NATIONAL ROAD TRAFFIC ACT [Updated to 20 November 2010] Act 93 of 1996 (GoN

1892, G. 17603), Proc. R46, G. 21425, Act 8 of 1998 (GoN 480, G. 18801, c.i.o 1
August 2000) [Proc. R47, G. 21425], Proc. R39, G. 22544, Act 21 of 1999 (GoN
503, G. 19971, commencement of certain ss: 1 August 2000 [Proc. R48, G. 21425],
commencement of remaining ss: 20 November 2010 [Proc. 61, G. 33742]), Act 20 of
2003 (GoN 1403, G. 25541, c.i.o 7 October 2003 unless otherwise indicated ), Act
64 of 2008 (GoN 165, G. 31907, c.i.o 20 November 2010 [Proc. 60, G. 33742]).
[Commencement: 1 August 2000 unless otherwise indicated; ss 54 and 55: 1 August
2001 ] _____________________ General Note: Sections 3 and 28 were
substituted and sections 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3J, 3K, 3L, 28A,
28B, 28C, 51A, 51B and 80A inserted by the National Road Traffic Amendment Act 21
of 1999 with effect from 1 August 2000 (Proclamation R48 of 2000).
Although these sections were explicitly excluded from the general
commencement date of 1 A ugust 2000 of the principal Act (Proclamation
46 of 2000 as corrected by Government Notice R851 of 1 September 2000), it
would appear that the Department considers these sections as having come into
force on 1 August 2000. It is hereby notified that the P resident has
assented to the following Act which is hereby published for general
information. _________________ (English text signed by the President.)
(Assented to 12 November 1996.) __________________ ACT To provide for
road traffic matters which shall apply uniformly throughout the Republic
and for matters connected therewith. BE IT ENACTED by the Parliament of the
Republic of South Africa, as follows. ARRANGEMENT OF SECTIONS CHAPTER I
INTERPRETATION OF ACT SECTION

1. Definitions CHAPTER II APPLIC ATION 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 off icer
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 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 CHAPTER III REGISTRATION AND LICENSING OF
MOTOR VEHICLES A ND 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 6. Right of appeal to Ministe r 7.
Appointment of inspectorate of manufacturers, builders and importers 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 centres 10. Suspension or cancellation
of registration of driving licence testing centre 11. Appointment of
inspectorate of driving licence testing centres 12. Driver of motor vehicle to
be licensed 13. Licence to drive, either learner’s or driving licence

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

15. Disqualification from obtaining or holding learner’s or driving licence 16.
Failure to disclose disqualification in respect of licence authorising d riving of
motor vehicle prohibited 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 ceas ed 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 d eemed 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. Canc
ellation or amendment of endorsement on licence 28. Instructor to be registered
28A. Application for registration as instructor 28B. Registration and grading
of instructors 28C. Suspension and cancellation of registration of instructor
29. Voidness of lice nce issued contrary to Chapter 30. Use of somebody’s
learner’s or driving licence by another 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 dr iving licence may not be obtained 36. Procedure subsequent
to suspension or cancellation of licence or permit 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 inspectorate of testing stations 42. Certification of
roadworthiness required in respect of motor vehicle 42A. Roadworthy certificate
to be disp layed 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 chief
executive officer in respect of motor vehicles, drivers and activities of operators
51. Act or omission of manager, agent or employee of operator CHAPTER VI A
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 CHAPTER VIII DANGEROUS GOODS 54. Transp ortation of certain
dangerous goods prohibited 55. Appointment of dangerous goods inspector or
inspectorate CHAPTER IX 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 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 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 66. Unauthorised acts in relation to
vehicle 67. Furnishing false information prohibited 68. Unlawful acts i n
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 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 CHAPTER XIV REGIS TERS 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 person s 80A.

Power of local authority to make by - laws 81. Vehicle and load may be exempted
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. Apportionment of
fines 91. Delegation by Minister and MEC 92. Fees 93. Repeal of laws,
and savings 93A. Transitional provisions 93B. Transitional provision:
General 94. Short title and commencement Schedule 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; “articulated motor
vehicle” means a combination of motor vehicles consi sting 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; [“authorised officer” ins by s 1(a)
of Act 21 of 1999 wef 1 August 2000; subs by s 1(a) of Act 64 of 2008.]

“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; “b ridge” 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; [“builder” subs by s 1(a) of Act 8 of 1998 .]
“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 of “by - law”: Not in
force.] “certification of roadwo rthiness” , in relation to a motor
vehicle, means certification of roadworthiness in terms of section 42;
[“certification of roadworthiness” ins by s 1(b) of Act 8 of 1998.] “chief
executive officer” means the chief executive officer of the Corporation app
ointed in terms of section 15 of the Road Traffic Management Corporation Act, 1999
(Act 20 of 1999); [“chief executive officer” ins by s 1(b) of Act 21 of 1999 wef
20 November 2010; subs by s 1(b) of Act 64 of 2008.] “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 (Vi enna, 1968);
“Corporation” means the Road Traffic Management Corporation, established by
section 3 of the Road Traffic Management Corporation Act, 1999;
[“Corporation” ins by s 1(c) of Act 21 of 1999 wef 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
Standar ds 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 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
flock 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; “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; “examiner for driving licences” means an examiner for driving
licences appointed and registered in terms of sections 3A and 3C, respectively;
[“examiner for driving licences” subs by s 1(d) of Act 21 of 1999 wef 20 November
2010; commencement of “examiner for driving licences”: not in force.]
“examiner of vehicles” means an examiner of vehicles appointed and registered in
terms of sections 3A and 3C, respect ively; [“examiner of vehicles” subs by s
1(e) of Act 21 of 1999 wef 20 November 2010; commencement of “examiner of
vehicles”: not in force.] “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 determ ined 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 registerin g authority;
“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; [“haulage tractor” ins by s 1(c) of Act
64 of 2008.] “identity document” means an identity document as defined
in section 1 of the Identification Act, 1986 (Act 72 of 1986);
“importer” means any person who imports new or used motor vehicles into the
Republic; [“importer” subs by s 1(c) of Act 8 of 1998.] “inspector of
licences” means an inspector of licences appointed and registered in terms of
sections 3A and 3C, respectively; [“inspector of licences” subs by s 1(f) of Act
21 of 1999 wef 20 November 2010; commencement of “inspector of licences” : not in
force.] “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; [“instructor” subs by s 1(g) of Act 21 of
1999 wef 20 November 2010; commencement of “instructor”: not in force.]
“international driving permit” means an international driving permit issued in
terms of a Convention or recognised thereunder; “ke rb 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 209 of 1993);

“manufacturer” means a person who manufactures or assembles n ew motor

vehicles; [“manufacturer” subs by s 1(d) of Act 8 of 1998.] “manufacturer of
number plates” means a person who, for the purpose of selling number
plates, manufactures number plates; [“manufacturer of number plates” ins by s
1(e) of Act 8 of 1998. ] “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 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; [“MEC” subs by s 1(f) of Act 8 of 1998.]
“medical practitioner” means any person registered as such in terms of
the Med ical, Dental and Supplementary Health Service Professions Act, 1974
(Act 56 of 1974); “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; “motor cycle” means a motor vehic le 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 contr ols 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 a ny 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 sp ecially 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;
“number plate” means a prescribed plate on which the licence number of
a motor vehicle or motor trade number is displayed; [“number plate” ins by
s 1(g) of Act 8 of 1998.] “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, o r 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 under section 4, and “owned” or any like word has a corresponding
meaning; [“owner” subs by s 1(d) of Act 64 of 2008.] “park” means to keep a
vehicle, whether occupie d 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 suc h vehicle; “peace officer”
means a traffic officer and also a traffic warden appointed in terms of section 3A;
[“peace officer” subs by s 1(h) of Act 21 of 1999 wef 20 November 2010;
commencement of “peace officer”: not in force.]

