Transport publishes amendments to National Road Traffic Regulations 2000

14 Nov 2014

The Department of Transport has published amendments to the National Road Traffic Regulations 2000 under the National Road Traffic Act, 1996 (Act No. 93 of 1996).

The amendments to the Regulations have been published in Government Gazette No. 38142, dated 31 August 2014 and can be obtained from the government printers.

Certain amendments to the Regulations are applicable with effect from the date of publication as determined by the Minister of Transport.  Some of them will be applicable on the date that would have been determined by the Minister and some have dates in the future.

A list of the proposed / effected amendments to the Regulations are indicated below in brief.  However a comprehensive explanation of the complete list of the amendments to the Regulations is also attached for further clarity.

  • Amendment of regulation 1 of the Regulations
  • Amendment of regulation 2 of the Regulations
  • Amendment of regulation 8 of the Regulations
  • Amendment of regulation 13 of the Regulations
  • Amendment of regulation 13A of the Regulations
  • Amendment of regulation 15 of the Regulations
  • Amendment of regulation 20 of the Regulations
  • Amendment of regulation 21 of the Regulations
  • Amendment of regulation 32A of the Regulations
  • Amendment of regulation 46 of the Regulations
  • Amendment of regulation 50A of the Regulations
  • Amendment of regulation 52 of the Regulations
  • Amendment of regulation 55 of the Regulations
  • Amendment of regulation 56 of the Regulations
  • Amendment of regulation 66 of the Regulations
  • Insertion of regulation 66A to 66C of the Regulations
  • Amendment of regulation 69 of the Regulations
  • Amendment of regulation 79 of the Regulations
  • Amendment of regulation 84 of the Regulations
  • Amendment of regulation 99 of the Regulations
  • Amendment of regulation 107 of the Regulations
  • Amendment of regulation 113 of the Regulations
  • Insertion of regulation 114G to 114Q in the Regulations
  • Amendment of regulation 117 of the Regulations
  • Amendment of regulation 149 of the Regulations
  • Amendment of regulation 159 of the Regulations
  • Amendment of regulation 169 of the Regulations
  • Insertion of regulation 272A to 272E in the Regulations
  • Insertion of regulation 305A to 305D in the Regulations

The Department also wishes to inform members of the public that in line with Amendment, with effect from 1 December 2016, new minibuses, midibuses, buses and goods vehicle first registered after 1 December 2016 will be required to be fitted with a speed governor, restricting the speed of such a motor vehicle to the speed limits as set out in the National Road Traffic Act.

What this implies is that a device that would be installed in the motor vehicle electronics system that will ensure that it does not exceed the prescribed speed limit for such motor vehicle. It is envisaged that all new vehicles will be manufactured and sold to the public already fitted with speed governors after 1 December 2016.

Speed governors will be utilised to restrict the speed of minibuses, midibuses, buses or goods vehicles the Gross Vehicle Mass (GVM) (correction) of which exceeds 3 500 kg.

It will be required that the when manufacturers of motor vehicles submit their models to be examined by the South African Bureau of Standards for complies with the South African standards they would already have been fitted with the speed governors, this means that there would not be retrofitting of the vehicles. 

This regulation is intended at for new vehicles manufactured after 1 December 2016, therefore the public will currently not be expected to fit the governors to those motor vehicles that were already introduced into the system. Therefore, dealerships is expected to advice buyer of motor vehicles to fit any speed governors, until such time that the Department communicate with the public on whether already registered and licensed motor vehicles must be fitted with govenors.

The intention of the regulations is to focus on new vehicles going forward, retro fitting of old vehicles will only be considered at a later stage if the need arises.

There is also a requirement that will require that children that are being transported in a motor vehicle to be buckled up with an appropriate child restraints. This requirement applies to children that cannot fit on the current seat belts that are fitted in motor vehicles. The requirement is only going to be applicable after six months from the date of publication of this regulation.

Other amendments relate to road safety interventions that are geared at ensuring that we improve safety on public roads.  Furthermore, there are those regulations that are intended to ensure that we are able to deal with overloading of motor vehicles wherein there are duties placed on consignors and consignees.

The department has attempted to ensure that in relation to those requirements that have financial implications it gives the general public time to comply with the requirements.

Enquiries:
Tiyani Rikhotso
Cell: 083 570 1275

Amendments to the National Road Traffic Regulations 2000: Under the National Road Traffic Act, 1996 (Act No. 93 Of 1996) in full detailed information

Amendment of regulation 1 of the Regulations

Regulation 1 of the regulations is amended by the insertion of the new definitions of consignor, consignee, block booking, weighbridge facility and weighbridge.

