The Department of Transport wishes to announce that as of 1 February 2011, any person who obtains a driving licence for a heavy motor vehicle will no longer be allowed to drive a light motor vehicle.
Persons who obtain a code C, C1, EC or EC1 driving licence will not be allowed to drive a motor vehicle that requires a code B or code EB licence ( in old terms – a person with a code 10, 11, 13 or 14 licence cannot drive a vehicle for which you need a code 08 licence). This only applies to new licences issued as from 1 February 2011.
This provision does not affect those licences issued before this date (1 February 2011). Even when renewing their driving licences, current licence holders would still have the same authorisations that applied to their licences.
A general learner’s licence is also being considered to allow persons to apply for a second category of driving licence without having to undergo the entire process of acquiring another learner’s licence.
Holders of two categories of licences will not be required to carry two different licence cards. One licence card will be endorsed with the necessary authorisations that allow that person to drive the stipulated class of motor vehicle.
These and other changes to road traffic legislation were brought about as a result of the following amendments during November 2010:
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The National Road Traffic Regulations – Government Gazette 33796, Notice No. 1113 published on 25 November 2010.
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The National Road Traffic Amendment Act, 1999 (Act No 21 of 1999), - Proclamation 48 of 2000, published in Gazette 21425 of 31 July 2000, and Proclamation 61 of 2010, published in Gazette 33742 of November 2010 and effective 20 November 2010.
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The National Road Traffic Amendment Act, 2008 (Act No. 64 of 2008) – Proclamation 60 of 2010 published in Gazette 334742 of 10 November 2010 and effective 20 November 2010.
The implementation of these amendments has various implications, a few of which are listed below:
National Road Traffic Regulations
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New motor vehicles registered after 1 August 2010 must have number plates fitted with pop rivets or screws. If it cannot be fitted to the vehicle it must be fitted to a bracket that complies with SANS 973.
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Foreign driving licences are acceptable if obtained whilst not in South Africa for a period longer than three months. Foreign licences are valid in South Africa until it expires in the country of issue but not for longer than five years after the holder obtained permanent residence in South Africa.
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Directional Stability Control Devices for mini and midi-buses operating for reward are introduced through a certification process that forms part of the roadworthy test. It applies to all mini and midi-buses and not only newly manufactured vehicles.
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Left-hand drive steered vehicles: Legality is clarified – the owner of such a vehicle may, if the vehicle was licensed in his name before 23 July 2004, sell the vehicle and the new owner my licence it
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An amendment to regulation 332 was published that lists the evidential breath testers that may be used to collect evidential breath samples and the certificate issued by the manufacturer or supplier may be used as evidence in cases by the mere production thereof.
Amendment Act, 21 of 1999:
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The sections dealing with the old Road Traffic Act, 1989 (Act No 29 of 1989), will no longer be in force and all the sections of the National Road Traffic Act (NRTA), 1996 (Act No 93 of 1996) will apply.
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Municipal Police Officers are regarded as Traffic Officers – dual appointments are not required.
Amendment Act 64 of 2008:
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Learner and driving licence application and issue procedures amended.
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Offences created for actions relating to “cheating” on learner and driving licence testing.
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Offences added to section 35 on automatic suspension of driving licences – conviction on a speeding offence of driving faster than 30 km/h over the speed limit in an urban area and 40 km/h over the speed limit outside an urban area will result in the automatic suspension of a person’s driving licence.
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Roadworthy certificates issued in our neighbouring states are only accepted for vehicles registered in that state.
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Authorisation granted to exceed the speed limit and transgress road traffic signs in the execution of duties was added for drivers of medical and fire-fighting response vehicles and authorised persons.
Reference to civil protection vehicle drivers removed from section 58 and 60 relating to such authority.
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Accident reports:Forms to be prescribed for accident reporting and additional regulations to be published in this regard.
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Offences were created for consignors and consignees of goods vehicles – regulations to be added on these matters.
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The power of the Minister is extended to allow for various additional matters to be controlled by regulation – habitual over-loaders, rules for loading of vehicles, measures to limit speed, etc.
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The method of incorporating South African National Standards into the Road Traffic legislation is amended – amended specifications will have to be reincorporated in the legislation.
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The approval of the design of a vehicle that does not comply with the legislation must be obtained from the Minister of Transport and not the MECs.
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The power to determine fees for the purposes of this legislation is amended – MECs determine the fees for registration and licensing of vehicles and all other fees are determined by the Minister of Transport – general fees not published yet.
For full details of the amendments, the pertinent Acts and gazettes should be consulted.
Enquiries:
Sam Monareng
Cell: 083 326 1521