“pedal cycle” means any bicycle or tricycle designed for propulsion solely
by means of human power; “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; “profe ssional driver” means the driver of a motor vehicle
referred to in section 32; [“professional driver” subs by s 1(h) of Act 8 of
1998.] “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;
[“province” subs by s 1(i) of Act 8 of 1998.] “public road” means any road,
street or thoroughfare or any other place (whether a thoroughfare or not) w hich
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 roa d, street or thoroughfare; and (c) any other work or object
forming part of or connected with or belonging to such road, street or
thoroughfare; “registering authority” means a registering authority
appointed as such in accordance with section 3; [“regis tering authority” subs
by s 1(i) of Act 21 of 1999 wef 20 November 2010; commencement of “registering
authority”: not in force.] “registration plate” means a prescribed plate
on which the registration number or motor trade number of a motor vehicle
is dis played; [“registration plate” rep by s 1(j) of Act 8 of 1998.]

“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 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; “res erve traffic officer” means a person who complies with
the requirements of section 3D and is registered as a traffic officer in
terms of section 3C or any person who is a peace officer in terms of
section 334 of the Criminal Procedure Act, 1977 (Act 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; [“reserve traffic officer” ins by s 1(e) of Act 64 of 2008.]
“reserve traffic warden” me ans 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 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; [“reserve traffic warden” ins by s 1(e) of
Act 64 of 2008.] “road traffic ordinance” means the Road Traffic
Ordinance, 1966 (Ordinance 21 of 1966), of the former Transvaal, Natal, the
Orange Free S tate 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 betwe en 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 m otor 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 Comm
ittee” means the Shareholders Committee established by section 6 of the
Road Traffic Management Corporation Act, 1999; [“Shareholders Committee” ins by s
1(j) of Act 21 of 1999 wef 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 B ureau of Standards referred to in section
2(1) of the Standards Act, 1993 (Act 29 of 1993); “stop” means the bringing
to a standstill of a vehicle by the driver thereof; “tare” , in relation to a
motor vehicle, means the mass of such vehicle ready to trav el 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; “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; [ “tractor” subs by s 1(f) of Act 64
of 2008.] “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 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;
[“traffic officer” subs by s 1(k) of Act 21 of 1999 wef 20 November 2010;
commencement of “traffic officer”: not in force.] “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 51 of 1977), and has been appointed as a traffic warden by the chief
executive officer, the MEC or anoth er competent authority to appoint a traffic
warden, as the case may be; [“traffic warden” ins by s 1(g) of Act 64 of 2008.]
“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 9 of 1989); “truck - tractor” means a motor
ve hicle designed or adapted — (a) for drawing other vehicles; and (b)
not to carry any load other than that imposed by a semi - trailer or by ballast,
but does not include a tractor or a haulage tractor; [“truck - tractor” subs by s
1(h) of Act 64 of 2008.] “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 ve hicle 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. 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 29 of 1989), did not apply be fore 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 notic
e 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 t hereof 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
r egistering 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 repea led 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 impose d
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
b usiness groups by the Road Traffic Management Corporation Act, 1999. [S 3 subs
by s 2 of Act 21 of 1999 wef 1 August 2000; commencement of s 3: not in force.]
3A. Appointment of officers (1) For the purposes of this Act —

(a) the chief executive officer may, upon such conditions as he or she may
determine, appoint as many persons as — (i) inspectors of licences; (ii)
examiners of vehicles; (iii) examiners for driving licences; (iv)
traffic officers; and (v) traffic wardens, as he or she may deem expe
dient; (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 (v) traffic
wardens, as he or she may deem expedient; (c) a local authority which
is a registering authority may, upon the conditions set by the chief
executive officer, appoint for its area as many persons as — (i) inspectors
of licences; (ii) exa miners of vehicles; and (iii) examiners for
driving licences, as it may deem expedient;

(d) any local authority or two or more local authorities may

jointly appoint for its area or for their areas jointly, as the case
may be, upon the conditions set by the chief executive officer, as many
persons as traffic officers or reserve traffic officers as may be reasonably
necessary, and such officers shall function within such area or areas; (e)
any local authority may appoint persons as traffic wardens or as reserve
traffic wardens to exercise or perform within its area such powers and duties of
a traffic officer as the MEC may determine: Provided that the MEC may — (i)
make different determinations in respect of different categories of traffic
wardens; and ( ii) either generally or specifically, impose
conditions with regard to the exercise or performance of such powers
and duties; and (f) any person or institution determined by the chief
executive officer by notice in the Gazette , may, on the conditions and for
the areas determined in the notice, appoint any person as an examiner of
vehicles or as an examiner for driving licences. (2) Notwithstanding
anything to the contrary contained in this Act or any other law, the
chief executive officer may, in consulta tion 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 of ficer.
(3) (a) No person shall be appointed under subsection (1) as an
authorised officer unless he or she has been graded and registered in the
prescribed manner. (b) Any person who is not so graded and registered
may be appointed once on probation as an authorised officer for a period
not exceeding 12 months or for such further period as the MEC may approve. (c)
It must be a condition of appointment that the person appointed on probation must
during such probation period comply with the competency and registration
requirements prescribed for the specific category of appointment. (d) A
person appointed under paragraph (b) may not use an authorised officer’s
infrastructure number to certify a vehicle tested by such person. [S 3A(3) subs
by s 2(a) of Act 64 of 2008.] (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 appoi nting 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 po cket of his or her uniform in such a manner
that it is completely visible and easily legible. [S 3A ins by s 2 of Act 21
of 1999 wef 1 August 2000; commencement of s 3A: to be proclaimed; s 3A(7) ins by
s 2(b) of Act 64 of 2008.] 3B. Application for regis tration as inspector of
licences, examiner of vehicles, examiner for driving licences or traffic officer
(1) Any person desiring to be registered as — (a) an inspector of licences;
(b) an examiner of vehicles; (c) an examiner for driving licences; or (
d) a traffic officer, shall apply in the prescribed manner to the chief
executive officer. (2) An application referred to in subsection (1) shall be
accompanied by the prescribed fees. [S 3B ins by s 2 of Act 21 of 1999 wef 1
August 2000; commencement of s 3B: not in force.] 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 ap plication 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 pe rson 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 vehicl es; or (b) an inspector of licences, an
examiner for driving licences or a traffic officer if he or she, or
through his or her spouse or partner has or acquires a direct or indirect financial
or other related interest in any driving school or in the train ing or instruction
of or supervision of learner drivers: Provided that the chief executive
officer may register a person in terms of subsection (1)
notwithstanding the provisions of this subsection. (3) Any act by a
person in the execution of his or her powers or in the performance of
his or her duties whilst he or she was incompetent by reason of the provisions
of subsection (2), shall not be invalid for such reason only. (4) Any person
registered as a traffic officer for a province in terms of subsecti on (1), shall
be deemed to be registered for any other province. [S 3C ins by s 2 of Act 21 of
1999 wef 1 August 2000; commencement of s 3C: not in force.] 3D. Minimum
requirements for registration as inspector of licences, examiner of vehicles,
examiner for driving licences and traffic officer (1) The minimum
requirements for registration as an inspector of licences, an examiner of
vehicles, an examiner for driving licences or a traffic officer, as the case may
be, shall be that the applicant — (a) has obtained an appropriate diploma
at a training centre approved by the Shareholders Committee; (b) is a
fit and proper person to be registered as such; and (c) in the case of a
traffic officer, has undergone training in relation to the laws
applicable to t he 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 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 108 of 1996), as an inspector of licences, an examiner of
vehicles, an examiner for driving licences or a traffic officer, as the
case may be, shall be deemed to have complied with the provisions of this
subsection.