Amendment of regulation 2 of the Regulations

To introduce the new grade of an examiner of motor vehicles which is a grade “C” examiner, and such examiner must have a diploma referred to in section 3D (1) of the Act indicating that such examiner is qualified to examine and test a motor vehicle of any class, except for a motor vehicle where a code A1 and A driving licence is required, a goods vehicle or bus, the gross vehicle mass of which exceeds 3 500 kilograms, and such examiner holds a code EB driving licence for a manual transmission.

Amendment of regulation 8 of the Regulations

To substitute the abbreviation SABS with SANS because the custodians of this standards being the South African Bureau of Standards, now refers to the document as the South African National Standard (SANS).

Amendment of regulation 13 of the Regulations

To make a provision whereby a motor vehicle shall be recorded as “new” in the register of motor vehicles if it is being registered and is liable for licensing for the first time and it has been manufactured or imported by a manufacturer or importer that had been registered as such. Provided that if manufactured, it was manufactured in whole using new parts.

Further, if the motor vehicle is being registered and is liable for licensing for the first time in the Republic and it has been imported by an importer that is not required to be registered as such and was previously registered as “new” in the name of the importer in the country of origin or is being registered for the first time and if it was previously registered as “new” and licensed and no change of owner has occurred.

Amendment of regulation 13A of the Regulations

To prohibit a motor vehicle which was deregistered in terms of regulation 55 as permanently demolished, to be registered and its parts to be used to build or repair any motor vehicle.

Amendment of regulation 15 of the Regulations

To make a provision whereby a manufacturer or importer of motor vehicles who is an agent of a registering authority, shall, within 7 days from the date of liability of the manufactured or imported motor vehicle, introduce such motor vehicle manufactured or imported, as the case may be, by such manufacturer or importer, by recording the particulars in relation to the motor vehicle concerned and the title holder and owner of such motor vehicle, in the register of motor vehicles and such introduction shall be deemed to be registration of the vehicle, except where a vehicle is introduced onto the register of motor vehicles with a pre-homologated number.

Amendment of regulation 20 of the Regulations

To require every motor vehicle whether operated on the public road or not to be licenced except for all motor vehicles which are exempted from registration in terms of regulation 5 of the National Road Traffic Regulations, 2000.

Amendment of regulation 21 of the Regulations

By the deletion of paragraph (g) of regulation 21 which allows an owner of a motor vehicle issued with an exemption permit in terms of section 81 to make an application to the relevant MEC to declare such motor vehicle as specially classified in relation to motor vehicle licence fees.

Amendment of regulation 32A of the Regulations

To make a provision whereby a person or body of persons who is registered on the NaTIS or wishes to make use of the NaTIS services shall, after 12 months from the date of publication of this regulation in the Gazette, submit proof of his or her full names, date of birth, identity number and residential and postal address.

To provide further that the Minister may, determine different dates for compliance with provisions of the inserted new regulation 32A in respect of different categories of persons and extend any date as determined.

Amendment of regulation 46 of the Regulations

To make a requirement that, if there is a change of name, street or postal address, proxy, representative or acceptable identification of a registered manufacturer, builder or importer of motor vehicles, such manufacturer, builder or importer must, within 21 days after the date of such change, notify the chief executive officer and the inspectorate of manufacturers, builders and importers of such change.

To empower the inspectorate of MIB’s to suspend or cancel the registration of the manufacturer, builder or importer of motor vehicles, or the model numbers of models of motor vehicles manufactured, modified or imported by such MIB if the MIB failed to comply with the requirements of regulation 32A as mentioned above.

Amendment of regulation 50A of the Regulations

Make a provision whereby, if there is a change of name, physical or postal address, proxy or representative or acceptable identification of the registered manufacturer of number plates, such manufacturer shall within 21 days after such change; notify the MEC of the province concerned of such change.

Amendment of regulation 52 of the Regulations

To make provision whereby, if the postal or street address, proxy or representative of the title holder or owner of a motor vehicle which is registered in terms of these regulations, changes, such title holder or owner shall, within a period of 21 days after such change, notify the appropriate registering authority of such change on the prescribed form and submit proof, of such change.

