamp, 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.

[Proposed amendment: S. 60 to be substituted by s. 41 of Act 8/2024 w.e.f. a date to be proclaimed]

CHAPTER X

ACCIDENTS AND ACCIDENT REPORTS

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

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 (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.

(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, THC, 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.

[Proposed amendment: Para. (g) to be substituted by s. 7 (Sched., item 2(d)) of Act 7/2024 w.e.f. a date to be proclaimed]

[Subs. (1) substituted by s. 17 of Act 64/2008 w.e.f. 20 November 2010]

(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.

(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.

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

62A. Response to road incident

In the event of a road incident, the emergency services shall immediately respond to the incident and render all the
necessary services as prescribed.

[Proposed amendment: S. 62A to be inserted by s. 42 of Act 8/2024 w.e.f. a date to be proclaimed]

CHAPTER XI

RECKLESS OR NEGLIGENT DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF
INTOXICATING LIQUOR OR A DRUG HAVING A NARCOTIC EFFECT, AND MISCELLANEOUS OFFENCES

63. Reckless or negligent driving

(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
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 speed at and manner in which the vehicle was driven.

64. Inconsiderate driving

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

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

65. Driving or occupying driver's seat while under the influence of intoxicating liquor, a drug having narcotic
effect or THC, or with excessive amount of alcohol or THC or a drug having a narcotic effect in blood or breath

[Proposed amendment: Heading of s. 65 to be substituted by s. 7 (Sched., item 2(e)(i)) of Act 7/2024 w.e.f. a date to be proclaimed]

(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.

(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, THC or a drug having a narcotic effect or any combination
thereof.

[Proposed amendment: Subs. (1) to be substituted by s. 7 (Sched., item 2(e)(ii)) of Act 7/2024 w.e.f. a date to be proclaimed]

(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.

(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—

(i) alcohol;

(ii) THC;

(iii) a drug having a narcotic effect; or

(iv) any combination of (i), (ii) and (iii),

in any specimen of blood taken from any part of his or her body is not less than the concentration of alcohol,
THC or a drug having a narcotic effect or a combination thereof specified in subsection (10).

[Proposed amendment: Subs. (2) to be substituted by s. 7 (Sched., item 2(e)(ii)) of Act 7/2024 w.e.f. a date to be proclaimed]

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 (3) If, in any prosecution for an alleged contravention of a provision of subsection (2), it is proved that the
concentration of alcohol in any specimen of blood taken from any part of the body of the person concerned was not
less than 0,05 gram per 100 millilitres at any time within two hours after the alleged contravention, it shall be
presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,05 gram per 100
millilitres at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not
less than 0,02 gram per 100 millilitres, it shall be presumed, in the absence of evidence to the contrary, that such
concentration was not less than 0,02 gram per 100 millilitres at the time of the alleged contravention.

(3) For purposes of subsection (2) or subsection (5)(a) or (b)(ii), if, in any prosecution for an alleged
contravention of a provision of those subsections, it is proved that the concentration of alcohol, THC or other drug
having a narcotic effect or a combination thereof, in any specimen of blood taken from any part of the body of the
person concerned was not less than the concentration specified in subsection (10) or (11), respectively, 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 the concentrations specified in those subsections, respectively, at the
time of the alleged contravention.

[Proposed amendment: Subs. (3) to be substituted by s. 7 (Sched., item 2(e)(ii)) of Act 7/2024 w.e.f. a date to be proclaimed]

(4) Where in any prosecution in terms of this Act proof is tendered of the analysis of a specimen of the blood of any
person, it shall be presumed, in the absence of evidence to the contrary, that any syringe used for obtaining such
specimen and the receptacle in which such specimen was placed for despatch to an analyst, were free from any
substance or contamination which could have affected the result of such analysis.

(5) No person shall on a public road -

(a) drive a vehicle; or

(b) occupy the driver's seat of a motor vehicle the engine of which is running,

while the concentration of alcohol in any specimen of breath exhaled by such person is not less than 0,24
milligrams per 1 000 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,10
milligrams per 1000 millilitres.