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

case of an examiner of vehicles, indicate the classes of motor vehicles
he or she is qualified to inspect, examine and test; or (b) in the case
of an examiner for driving licences, indicate the codes of learner’s licences and
driving licences for which a person may be examined and tested by such examiner.
(3) The chief executive officer shall grade an examiner of ve hicles or an
examiner for driving licences as prescribed. [S 3D ins by s 2 of Act 21 of 1999
wef 1 August 2000; commencement of s 3D: not in force.] 3E. Suspension and
cancellation of registration of officer (1) The inspectorate of driving
licence testing centres or the inspectorate of testing stations, respectively,
may for the period that it deems fit and in the manner prescribed, suspend or
cancel the registration of an examiner for driving licences, or an examiner of
vehicles, if — (a) in the op inion 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 at
tended an appropriate refresher course within the prescribed time at a
training centre approved by the Shareholders Committee; or (d) in the opinion
of the inspectorate concerned, the performance record of such person indicates
that he or she is incompete nt to exercise or perform the powers or
duties of an officer of the category in which he or she is registered.
(2) The chief executive officer may for the period that he or she deems fit and
in the manner prescribed, suspend or cancel the registration of a traffic officer
or inspector of licences if any of the circumstances referred to in subsection (1)
(a) to (d) exist. (3) The registration of a person referred to in subsection
(1) or (2) may only be suspended or cancelled after such person has had the
op portunity 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 a ffected 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 o fficer, who
shall keep such document for the period of suspension, or cancel such document,
as the case may be. [S 3E ins by s 2 of Act 21 of 1999 wef 1 August 2000;
commencement of s 3E: not in force.] 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 ch arge 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
appro priately 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 i s 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 ins tructing 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 hersel f 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 ha ve 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 cha rge 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 i dentification, as well as
such information as is within his or her power to furnish and which may lead to
the identification of the owner, operator or driver of the vehicle concerned;
(j) require any person to furnish him or her with any information as
is within the power of such person to furnish and which may lead to
the identification of the driver, owner, operator or person in charge of a
vehicle at any time or during any period; or (k) at any reasonable time,
having regard to the circumstances of the case, without prior notice,
and in the exercise of any power or the performance of any duty which he or she is
in terms of this Act or any other law authorised or required to exercise or
perform, enter any premises on which he or she has reason to believe that any
vehicle is kept. [S 3F ins by s 2 of Act 21 of 1999 wef 1 August 2000;
commencement of s 3F: not in force.] 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 t he case of a motor vehicle,
he or she is licensed to drive a motor vehicle of the class concerned.
[S 3G ins by s 2 of Act 21 of 1999 wef 1 August 2000; commencement of s 3G: not in
force.]

3H. Powers and duties of examiner for driving licences (1) An ex aminer
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 appl icant applies to obtain a
driving licence or of the class prescribed. [S 3H ins by s 2 of Act 21 of 1999
wef 1 August 2000; commencement of s 3H: not in force.] 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 dr iver 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 conf erred 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 vehicl e, 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 15 of 1973), the reduction and handling of the mass
shall be undertaken in terms of t hat 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 i n 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 cha rge 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;
(g) regulate and control traffic upon any public road, and give such directions
as m ay, 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 fl ow 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 iden
tification 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 su ch 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 hav e 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 v ehicle which
relates to the motor vehicle, where it is found that the engine or chassis
number of the motor vehicle differs from the engine or chassis number
as specified on the document, and direct that the motor vehicle be
taken, forthwith, to any police station specified by the traffic officer for
police clearance, and may after such clearance has been obtained, return the
impounded document to any person who is entitled thereto, or notify the
owner of the motor vehicle concerned that the vehicle must be re - registered, as
the case may be; and (p) require from the owner, operator or driver of
a motor vehicle registered or deemed to be registered in any prescribed
territory, police clearance in respect of the motor vehicle before
allowing the motor vehicle to be taken across the borders of the
Republic: Provided that the chief executive officer may exempt any owner,
operator or driver in the prescribed manner from having to provide such police
clearance. [S 3I ins by s 2 of Act 21 of 1999 wef 1 August 2000; commencement
of s 3I: not in force.] 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 te rms of section 334 of the Criminal Procedure Act, 1977 (Act 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 perform ance 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 su ggest 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 dema nded 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
forth with 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 shal l 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 imp rint 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 ins by s 2 of Act 21 of 1999 wef 1 August 2000;
commencement of s 3J: n ot in force.] 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. [S 3K(1) subs by s 3(a) of Act 64
of 2008.] (2) No person shall connive with or induce or at tempt 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. [S 3K(3) ins by s 3(b) of Act 64 of 2008.]

(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. [S 3K ins by s 2 of Act 21 of 1999 wef 1 August 2000; commencement of s
3K: to be proclaimed; s 3K(4) ins by s 3(b) of Act 64 of 2008.] 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 centr e no longer complies with the requirements
referred to in subsection (1) revoke the approval referred to in that subsection.
[S 3L ins by s 2 of Act 21 of 1999 wef 1 August 2000; commencement of s 3L: not in
force.] CHAPTER III REGISTRATION AND LICENSING OF MOTOR VEHICLES AND
REGISTRATION OF MANUFACTURERS, BUILDERS, IMPORTERS AND MANUFACTURERS OF NUMBER
PLATES [Chapter heading subs by s 2 of Act 8 of 1998.] 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 veh icle is registered and
licensed in accordance with this Act. [S 4 subs by s 3 of Act 21 of 1999 wef 1
August 2000; s 4(3) ins by s 4 of Act 64 of 2008.] 5. Registration of
manufacturers, builders, importers and manufacturers of number plates (1) The
prescribed manufacturers, builders or importers, and every manufacturer of
number plates shall apply in the prescribed manner to the chief executive
officer for registration as a manufacturer, builder, importer or manufacturer of
number plates. [S 5(1) am by s 4(a) of Act 21 of 1999 wef 20 November 2010.]
(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. [S 5(2)
am by s 4(b) of Act 21 of 1999 wef 20 November 2010.]

(3) The chief executive officer may, in the prescribed manner, alter
the conditions referred to in subsection (2). [S 5(3) am by s 4(b) of Act 21
of 1999 wef 20 November 2010.] (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, b uilder, importer or
manufacturer of number plates. [S 5(4) am by s 4(b) of Act 21 of 1999 wef 20
November 2010.] (5) The manufacturers, builders or importers referred to in
subsection (1) shall, in the prescribed manner, register every motor vehicle manuf
actured, built or imported by him or her, before he or she distributes or sells
such vehicle. (6) Manufacturers, builders and importers shall not
manufacture, build, modify, import, sell or distribute motor vehicles except
in accordance with the prescribe d conditions. (7) A manufacturer of number
plates shall not manufacture, sell or distribute number plates unless he or she is
registered as a manufacturer of number plates. [S 5 subs by s 3 of Act 8 of 1998;
s 5(7) ins by s 5(c) of Act 21 of 1999 wef 1 Au gust 2000.] 6. Right of
appeal to Minister (1) Any person who is aggrieved at the refusal of
the chief executive officer to register him or her as a manufacturer,
builder, importer or manufacturer of number plates, or at the suspension or
cancellation of his or her registration as a manufacturer, builder, importer or
manufacturer of number plates, or at the conditions on which he or she is so
registered may, within 21 days after such refusal, suspension or cancellation, or
notification of the conditions o n 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. [S 6(1) subs by s 4 of Act 8
of 1998; s 6(1) am by s 5(a) and (b) of Act 21 of 1999 wef 20 November 2010.]
(2) After receipt of the copy of the appeal referred to in subsection
(1), the chief executive officer shall forthwith furnish the Shareholders
Committee with h is or her reasons for the refusal, suspension,
cancellation or conditions to which such appeal refers. [S 6(2) am by s 5(a) and
(b) of Act 21 of 1999 wef 20 November 2010.] (3) The Shareholders Committee
may after considering the appeal give such decision as it may deem fit. [S 6(3)
am by s 5(b) and (c) of Act 21 of 1999 wef 20 November 2010.] 7. Appointment
of inspectorate of manufacturers, builders and importers

