National Road Safety Amendment Act 16 of 1980

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16 of 1980

National Road Safety Amendment Act, 1980 (No. 16 of 1980)

GENERAL EXPLANATORY NOTE:
[ ]  Words in bold type in square brackets indicate omissions from existing enactments. 
__ Words underlined with solid line indicate insertions in existing enactments.

Act

  • to amend the National Road Safety Act, 1972, so as to authorize the Minister of Transport Affairs to fix the amount of the levy on motor vehicles by notice In the Gazette; and
  • to provide for Incidental matters.

(Afrikaans text signed by the State President.) 
(Assented to 21 March 1980.) 

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Amendment of section 25 of Act 9 of 1972.

1. Section 25 of the National Road Safety Act, 1972, is hereby
amended by the substitution for subsections (1), (2), (3), (4) and (5) of the following subsections: 

"(1) A levy [of fifty cents] at a rate which the Minister may from time to time fix by notice in the Gazette shall be payable on every motor vehicle, as defined in section 1 of the [Motor Vehicle Insurance Act, 1942 (Act No. 29 of 1942)] Compulsory Motor Vehicle Insurance Act, 1972 (Act No. 56 of 1972)-

(a) which in terms of section [19 (1)] 2 (1) of the said Act may not be driven on a public road unless it has in terms of section [3 or 5] 12, 13 or 14 of the said Act been insured or has in terms of section [21] 29 thereof been exempted from the provisions of the said section [19 (1)] 2 (1), or which is referred to in section [19 (2) (b)] 2 (2) (b) of the said Act; or 

(b) which is referred to in section [19 (2) (a)] 2 (2) (a) of the said Act and is used on a public road or a place to which the public have access, excluding any motor vehicle of which another state or a government outside the Republic is the owner.

(2) The levy shall be payable by the owner of the motor vehicle in question as defined in section 1 of the [Motor Vehicle Insurance Act, 1942] Compulsory Motor Vehicle Insurance Act, 1972, and-

(a) in the case of a motor vehicle referred to in subsection (1) (a) of this section, in respect of every appropriate insurance period, as so defined, which commences after the commencement of this Act, or in respect of any portion of such period for which any such motor vehicle is insured under the said Act or is in terms of section [21] 29 of that Act exempted from the provisions of section [19 (1)] 2 (1) thereof; and

(b) in the case of· a motor vehicle referred to in subsection (1) (b), in respect of every period from 1 May in any year to 30 April in the following year, or any portion of such period, during which the motor vehicle is owned.

(3) For the purposes of the payment of the levy in the case of a motor vehicle referred to in subsection (1) (a), the amount of the premium payable in tenns of the [Motor Vehicle Insurance Act, 1942] Compulsory Motor Vehicle Insurance Act, 1972, for the insurance of a motor vehicle, shall be increased by [an] the amount [of fifty cents] fixed by the Minister under subsection (1), and the last-mentioned amount shall, subject to the provisions of subsection (6), for all purposes be deemed to be portion of that premium.

(4) For the purposes of the calculation of the levy in the case of insurance in accordance with [section 5] sections 13 and 14 of the [Motor Vehicle Insurance Act, 1942] Compulsory Motor Vehicle Insurance Act, 1972, the number of motor vehicles which the owner in question owns, shall be the number agreed upon between himself and the insurer in question.

(5) The [Minister] Secretary for Transport shall not issue to any person a token in terms of [subsection (2) of] section [21] 29 (3) of the [Motor Vehicle Insurance Act, 1942] Compulsory Motor Vehicle Insurance Act, 1972, unless such person has paid, in addition to the amount referred to in the said subsection, the levy to the [Minister] said Secretary.".

Short title and commencement.

2. This Act shall be called the National Road Safety Amendment Act, 1980, and shall come into operation on 1 May 1980.

Commencement

1 May 1980

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