(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—

(i) of alcohol in any specimen of breath exhaled by such person is not less than the concentration specified
in subsection (11); or

(ii) of alcohol in any specimen of breath exhaled by such person in combination with THC or drug having a
narcotic effect in any specimen of blood taken from any part of the body of the person is not less than the
concentration specified in subsection (11).

[Proposed amendment: Subs. (5) to be substituted by s. 7 (Sched., item 2(e)(iii)) of Act 7/2024 w.e.f. a date to be proclaimed]

(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 1000 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.

(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 taken at any time within two hours after the alleged
contravention was not less than the concentration specified in subsection (11), it shall be presumed, in the
absence of evidence to the contrary, that such concentration was not less than the concentration specified in
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 subsection (11) at the time of the alleged contravention.

[Proposed amendment: Subs. (6) to be substituted by s. 7 (Sched., item 2(e)(iii)) of Act 7/2024 w.e.f. a date to be proclaimed]

(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.

(8) Except on the instruction of or when administered by a medical practitioner, no person detained for an
alleged contravention of any provision of this section shall during his or her detention consume any alcohol, THC or
a drug having a narcotic effect, nicotine, or any medication until the specimen referred to in subsection (3) or (6)
has been taken.

[Proposed amendment: Subs. (8) to be substituted by s. 7 (Sched., item 2(e)(iv)) of Act 7/2024 w.e.f. a date to be proclaimed]

(9) No person shall refuse that a specimen of blood, or a specimen of breath, be taken of him or her.

(10)

(a) Where a person is a professional driver referred to in section 32—

(i) a concentration of less than a concentration of a drug having a narcotic effect, as may be
prescribed, per 100 millilitres of blood;

(ii) a concentration of less than—

(aa) 0,02 gram alcohol per 100 millilitres of blood;

(bb) 200 nanograms THC per 100 milliliters of blood; or

(cc) 0,01 gram alcohol and 100 nanograms THC per 100 millilitres of blood,

without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or

(iii) a concentration of less than—

(aa) 0,01 gram alcohol and any concentration of a drug having a narcotic effect, as may be
prescribed, per 100 millilitres of blood; or

(bb) 100 nanograms THC and any concentration of a drug having a narcotic effect, as may be
prescribed, per 100 millilitres of blood.

(b) Where a person is not a professional driver—

(i) a concentration of less than a concentration of a drug having a narcotic effect, as may be
prescribed, per 100 millilitres of blood;

(ii) a concentration of less than—

(aa) 0,05 gram alcohol per 100 millilitres of blood;

(bb) 500 nanograms THC per 100 milliliters of blood; or

(cc) 0,025 gram alcohol and 250 nanograms THC per 100 millilitres of blood,

without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or

(iii) a concentration of less than—

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 (aa) 0,025 gram alcohol and any concentration of a drug having a narcotic effect, as may be
prescribed, per 100 millilitres of blood; or

(bb) 250 nanograms THC and any concentration of a drug having a narcotic effect, as may be
prescribed, per 100 millilitres of blood.

[Proposed amendment: Subs. (10) to be inserted by s. 7 (Sched., item 2(e)(v)) of Act 7/2024 w.e.f. a date to be proclaimed]

(11)

(a) Where a person is a professional driver referred to in section 32—

(i) a concentration of less than—

(aa) 0,10 milligrams alcohol per 1000 millilitres of breath; or

(bb) 0,5 milligrams alcohol per 1000 millilitres of breath and 100 nanograms THC per 100
millilitres of blood,

without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or

(ii) a concentration of less than 0,5 milligrams alcohol per 1000 millilitres of breath and any
concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.

(b) Where a person is not a professional driver—

(i) a concentration of less than—

(aa) 0,24 milligrams alcohol per 1000 millilitres of breath; or

(bb) 0,12 milligrams alcohol per 1000 millilitres of breath and 250 nanograms THC per 100
millilitres of blood,

without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or

(ii) a concentration of less than 0,12 milligrams alcohol per 1000 millilitres of breath and any
concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.

[Proposed amendment: Subs. (11) to be inserted by s. 7 (Sched., item 2(e)(v)) of Act 7/2024 w.e.f. a date to be proclaimed]

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.

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

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 (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.