(1) The Minister may appoint a person, an authority or a body as

an inspectorate of manufac turers, builders and importers. (2) The powers
and duties of the inspectorate contemplated in subsection (1) in relation to the
registration and inspection of manufacturers, builders and importers shall be as
prescribed. (3) The Minister may, in order to defray the expenditure
incurred by or on behalf of that inspectorate for the purposes of performing its
functions, prescribe fees to be paid in respect of inspections carried out by it
in terms of this Act. 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 subs by s 6 of Act 21
of 1999 wef 20 November 2010.] 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 testin
g centres for the registration of such a testing centre. [S 8A(1) subs by s
5(a) of Act 64 of 2008.] (2) A driving licence testing centre may, on
the prescribed conditions, be registered and graded to test applicants for
learners’ licences only. (3) No d epartment 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. [S 8A ins by
s 6 of Act 21 of 1999 wef 20 November 2010; s 8A(3) ins by s 5(b) of Ac t 64 of
2008.] 9. Registration and grading of driving licence testing centres On
receipt of an application referred to in section 8A the inspectorate of driving
licence testing centres shall, if satisfied that, in relation to the
driving licence testing centre concerned, the prescribed requirements for
the registration of such a testing centre have been met, register and
grade such testing centre in the prescribed manner, and give notice of such
registration in the Gazette . [S 9 subs by s 7 of Act 21 of 1 999 wef 20
November 2010.] 10. Suspension or cancellation of registration of driving
licence testing centre

The inspectorate of driving licence testing centres may, if a registered

driving licence testing centre no longer complies with the requirements referred
to in section 9, suspend the registration of that testing centre for such period
as it deems fit, or regrade or cancel it, in the prescribed manner. [S 10 subs by
s 8 of Act 21 of 1999 wef 20 November 2010.] 11. Appointment of inspectorate
of dri ving licence testing centres (1) The Minister shall, after a decision
has been taken by the Shareholders Committee, appoint a person, an authority or a
body as an inspectorate of driving licence testing centres. (2) The powers
and duties of the inspector ate 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 appo inted under subsection (1). [S 11 subs by s 9 of Act 21 of 1999
wef 20 November 2010; s 11(4) ins by s 6 of Act 64 of 2008.] 12. Driver of
motor vehicle to be licensed No person shall drive a motor vehicle on a public
road — (a) except under the authorit y 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 he r 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; (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 (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 defi nition 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, wher e 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 vehi cle, 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 ex tent
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 18
of 1973); (iv) any condition causing muscular incoordination; (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 rela tes without endangering the safety of the public:
Provided that deafness shall not of itself be deemed to be such a defect;

(g) if he or she is addicted to the use of any drug having a narcotic effect
or the excessive use of intoxicating liquor; or (h) i n 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, de clare 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 b e subject to section 25(9). [S 15(2) am
by s 10 of Act 21 of 1999 wef 20 November 2010.] 16. Failure to disclose
disqualification in respect of licence authorising driving of motor
vehicle prohibited (1) No person shall, when applying for a learner’s
or driving licence, wilfully fail to disclose any disqualification to which
he or she is subject in terms of section 15. (2) Any person who — (a)
is the holder of a licence authorising the driving of a motor vehicle in terms of
this Chapter; and (b) becomes aware thereof that he or she is disqualified
from holding such licence, shall, within a period of 21 days after
having so become aware of the disqualification, submit the licence or,
in the case where it is contained in an identity document, that documen
t to the chief executive officer. [S 16(2) am by s 11(a) of Act 21 of 1999
wef 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
prescribed territor y 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 . [S 16(3) am by s 11(b) of Act 21 of 1999 wef
20 November 2010.] 17. Application for and issue of learner’s licence (1)
Subject to section 24, a person desiring to obtain a learner’s licence shall in
person apply therefor in the prescribed manner to an appropriately graded driving
licence testing centre. (2) Upon receipt of an application in terms of
subsection (1), the driving licence testing centre concerned shall, if it is
satisfied from the information furnished or from such further information
as s uch 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 pr escribed. [S 17(2) subs by s 7(a) of Act
64 of 2008.] (3) If the driving licence testing centre is satisfied
that the applicant, after being evaluated in the prescribed manner, has
sufficient knowledge of the matters prescribed in respect of the class
of vehicle concerned, and is not disqualified in terms of section 15 from
obtaining a learner’s licence, the driving licence testing centre shall issue a
learner’s licence in the prescribed manner to such applicant in respect of the
appropriate class of motor vehicle, and the driving licence testing centre shall
— (a) in the case where the applicant is found to be competent to drive with
the aid of spectacles or contact lenses, an artificial limb or other physical aid,
endorse the licence accordingly; and (b) in the case where the applicant
is a physically disabled person who has to drive a vehicle adapted for
physically disabled persons, or a vehicle adapted specifically for that
physically disabled applicant, endorse the licence accordingly. [S 17(3) subs by
s 7(a) of Act 64 of 2008.] (4) No person shall wilfully or negligently issue
or authorise the issue of a learner’s licence contrary to the provisions of this
Chapter. (5) Any applicant for a learner’s licence who makes use of any
unauthorised aid during a test for a learner’s licence shall be guilty of an
offence and upon conviction shall be liable, in addition to any other sentence
which the court may impose, to be disqualified from reapplying for a learner’s
licence for a period not exceeding 12 months from the date of conviction. [S
17(5) ins by s 7(b) of Act 64 of 2008.] (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 lear ner’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). [S
17(6) ins by s 7(b) of Act 64 of 2008.] 18. Application for and issue of
driving lice nce (1) Subject to section 24, the holder of a learner’s licence
who desires to obtain a driving licence shall apply in the prescribed manner to an
appropriately graded driving licence testing centre for a licence to drive a motor
vehicle of a class the driving of which is authorised by his or her learner’s
licence. (2) Upon receipt of an application in terms of subsection (1), the
driving licence testing centre concerned shall, if it is satisfied from the
information furnished in the application or from such further information as
such centre may reasonably request, that the applicant is not disqualified from
obtaining a driving licence, determine a day on and time at which the
applicant shall present himself or herself to be examined by an examiner
for driving licences in the manner and in respect of the matters as
prescribed, and for such purpose the applicant shall supply a motor vehicle of the
class to which his or her application relates. (3) An examiner for
driving licences shall test an applicant for a driving licence in the
manner and in respect of the matters as prescribed. (4) If an examiner
for driving licences has satisfied himself or herself in terms of
subsection (3) that an applicant for a driving licence is competent, to
drive a motor veh icle 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 t hat class of motor vehicle, and the
examiner or the said authorised person shall — [Words preceding s 18(4)(a) subs
by s 8(a) of Act 64 of 2008.] (a) in the case where the applicant has
in terms of subsection (2) provided a motor vehicle equipped with an a
utomatic 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) iss ue a driving licence; (b) authorise the issue of a driving

licence; or (c) endorse or fail to endorse a driving licence, contrary to
this section. (5A) Any applicant for a driving licence who makes use of any
unauthorised aid during a test for a driving licence shall be guilty of an
offence and upon conviction shall be liable, in addition to any other
sentence which the court may impose, to be disqualifie d from re -
applying for a driving licence for a period not exceeding 12 months from the
date of conviction. [S 18(5A) ins by s 8(b) of Act 64 of 2008.] (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). [S 18(5B) ins by s 8(b) of
Act 64 of 2008.] (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 iss ued 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; [S 18(6)(iii) subs by s 8(c) of
Act 64 of 2008.] (iv) a full - time student at a foreign academic
institution; or [S 18(6)(iv) subs by s 8(c) of Act 64 of 2008.] (v) a
spouse of a person referred to in subparagraphs (ii) and (iii), [S 18(6)(v) ins
by s 8(c) of Act 64 of 2008.]

the date determined in that notice shall, upon proo f submitted by any such
person of the date of his or her discharge from such facility or, release from
such institution or his or her return to the Republic, be deemed to be a
date six months after the date of such discharge, release or return.
[S 18(6) su bs by s 12 of Act 21 of 1999 wef 1 August 2000, s 1(a) of Act 20 of
2003 wef 30 April 2003.] (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 unt il 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) e xtend any date
determined in terms of subparagraph (i). [S 18(7) ins by s 1(b) of Act 20 of
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. (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 subsec tion (3) and who requires a driving licence must apply anew for the
issue of a licence in terms of section 18. [S 19(3) subs by s 13 of Act 21 of
1999 wef 1 August 2000; s 19 subs by s 2 of Act 20 of 2003.] 20. Special
provisions in relation to driving li cences 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 Ordi nance (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 conditio ns as may apply to the latter licence. (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 in section 15(1)(f), authorise and issue
a driving licence in the manner prescribed in section 18(4) to the
applicant and, if applicable, endo rse such driving licence in accordance with
section 18(4). [S 20(3) subs by s 9 of Act 64 of 2008.] 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 subs by
s 10 of Act 64 of 2008, s 14 of Act 21 of 1999 wef 20 November 2010.] 22.
Holder of licence to drive motor vehicle shall give notice of change of place o f
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 regi stering 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 (b) an international driving permit which was issued
while the holder thereof was not permanently or ordinarily resident in the
Republic, shall, in r espect 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 drivi ng 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 subs ection (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. 24. Department of State may issue learner’s or driving
licence to person in its employment o nly (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 licenc e
authorising driving of motor vehicle [Section heading am by s 15 of Act 21 of
1999 wef 20 November 2010.] (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 i n terms of section 15 from holding it, the chief
executive officer shall cancel such licence; or (b) of a licence
referred to in paragraph (a) would constitute a source of danger to the
public by driving a motor vehicle on a public road, the chief executive officer
may cancel or suspend such licence. (2) For the purposes of subsection
(1) the chief executive officer may request the holder of the licence
concerned to submit himself or herself within such period as the chief
executive officer may det ermine — (a) to an examination and a test
by one or more examiners for driving licences nominated by the chief
executive officer, to determine his or her competency to drive a motor vehicle of
the class to which his or her licence relates, and for the purp ose 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
h is 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 vehi cle 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 vehicl e; 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 d rive 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 b e 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 tha t purpose the provisions of
section 18(4) shall apply with the necessary changes. (4) If any person,
after having been examined and tested in terms of subsection (2)(a), is found not
to be competent to drive a motor vehicle of the class provided by him or her,
the chief executive officer shall forthwith cancel the licence concerned. (5)
If any person fails to comply with a request in terms of subsection (2), the chief
executive officer may forthwith suspend or cancel, as the case may be, the licence
conce rned 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 chi ef
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 contain ed 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 driv ing licences,
the chief executive officer or the inspector of licences, as the case may be,
shall record particulars of the cancellation or suspension in that register;
(ii) and particulars thereof are not contained in the register for
driving licences, t he chief executive officer or the inspector of
licences, as the case may be, shall notify the authority which issued the
licence of the cancellation or suspension,

and where the licence has been suspended the chief executive
officer or the inspector of li cences, 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 licenc es,
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 o fficer 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 unlicense d, 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 driv ing a motor vehicle on a public road, the chief
executive officer may inform such person that such licence is of no force within
the Republic, and as from the date on which such person is so informed
the licence shall cease to be in force within the Republ ic. [S 25 am
by s 15 of Act 21 of 1999 wef 20 November 2010.] 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 lap se after the expiry of a period of 5 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 i n 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 prescrib ed
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, 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.
[S 27(1) am by s 16(a) of Act 21 of 1999 wef 20 November 2010.] (2) (a)
An application under subsection (1) shall be accompanied by — (i) the licence
concerne d 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 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). [S 27(2)(b) am by s 16(b) of Act 21 of 1999 wef 20
November 2010.] (3) Upon receipt of an application under subsection (1) the
chief executive officer may, for the purpose of the consideration thereof —
(a) require the applicant to submit such further statement or document; or
(b) take such other steps, as the chief executive officer may deem expedient.
[S 27(3) am by s 16(c) of Act 21 of 1999 wef 20 November 2010.] (4) If an
application under subsection (1) —

(a) is refused by the chief executive officer, he or she shall

notify the applicant accordingly and return the licence or identity document
concerned to him or her; or (b) is granted by the chief executive officer,
he or she shall — (i) cancel the licence and issue or authorise the
issue of a new licence in the prescribed manner without endorsement or
reflecting the amended endorsement, as the case may be; and (ii)
notify the authority which issued the licence acco rdingly. [S 27(4)(b)(ii) subs
by s 11 of Act 64 of 2008; s 27(4) am by s 16(c) of Act 21 of 1999 wef 20 November
2010.] 28. Instructor to be registered (1) No person shall act as
instructor in accordance with the laws of any province unless he or she is —
(a) registered in terms of the laws of that province to act as an
instructor and has passed the prescribed examination; (b) of good
character; (c) mentally and physically fit to act as an instructor, and was
medically examined to ascertain such fitness. (2) A person referred to in
subsection (1) shall only be registered as an instructor in respect of a class of
motor vehicle which he or she is licensed to drive. [S 28 subs by s 17 of Act 21
of 1999 wef 1 August 2000.] 28A. Application for regis tration as instructor
Any person desiring to be registered as an instructor shall in the prescribed
manner apply to the chief executive officer. [S 28A ins by s 17 of Act 21 of
1999 wef 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

(c) is mentally and physically fit to act as instructor, and was medically
examined to ascertain such fitness. (2) A person referred to in subsection
(1) shall only be registered as instructor in respect of a class of motor vehicle
which he or she is licensed to drive. (3) The chief executive officer shall,
if satisfied that an applicant referred to in section 28A complies with
subsections (1) and (2), register and grade such applicant in the prescribed
manner. [S 28B ins by s 17 of Act 21 of 1999 wef 1 August 2000.] 28C.
Suspension and cancellation of registration of instructor The chief executive
officer may, f or 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 per formance 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 ins by s 17 of
Act 21 of 1999 wef 1 August 2000.] 29. Voidness of lice nce issued contrary
to Chapter A learner’s or driving licence issued contrary to this Chapter,
shall be void, and upon the request of the inspectorate of driving licence
testing centres, the authority which issued such licence or a traffic
officer, as the case may be, the holder of such licence shall forthwith submit it
or, in the case where it is contained in an identity document, that
document, to the inspectorate of driving licence testing centres, the
authority which issued it or the traffic officer, a s the case may be,
who shall cancel the licence in the prescribed manner: Provided that the
traffic officer may only cancel the licence with the prior approval of the
inspectorate of driving licence testing centres. [S 29 subs by s 18 of Act 21 of
1999 wef 20 November 2010.] 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. 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 w ith this Chapter to
drive the vehicle. 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 h er in the vehicle: [Words preceding the proviso subs by s 5(a) of Act 8
of 1998.] 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 profes sional driver in respect of that class of vehicle.
(2) The — (a) categories of; (b) nature and extent of the authority
granted by; (c) period of validity of; (d) form and content of; (e)
application for and issue of; (f) suspension and cancellation of; (g)
incorporation in any other document of; and (h) other necessary or expedient
matters in relation to, professional driving permits, shall be as prescribed.
(3) (a) Any document issued by a competent authority in any prescribed
territory and serv ing in that territory a purpose similar to that of a
professional driving permit shall, subject to the conditions thereof and to
such conditions as may be prescribed, be deemed to be a professional
driving permit for the purposes of subsection (1).