68. Unlawful acts in relation to number plates, registration number, registration mark or certain documents

[Heading of s. 68 substituted by s. 18 of Act 64/2008 w.e.f. 20 November 2010]

(1) No person shall use, display or manufacture any number plate which does not comply with the prescribed
specifications.

[Subs. (1) substituted by s. 12 of Act 8/98 w.e.f. 1 August 2000]

(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

[Para. (a) substituted by s. 12 of Act 8/98 w.e.f. 1 August 2000]

(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.

[Subs. (3) substituted by s. 18 of Act 64/2008 w.e.f. 20 November 2010]

(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 -

[Words preceding para. (a) substituted by s. 12 of Act 8/98 w.e.f. 1 August 2000]

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

CHAPTER XII

PRESUMPTIONS AND LEGAL PROCEDURE

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.

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.

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.

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.

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.

(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.

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.

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

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 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.

[S. 74A inserted by s. 19 of Act 64/2008 w.e.f. 20 November 2010]

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.

[S. 74B inserted by s. 19 of Act 64/2008 w.e.f. 20 November 2010]

CHAPTER XIII

REGULATIONS

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;

[Para. (b) substituted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(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 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;

(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 -

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 (i) the classification of dangerous goods;

(ii) the powers and duties of traffic officers in respect of the transportation of dangerous goods;

(iii) the manner in and conditions on which specified dangerous goods may be transported;

[Subpara. (iii) amended by s. 13 of Act 8/98 w.e.f. 1 August 2000]

(iv) the dangerous goods which may not be transported; and

[Subpara. (iv) amended by s. 13 of Act 8/98 w.e.f. 1 August 2000]

(v) the training of persons performing any task in relation to the transportation of dangerous goods on
public roads;
[Subpara. (v) added by s. 13 of Act 8/98 w.e.f. 1 August 2000]

(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;

(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;

[Para. (r) substituted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(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;

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 (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;

[Para. (y) amended by s. 31(b) of Act 21/99 w.e.f. 1 August 2000]

(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

[Para. (z amended by s. 31(b) of Act 21/99 w.e.f. 1 August 2000]

(zA) any matter for which -

(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.

[Para. (zA) inserted by s. 31(b) of Act 21/99 w.e.f. 1 August 2000]

(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;

[Para. (zB) inserted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(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;

[Para. (zC) inserted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(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;

[Para. (zD) inserted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(zE) measures to limit speed; and

[Para. (zE) inserted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(zF) those vehicles which shall be classified as an "emergency medical response vehicle".

[Para. (zF) inserted by s. 20 of Act 64/2008]

[Subs. (1) amended by s. 31(a) of Act 21/99 w.e.f. 20 November 2010 w.e.f. 20 November 2010]

(1A) The Minister may, in consultation with the Cabinet member responsible for health, prescribe any drug or
category or class of such drugs having a narcotic effect and the concentration thereof for purposes of section
65(10) or (11).

[Proposed amendment: Subs. (1A) to be inserted by s. 7 (Sched., item 2(f)) of Act 7/2024 w.e.f. a date to be proclaimed]

(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;

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 (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.

(c) This subsection and subsection (1)(zA) expire one year after they come into force.

[Subs. (2A) inserted by s. 31 of Act 21/99 w.e.f. 1 August 2000]

(2B) A regulation made under subsection (1)(zF) shall be so made after consultation with the Minister of Health.

[Subs. (2B) inserted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

(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.

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 [Subs. (6) substituted by s. 20 of Act 64/2008 w.e.f. 20 November 2010]

76. Incorporation of standards by reference

76. Incorporation of standards, ECE regulations or model regulations by reference

[Proposed amendment: Heading of s. 76 to be substituted by s. 43 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(1) The Minister may by notice in the Gazette incorporate in the regulations any standard, ECE regulations or
model regulations without stating the text thereof, by mere reference to the number, title and year of issue of that
standard, ECE regulations or model regulations or to any particulars by which that standard, ECE regulations or
model regulations is sufficiently identified.

[Proposed amendment: Subs. (1) to be substituted by s. 43 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

(2) Any standard, ECE regulations or model regulations 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.