(b) A public driving permit issued in terms of the Road Traffic Act, 1989
(Act 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 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. [S 32(3)(b) subs by s 5(b) of Act 8 of 1998.] 33. Production of
licence and permit to court (1) If any person is charged with any offence in
terms of this Act relating to the driving of a motor vehicle or a failure to
stop after or report an accident, he or she shall produce every licence
and permit of which he or she is the holder, or a duplicate thereof
issued in terms of this Act if he or she is not in possession of the
original, to the court at the time of the hearing of the charge. (2) For the
purposes of this section and sections 34 to 36, inclusive — “licence” means a
learner’s or driving licence; and “permit” means a professional driving
permit. (3) No person referred to in subsection (1) shall, without
reasonable excuse, refuse or fail to produce in terms of that subsection the
licence and permit or duplicate so ref erred 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 o ffence 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 suspe nded 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 l icence 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. 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 subse ction (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
convictio n 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 a rea or on a freeway was recorded; [S
35(1)(aA) ins by s 12(a) of Act 64 of 2008.] (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 10 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 perio ds 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 t he 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. [S 35(3) subs
by s 12(b) of Act 64 of 2008.] (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 chan ges 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
suspend ed 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 permi t, 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. 38. Application for registration of
testing station

Any person, department of State or registering authority desiring to

operate a testing station shall apply in the prescribed manner to the
inspectorate of testing stations for the registration of such testing
station. [S 38 subs by s 19 of Act 21 of 1999 wef 20 November 2010.] 39.
Registration and grading of testing station If, upon receipt of an
application referred to in section 38, the inspectorate of testing
stations is satisfied that the prescribed requirements for registration of
the testing station concerned have been met, it shall register and grade
such testing stati on on the conditions and in the manner prescribed,
and shall give notice of such registration in the Gazette . [S 39 subs by s 20
of Act 21 of 1999 wef 20 November 2010.] 40. Suspension or cancellation of
registration of testing station The inspectorate o f testing stations may,
if a registered testing station no longer complies with the requirements
contemplated in section 39, suspend, for such period as it may deem fit,
or cancel the registration of such testing station or regrade the testing
station in t he prescribed manner. [S 40 subs by s 21 of Act 21 of 1999 wef 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
roadwort hiness 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. [S
41 subs by s 22 of Act 21 of 1999 wef 20 November 2010; s 41(4) ins by s 13 of Act
64 of 2008.] 42. Certification of roadworthiness required in respect of motor
vehicle

(1) No person shall operate a motor vehicle w hich 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 a re 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 certi ficates; and (e) any other aspect regarding
certification of roadworthiness and roadworthy certificates which the Minister may
deem necessary or expedient, shall be as prescribed. (5) Any document
issued by a competent authority in a prescribed territory relating to
any vehicle registered in such prescribed territory and serving a similar
purpose to that of certification of roadworthiness or a roadworthy
certificate shall, in accordance with the conditions thereof but subject to this
Act, be rega rded 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. [S 42 subs by s 6 of Act 8
of 1998; s 42(5) subs by s 1 4 of Act 64 of 2008.] 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 ins by s 7
of Act 8 of 1998.]

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 subs by s 8 of Act 8 of 1998.]
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 un der 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. Registr ation 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) Notwit hstanding
the provisions of paragraph (a), a person who is not a manager, employee or agent
of the owner of a motor vehicle refer - red to in that paragraph and
who enters into a written agreement providing that such motor vehicle
may be operated by such per son for any period, shall for the purposes of
section 49(c), (d), (e), (f) and (g) be deemed to be the operator thereof for that
period. (2) The registering authority concerned shall in such
circumstances as the chief executive officer may determine, subm it the
particulars of the operator to the chief executive officer within seven days after
registration of such operator. [S 45(2) am by s 23 of Act 21 of 1999 wef 20
November 2010.] (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. [S 45(4) am by s 23 of Act 21 of 1999 wef 20 November 2010.]
(5) If the chief executive officer is not satisfied that the opera tor 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). [S 45(5) am by s 23 of Act
21 of 1999 wef 20 November 2010.] (6) The Minister may by regulation
exempt any operat or or category of operators from any provision of this
Act. [S 45 subs by s 9 of Act 8 of 1998.] 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 p rescribed 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 validit
y, 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, su bject 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 wou ld 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 i s so informed, such card shall
cease to be in force within the Republic. [S 46 am by s 24 of Act 21 of 1999 wef
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 impr int 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 Th e 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; [S 49(a) subs by s 10 of Act 8 of 1998.] (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 be en 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 provisio ns regarding — (i)
the requirements in respect of the professional driving permit referred
to in section 32; and (ii) the loading of such vehicle as prescribed by
or under this Act; (d) ensure that such motor vehicle complies with the
fitness requirements contemplated in Chapter V; (e) conduct his or her
operations with due care to the safety of the public; (f) if dangerous
goods or substances are conveyed, ensure that all requirements
for the conveyance of such goods or substances, as prescr ibed 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 load ing 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 mo tor 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 vehicl e,
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 drive r 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 opera tor is required to keep in terms of
this Act; and

(d) direct that the driver concerned be retested in terms of section 25.
(3) The chief executive officer may, if the record of an operator
indicates that such operator does not comply with the provisions of this
Act, by written notice — (a) direct such operator to carry out his or her
duties in terms of section 49 properly; (b) appoint a person whom he or she
deems fit, to investigate the activities or specific activities of such operator
and direct the p erson 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 d etermine
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 — (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 d ays 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
obj ection, 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 app
ointed 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 am by s 11 of Act 8
of 1998; subs by s 25 of Act 21 of 1999 wef 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 wit hin 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 mana ger, 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 respe ct 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 sta tion, respectively; or (d) at the suspension or cancellation of
any such registration, may within 21 days after such refusal, suspension,
cancellation or decision, in writing lodge an appeal with the Shareholders
Committee against such refusal, suspensio n, 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 ins by s 26 of Act 21 of 1999 wef 1 August 1999 .] 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 certifi cation 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 iss ue 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
sta tion. (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 h er 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 o f 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) whe re 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, cancella tion or decision in terms of
the laws of any province. [Chapter VI A ins by s 26 of Act 21 of 1999 wef 1
August 1999; s 51B ins by s 26 of Act 21 of 1999 wef 1 August 1999.] 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 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 Republi c; (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 subs by s 27 of Act 21 of 1999 wef 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 by section 52; or (b) authorise any person employed by the
Corporation to carry out any duty assigned to him or her by section 52. (2)
Any person to whom any power has been so delegated or who has been so
authorised to carry out any duty shall exercise that power or carry out
that duty subject to directions of the chief executive officer, and the
chief ex ecutive 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 subs by s 28 of Act 21 of 1999 wef 20 November 2010.]
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 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 a t its
disposal before that authority or body is so appointed. (2) The powers and
duties of the inspector or inspectorate contemplated in subsection (1)(a) in
relation to the transportation of prescribed dangerous goods shall be as
prescribed. (3) The Min ister 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 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 o r 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 t o
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. [S 57(1A) ins by s 29 of Act 21 of 1999 wef 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 pe rmit 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 r oad 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 pers on 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 condit ions 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 r oad 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 s uch 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 an y such association or club
may thereupon, in the prescribed manner, display a badge or other token of the
association or club in conjunction with any such road traffic sign.

(7) Transnet Limited, or a person in its employment who has either

generally or s pecifically 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 su ch person may deem expedient. (8)
Notwithstanding the provisions of subsections (3) and (7), the MEC
concerned may direct that any road traffic sign be displayed or removed by a
local authority on or along any public road in the area of jurisdiction of su ch
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 per son authorised thereto by him or her may cause such sign to be
displayed or removed, as the case may be, and the MEC shall recover the cost of
such display or removal from the local authority concerned or from
Transnet Limited, as the case may be. (9) Any road traffic sign
displayed in terms of a repealed ordinance or the Road Traffic Act, 1989 (Act 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 o bject 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 o r 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) Su bject 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 c omply
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 provisio ns.

(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 appoint ed in terms of the South
African Police Service Act, 1995 (Act 68 of 1995), who drives a vehicle in the
carrying out of his or her duties or any person issued with the necessary
authorisation and driving a vehicle, may disregard the directions of a
road tr affic 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 p rescribed, 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.
[S 58(3) subs by s 15(a) of Act 64 of 2008.] 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 approp riate 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 sh all 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 h igher than
the general speed limit prescribed in terms of subsection (1)(b) or (c):
Provided that the speed limit so prescribed shall not replace a lower
speed limit indicated in terms of subsection (2) by an appropriate road traffic
sign. [S 59(3) subs by s 30 of Act 21 of 1999 wef 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 t erms 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
N otwithstanding the provisions of section 59, the driver of a fire -
fighting vehicle, a fire - fighting response vehicle, a rescue vehicle, an
emergency medical response vehicle or an ambulance who drives such
vehicle in the carrying out of his or her duties, a traffic officer or
a person appointed in terms of the South African Police Service Act,
1995 (Act 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 vehicl e, 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, an d 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 subs by s 16 of Act 64 of 2008.] 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) immediat ely 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 reg ister 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
injurie s 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
i nformation as is referred to in paragraph (e); and (g) not, except on the
instructions of or when administered by a medical practitioner in the case of
injury or shock, take any intoxicating liquor or drug having a narcotic effect
unless he or she has com plied 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. [S 61(1) subs by s 17 of Act 64 of
2008.] (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 o f 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 su bsection (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 per son 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 ha d 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 reques t,
be produced to a traffic officer. 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 drivin g (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 sh all be deemed to drive that
vehicle recklessly. (3) In considering whether subsection (1) has been
contravened, the court shall have regard to all the circumstances of the
case, including, but without derogating from the generality of subsection
(1) or (2 ), the nature, condition and use of the public road upon which the
contravention is alleged to have been committed, the amount of traffic which at
the relevant time was or which could reasonably have been expected to be upon that
road, and the speed at and manner in which the vehicle was driven. 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

(1) No person shall on a public road — (a) drive a vehicle; or

(b) occupy the driver’s seat of a motor vehicle the engine of which is running,
while under the influence of intoxicating liquor or a drug having a narcotic
effect. (2) No person shall on a public road — (a) drive a vehicle; or
(b) occupy the driver’s seat of a motor vehicle the engine of which is running,
while the concentration of alcohol in any specimen of blood taken from any part of
his or her body is not less than 0,05 gram per 100 millilitres, or in the case of
a professional driver referred to in section 32, not less than 0,02 gram per 100
millilitres. (3) If, in any prosecution for an alleged contravention of a
provision of subsection (2), it is proved that the concentration of alcohol in
any specimen of blood taken from any part of the body of the person
concerned was not less than 0,05 gram per 100 millil itres 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 th e 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.
(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
professio nal driver referred to in section 32, not less than 0,10 milligrams per
1000 millilitres. (6) If, in any prosecution for a contravention of a
provision of subsection (5), it is proved that the concentration of
alcohol in any specimen of breath of the pers on 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 co ntrary, that such concentration was not less than 0,
10 milligrams per 1 000 millilitres at the time of the alleged
contravention. (7) For the purposes of subsection (5) the
concentration of alcohol in any breath specimen shall be ascertained by
using the prescribed equipment. (8) Any person detained for an alleged
contravention of any provision of this section shall not — (a) during his or
her detention consume any substance that contains alcohol of any nature, except on
the instruction of or when admini stered by a medical practitioner; (b)
during his or her detention smoke until the specimen referred to in
subsection (3) or (6) has been taken, as the case may be. (9) No person
shall refuse that a specimen of blood, or a specimen of breath, be taken of him or
her. 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 charg e 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 fal se information prohibited Without
derogating from any other provision of this Act, no person shall — (a) in
connection with any application under this Act; or (b) in connection with the
furnishing of any information which, to his or her knowledge, is to be or may be
used for any purpose in terms of this Act, make a declaration or furnish
information which to his or her knowledge is false or in any material
respect misleading. 68. Unlawful acts in relation to number plates,
registration number, registrat ion mark or certain documents [Scetion
heading subs by s 18(a) of Act 64 of 2008.] (1) No person shall use,
display or manufacture any number plate which does not comply with the
prescribed specifications. [S 68(1) subs by s 12(a) of Act 8 of 1998.] (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 [S 68(2)( a) subs by s 12(b) of Act 8 of
1998.] (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 und er this
Act. [S 68(3) subs by s 18(b) of Act 64 of 2008.] (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 o r 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 s imilar 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 —
[Wor ds preceding s 68(5)(a) subs by s 12(c) of Act 8 of 1998.] (a) such
number, mark or document was — (i) falsified or counterfeited; or (ii)
replaced, altered, defaced or mutilated with intent to deceive; or (b)
whatever was added to such number, mark or document was added thereto
with intent to deceive. (6) No person shall — (a) with intent to
deceive, falsify, replace, alter, deface, mutilate, add anything to or
remove anything from or in any other way tamper with the engine or chassis number
of a motor vehicle; or (b) without lawful cause be in possession of a
motor vehicle of which the engine or chassis number has been falsified, replaced,
altered, defaced, mutilated, or to which anything has been added, or from which
anything has been removed, or has been tampered with in any other way.

(7) Where in a prosecution for a contravention of any provision of

subsection (6) it is proved that a person was found in possession of a motor
vehicle, the engine or chassis number of which has been falsified, replac ed,
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 committ ed 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 evid ence 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.
Presu mption 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 stati ng 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 i n 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 d riven
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 subse ctions (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 cont emplated 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 reg
arded to have committed the act or omission personally in the absence of evidence
indicating — (a) that he or she did not connive at or permit such act or
omission; (b) that he or she took all reasonable measures to prevent such act
or omission; and (c) that such act or omission did not fall within the scope
of the authority of or in the course of the employment of such manager, agent or
employee,

and be liable to be convicted and sentenced in respect thereof. (2) In

the circumstances contemplated in su bsection (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 ins by s 19 of Act 64 of 2008.]
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 fr om 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 ins by s 19 of Act 64 of 2008.]
CHAPTER XIII REGULATIONS 75. Power of Minister to make regul ations (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 reg arding 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 o r 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; [S 75(1)(b) subs by s 20(a) of Act 64 of 2008.] (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 emiss ion of exhaust gas, smoke,
fuel, oil, visible vapours, sparks, ash or grit from any vehicle operated
on a public road; (f) excessive noise owing to the design or condition of any
vehicle or the loading thereof, or to the design, condition or misuse of a
silencer, or of a hooter, bell or other warning device, when any such vehicle is
operated on a public road; (g) the particulars to be marked on any vehicle;
(h) dangerous goods — (i) the classification of dangerous goods; (ii)
the powers and duties of t raffic officers in respect of the
transportation of dangerous goods; (iii) the manner in and conditions on
which specified dangerous goods may be transported; [S 75(1)(h)(iii) am by s
13(a) of Act 8 of 1998.] (iv) the dangerous goods which may not be tr
ansported; and [S 75(1)(h)(iv) am by s 13(b) of Act 8 of 1998.] (v) the
training of persons performing any task in relation to the transportation of
dangerous goods on public roads; [S 75(1)(h)(v) ins by s 13(c) of Act 8 of
1998.] (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 us e 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 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 roa d; (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 b e 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 a ny 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
brid ge 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 o f 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; [S
75(1)(r) subs by s 20(b) of Act 64 of 2008.] (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 t raffic sign or
may be confused with any such sign; (v) the method of determining any fact
which is required for the purposes of this Act; (w) any form, process or
token which the Minister may deem expedient for the purposes of this Act and the
nature and extent of any information to be furnished for the purpose of any such
form; (x) the issue of any duplicate certificate, licence or other
documentation or token issued in terms of this Act if the original has been
lost, destroyed or defaced or any particu lars 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; [S 75(1)(y) am
by s 31 (b)(i) of Act 21 of 1999 wef 1 August 1999.] (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; [S 75(1)(z) am by s 3 1(b)(ii) of Act 21 of 1999 wef 1 August 1999.]
(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; [S 75(1)(zA) ins by s 31(b)(iii) of
Act 21 of 1999 wef 1 August 1999.] (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; [S 75(1)(zB) ins by s
20(c) of Act 64 of 2008.] (zC) the criteria in terms of which a person
is classified as an habitual overloader, the offences to which such
classification applies, the criter ia for rehabilitation, if necessary and the
sanctions for classification as an habitual overloader; [S 75(1)(zC) ins by s
20(c) of Act 64 of 2008.]