[Proposed amendment: Subs. (2) to be substituted by s. 43 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[Subs. (4) substituted by s. 21 of Act 64/2008 w.e.f. 20 November 2010]

(4) If any standard, ECE regulations or model regulations is at any time after the incorporation thereof in the
regulations amended or replaced, such standard, ECE regulations or model regulations shall remain in force until
such time that the Minister, by notice in the Gazette, re-incorporate the amended or replaced standard, ECE
regulations or model regulations.
[Proposed amendment: Subs. (4) to be substituted by s. 43 of Act 8/2024 w.e.f. a date to be proclaimed]

(5) In this section "standard" means any code of practice, compulsory specification, specification, standard or
standard method adopted by the SABS, as defined in section 1 of the Standards Act, 1993 (Act No. 29 of 1993).

CHAPTER XIV

REGISTERS AND RECORDS

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;

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 (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 chief executive officer;

[Para. (g) substituted by s. 32 of Act 21/99 w.e.f. 20 November 2010]

(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 Shareholders Committee, or any person or body designated by the Shareholders Committee, with
the prescribed information recorded in a register or record of such institution or person, and the chief executive officer
shall from the information so furnished compile or cause to be compiled such register as he or she may deem fit.

[Subs. (3) substituted by s. 32 of Act 21/99 w.e.f. 20 November 2010]

(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.

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, the MEC concerned, the Shareholders Committee or the
chief executive officer to demand such furnishing;

[Para. (b) substituted by s. 33(a) of Act 21/1999 w.e.f. 20 November 2010]

(c) any department of State;

(d) a competent authority in a prescribed territory;

[Para. (d) amended by s. 33(b) of Act 21/99 w.e.f. 1 August 2000]

(e) a local authority; and

[Para. (e) amended by s. 33(c) of Act 21/99 w.e.f. 1 August 2000]

(f) an inspectorate appointed under this Act:

[Para. (f) inserted by s. 33(d) of Act 21/99 w.e.f. 1 August 2000]

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-

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 (a) information that may be provided to any person; and

(b) the fees payable for the provision of such information.

[Subs. (5) added by s. 22 of Act 64/2008 w.e.f. 20 November 2010]

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.

[S. 79 substituted by s. 34 of Act 21/99 w.e.f. 20 November 2010]

CHAPTER XV

GENERAL PROVISIONS

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.

80. Parking for persons with disabilities

Any person with a disability who has been exempted from the laws relating to parking in accordance with the
prescribed requirements, 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.
[Proposed amendment: S. 80 to be substituted by s. 44 of Act 8/2024 w.e.f. a date to be proclaimed]

80A. Power of local authority to make by-laws

(1) Subject to the provisions of any law in relation to the procedure to be followed in the making, approval and
promulgation of any by-law by a local authority, any local authority may, with the con currence of the Premier
concerned, make by-laws 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 by-law
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
by-laws 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 by-law
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 off-loading of any vehicle on a public road;

(i) the rules as to priority of entry of certain motor vehicles into a main thoroughfare;

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 (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;

(n) any form or token which a local authority may deem expedient for the purposes of any by-law, 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 by-law 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 by-laws under this Act.

(2) The power to make by-laws 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 by-law 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 by-law 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 by-law 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.

[S. 80A inserted by s. 35 of Act 21/99 w.e.f. 1 August 2000]

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 insection 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 insection 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.

[S. 81 substituted by s. 23 of Act 64/2008 w.e.f. 20 November 2010]

81. Exemption of vehicle and load from provisions of Act

(1) A person or organisation desiring to—

(a) manufacture or import a vehicle which, due to such vehicle's original design, cannot comply with the
provisions of this Act; or

(b) operate on a public road a vehicle which, due to such vehicle's original design, cannot comply with the
provisions of this Act,

must apply to the Minister in the prescribed manner.

(2) If the Minister is satisfied that the application is in order he or she may grant the exemption in the prescribed
manner.
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 (3) A person or organisation desiring to obtain an exemption to—

(a) operate in a safe manner on a public road, a registered vehicle;

(b) convey in a safe manner on a public road, passengers or any load;

(c) operate on a public road a combination of motor vehicles; or

(d) test a vehicle which is not intended for registration in the Republic by a manufacturer, builder and
importer,

which does not comply with the provisions of this Act, shall apply in the prescribed manner to the MEC of the
province concerned.