(zD) the equipment to be used for law enforcement purposes, the

certification of such equipment and require ments in respect of records obtained
from the equipment; [S 75(1)(zD) ins by s 20(c) of Act 64 of 2008.] (zE)
measures to limit speed; and [S 75(1)(zE) ins by s 20(c) of Act 64 of 2008.]
(zF) those vehicles which shall be classified as an “emergency medi cal response
vehicle”. [S 75(1) am by s 31(a) of Act 21 of 1999 wef 20 November 2010; s 75(1)
(zF) ins by s 20(c) of Act 64 of 2008.] (2) Regulations made by the Minister
under subsection (1) regarding — (a) specific categories — (i) of road
transport undertakings; (ii) of industries or trades or occupations
concerned with road transport; (iii) of persons by whom any undertaking or
occupation referred to in subparagraphs (i) and (ii) is carried on or exercised;
or (iv) of operators of vehicles concer ned 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. [S 75(2A) ins by s 31(c) of
Act 21 of 1999 wef 1 August 1999.] (2B) A regulation made under
subsection (1)(zF) shall be so made after consult ation with the Minister
of Health. [S 75(2B) ins by s 20(d) of Act 64 of 2008.] (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 pu rpose 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 Repu blic 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, exc eed 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 t he 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. [S 75(6) subs by s 20(e) of Act 64 of 2008.] 76.
Incorporation of standards by reference (1) The Minister may by notice in the
Gazette incorporate in the regulations any standard witho ut stating the text
thereof, by mere reference to the number, title and year of issue of
that standard or to any particulars by which that standard is sufficiently
identified. (2) Any standard incorporated in the regulations under subsection
(1) shall for the purposes of this Act, in so far as it is not inconsistent with
it, be deemed to be a regulation. (3) A notice under subsection (1)
shall come into operation on a date specified in the notice, but not
before the expiry of 30 days after the date of publication of the notice. (4)
If any standard incorporated in the regulations is amended or replaced, such
standard shall remain in force until such time that the Minister by notice in the
Gazette re - incorporate the amended or replaced standard. [S 76(4) subs by
s 21 of Act 64 of 2008.] (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 29 of 1993). CH APTER 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 au thority;
 (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; [S 77(1)(g) subs by s 32(a) of Act 21 of 1999
wef 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 ins titution 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. [S 77(3) subs by s 32(b) of Act 21 of 1999 wef 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 doc ument 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 o f 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 c ontained 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; [S 78(2)(b)
subs by s 33(a) of Act 21 of 1999 wef 20 November 2010.] (c) any department
of State;

(d) a competent authority in a prescribed territory; [S 78( 2)(d) am by s

33(b) of Act 21 of 1999 wef 1 August 1999.] (e) a local authority; and [S
78(2)(e) am by s 33(c) of Act 21 of 1999 wef 1 August 1999.] (f) an
inspectorate appointed under this Act: [S 78(2)(f) ins by s 33(d) of Act 21 of
1999 wef 1 August 1 999.] 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 b e furnished to him or her.
(5) Subject to the Promotion of Access to Information Act, 2000 (Act 2 of 2000),
the Minister may for the purposes of this Act, determine — (a) information
that may be provided to any person; and (b) the fees payable for the pr
ovision of such information. [S 78(5) ins by s 22 of Act 64 of 2008.] 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 subs by s 34 of Act 21 of 1999 wef 20
November 2010.] CHAPTER XV GENERAL PROVISIONS 80. Parkin g 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. 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 concurrence
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 provision s of the
Business Act, 1991 (Act 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 71 of 1
991), 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 s pecific 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 on ly 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;

(j) the use of a hooter, bell or other warning device and t he

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 purpos es 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 a ct
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 u pon 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 unde r 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 dif ferent 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 ins by s 35 of Act 21 of 1999 wef
1 August 1999.] 81. Vehicle and load may be exempted from provisions of Act

(1) The Minister may, after the applicant has paid the fees or
charges referred to in section 7(3) and subject to such conditions as
he or she may determine, authorise in writing, either generally or
specifically, the operation on a public road of a v ehicle which, due to
such vehicle’s original design cannot comply with this Act. (2) The MEC may,
after the applicant has paid the fees or charges referred to in section 7(3) and
subject to such conditions as he or she may determine, authorise in writing,
either generally or specifically, the conveyance in a safe manner on a
public road of passengers or any load otherwise than in accordance with
this Act. (3) An MEC shall determine the fees or charges payable for a
vehicle or load that does not comply wit h this Act. [S 81 subs by s 23 of Act
64 of 2008.] 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 th e
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 obstr uct 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 am by s 36 of Act 21 of 1999 wef 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 presc ribed 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 he r
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 certi fying 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 respec t 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 Hom e Affairs or any person
authorised to act on his or her behalf shall issue such document in
the prescribed manner. 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 doc ument 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 la st 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 regis tration 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 b ound 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
conditio ns 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 guilt y of an offence.
(2) Any person convicted of an offence in terms of subsection (1) read with
section 3K(1) or (2), 42(1) or (2), 44(1), 45(2), 46(1), 49 or 65(1), (2),
(5) or (9) shall be liable to a fine or to imprisonment for a period
not exceeding six years. [S 89(2) subs by s 24(a) of Act 64 of 2008.] (3)
Any person convicted of an offence in terms of subsection (1) read with
section 3A(3), 17(4), 17(5), 18(5), 59(4), 61(2), 66(3) or 68(1), (2), (3), (4)
or (6) shall be liable to a fine or to imprison ment for a period not exceeding
three years. [S 89(3) subs by s 24(b) of Act 64 of 2008.] (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 anim al 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 faile d 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 —

(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 imprisonm ent 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
rep by s 37 of Act 21 of 1999 wef 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 delegati
on 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 ti me 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 v ehicles 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 am by s 38 of
Act 21 of 1999 wef 1 August 1999; subs b y s 25 of Act 64 of 2008.] 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. [S 93(1) subs by s 26(a) of Act 64 of 2008.] (2)
Any pr oclamation, regulation, by - law, notice, order, prohibition,
authorisation, appointment, permission, information or document made,
issued, imposed, granted, furnished or given and any other action taken
in terms of any provision of a law repealed by subsect ion (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) ... [S 93(3) rep by s 26(b) of Act 64 of 2008.] 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 statio ns shall be regarded to be a
reference to the ‘MEC concerned’;

(b) section 3(1) and (2), any reference to the ‘Shareholders Committee
shall, in consultation with the relevant MEC shall be regarded to be a
reference to the ‘MEC concerned’ and any reference to the ‘Share - holders
Committee shall be regarded to be a reference to the ‘MEC concerned; (c)
section 59, any reference to the ‘Shareholder’s Committee’ shall be regarded to be
a reference to the ‘MECs’; (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 functionar y in a section
of the Act shall be regulated as stated in the relevant section. [S 93A
ins by s 27 of Act 64 of 2008.] 93B. Transitional provision: General Any
approval, appointment, grading, permission, authority, order, prohibition,
information or docu ment 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 ins by s 27 of Act 64 of 2008. ] 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
motor vehicle; (b) kinds or classes of motor vehicles used in the
transportation of pe rsons 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 law Short title Extent of repeal Act 9
of 1972 The National Road Safety Act, 1972 The whole Act 29 of 1989
The Road Traffic Act, 1989 The whole Act 71 of 1991 The Businesses Act,
1991 Schedule 3 in so far as it refers to the Road Traffic Act, 1989 Act
73 of 1991 The Road Traffic Amendment Act, 1991 The whole Act 17 of
1992 The Road Traffic Amendment Act, 1992 The whole Act 40 of 1992
The Road Traffic Second Amendment Act, 1992 The whole Act 39 of 1993
The Road Traffic Amendment Act, 1993 The whole Act 66 of 1993 The Road
Traffic Second Amendment Act, 1993 The whole Act 129 of 1993 The
General Law Third Amendment Act,1933 Section 72 Act 16 of 1995
The Transport General Amendment Act, 1995 Sections 12 to 26, inclusive
[Sch am by s 39 of Act 21 of 1999 wef 20 November 2010.]