(4) If the MEC of the province concerned is satisfied that the application as contemplated in subsection (3) is in
order and the applicant has paid the prescribed fees he or she may grant the exemption in the prescribed manner.

[Proposed amendment: S. 81 to be substituted by s. 45 of Act 8/2024 w.e.f. a date to be proclaimed]

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).

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.

[S.83 amended by s. 36 of Act 21/99 w.e.f. 20 November 2010]

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.

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.

85. Issue of document as proof of driving licence in special circumstances

(1) An application for the issue of a document as proof of a driving licence shall be made to the Minister or the
MEC and such application shall be accompanied by the full names and identity number of the applicant and the
appropriate fees, if any.

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 (2) If the Minister or the MEC is satisfied that the application in terms of subsection (1) is in order, the Minister or
the MEC, as the case may be, shall issue such document as prescribed.

[Proposed amendment: S. 85 to be substituted by s. 46 of Act 8/2024 w.e.f. a date to be proclaimed]

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.

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 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.

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.

89. Offences and penalties

(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 withsection 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.

[Subs. (2) substituted by s. 24 of Act 64/2008 w.e.f. 20 November 2010]

(3) Any person convicted of an offence in terms of subsection (1) read withsection 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.

[Subs. (3) substituted by s. 24 of Act 64/2008 w.e.f. 20 November 2010]

(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.

90. ……….

[S. 90 repealed by s. 37 of Act 21/99 w.e.f. 20 November 2010]

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.

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 subsections (2) and (3) shall be administered as prescribed.

[S. 92 amended by s. 38 of Act 21/99 w.e.f. 1 August 2000 and substituted by s. 25 of Act 64/2008 w.e.f. 20 November 2010]

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 the
third column thereof.

[Subs. (1) substituted by s. 26 of Act 64/2008 w.e.f. 20 November 2010]

(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

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 any provision of a law repealed by subsection (1) shall be deemed to have been made, issued, imposed, granted,
furnished, given or taken in terms of the corresponding provision of this Act (if any).

(3) ………..

[Subs. (3) repealed by s. 26 of Act 64/2008 w.e.f. 20 November 2010]

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';

(a) sections 3A to 3E, 5, 6, 8A, 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';

[Proposed amendment: Para. (a) to be substituted by s. 47 of Act 8/2024 w.e.f. a date to be proclaimed]

(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 'Share-holders Committee'
shall be regarded to be a reference to the 'MEC concerned';

(b) section 3, any reference to the 'Shareholders Committee', shall, in consultation with the relevant MEC, be
regarded to be a reference to the 'MEC concerned' and any reference to the 'Shareholders Committee' or the 'chief
executive officer' shall be regarded to be a reference to the 'MEC concerned';
[Proposed amendment: Para. (b) to be substituted by s. 47 of Act 8/2024 w.e.f. a date to be proclaimed]

(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.

[S. 93A inserted by s. 27 of Act 64/2008 w.e.f. 20 November 2010]

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.

[S. 93B inserted by s. 27 of Act 64/2008 w.e.f. 20 November 2010]

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.

SCHEDULE

No. and year of

Short title Extent of repeal
law
Act No. 9 of 1972 The National Road Safety Act, 1972 The whole
Act No. 29 of
The Road Traffic Act, 1989 The whole
1989
Act No. 71 of Schedule 3 in so far as it refers to the Road Traffic
The Businesses Act, 1991
1991 Act, 1989
Act No. 73 of
The Road Traffic Amendment Act, 1991 The whole
1991
Act No. 17 of
The Road Traffic Amendment Act, 1992 The whole
1992
Act No. 40 of The Road Traffic Second Amendment
The whole
1992 Act, 1992
Act No. 39 of
The Road Traffic Amendment Act, 1993 The whole
1993
Act No. 66 of The Road Traffic Second Amendment
The whole
1993 Act, 1993
Act No. 129 of The General Law Third Amendment Act,
Section 72
1993 1993
Act No. 16 of The Transport General Amendment Act,
Sections 12 to 26, inclusive
1995 1995

[Schedule amended by s. 39 of Act 21/99 w.e.f. 20 November 2010]

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