Amendment of regulation 55 of the Regulations

To make a provision whereby, the title holder of a motor vehicle which is permanently demolished to, within a period of three months after the date on which such motor vehicle has become permanently unfit for use, notify the appropriate registering authority, on a prescribed form, that such motor vehicle is permanently unfit for use as a motor vehicle, and to notify the appropriate registering authority, that such motor vehicle has been permanently demolished.

To further compel the owner of the motor vehicle to submit an affidavit of demolition containing the details of the vehicle being deregistered as demolished, or to submit a certification of demolition containing the details of where the vehicle was demolished, the date when the vehicle was demolished and the name and address of the body that operates the demolition equipment.

Amendment of regulation 56 of the Regulations

To prohibit a person from operating on a public road a motor vehicle manufactured after 01 July 2012, unless such motor vehicle is fitted with a metal plate or a self-adhesive tamperproof metal or plastic label, where the vehicle identification number is clearly imprinted or stamped and such plate or plastic label shall be affixed in an accessible place on a door post, under the bonnet or on the frame of the vehicle concerned or in the case of a trailer, on the left side thereof in any conspicuous place, which shall not be removed, altered, obliterated or mutilated and which cannot be transferable from one vehicle to another.

Amendment of regulation 66 of the Regulations

To make a provision whereby, if a mass measuring certificate is required, same shall be obtained by the applicant at his or her own expense from a person in charge of a registered weighbridge facility

Insertion of regulation 66A to 66C of the Regulations

Regulations 66A to 66C are inserted after regulation 66 and they provide for the manner of application for registration as a weighbridge facility, manner of registration of a weighbridge facility and the manner of cancellation or suspension of a registered weighbridge facility.

Amendment of regulation 69 of the Regulations

To allow an examiner of motor vehicles to also test a motor vehicle issued with a motor trade plate for the purpose of certifying such motor vehicle as road worthy as opposed to the current provisions which prohibit that.

Amendment of regulation 79 of the Regulations

To compel the proxy or representative of the holder of a motor trade number if the postal or street address changed to notify the registering authority, within 21 days after such change.

Amendment of regulation 84 of the Regulations

To allow the operation on a public road of a motor vehicle which is to be registered and licenced in the Republic in terms of Chapter III of the Act, but has not been registered and licenced or is registered in terms of Chapter III of this Act but not licenced, or which may not otherwise be operated on a public road, with a temporary permit.

Amendment of regulation 99 of the Regulations

To categorise a haulage tractor under a class and code of driving licences because this is a new category of motor vehicle which came into being in the NRTA by the National Road Traffic Amendment Act, 2008 (Act No. 64 of 2008).

Amendment of regulation 107 of the Regulations

To make a provision when a person applies for a driving licence which authorises him or her to drive an articulated motor vehicle, or a combination of a motor vehicle and trailer, the practical test shall be conducted while the semi-trailer is attached to the truck-tractor, or the trailer is attached to the drawing vehicle, as the case may be: Provided that for the purpose of testing an applicant for a driving licence a haulage tractor may not be used to conduct the test.

Amendment of regulation 113 of the Regulations

To make a provision where a notice of a licence holder’s new residential or postal address in terms of section 22 of the Act shall be given on a prescriber form to the appropriate registering authority of the licence holder, and be accompanied by proof of such change.

Insertion of regulation 114G to 114Q in the Regulations

By inserting regulation 114G to 114Q which provides for the manner of application to be  regarded as a suitable person or body of persons to be able to apply for registration of a driving school, the consideration of suitability of a driving school and a person or body of persons to operate a driving school, the manner of application of an approved person or body of persons to register a driving school, the requirements to be met for registration of a driving school, the manner of registration of a driving school, notification of change of particulars of a driving school, manner of approval for the appointment of an instructor by a registered driving school, grades of driving schools, manner of suspension or cancellation of registration of a driving school, duties of a driving school owner, an act or omission of instructors, driving school owner or an employee employed at the driving school and powers and duties of inspectorate of driving schools.

Amendment of regulation 117 of the Regulations

To prohibit a person from applying for a professional driving permit if such person, make an application before a period of four years elapse from the date of the application, been convicted of an offence or has paid an admission of guilt fine.

Amendment of regulation 149 of the Regulations

To include a haulage tractor in the requirements of motor vehicle brakes as this is a newly introduced category of motor vehicle in our legislation.

Amendment of regulation 149A of the Regulations

To prohibit a person from operating on a public road a motor vehicle which, according to the registration thereof, was registered for the first time on or after 1 July 1990, and which is fitted with an anti-theft device which is connected to or is in anyway interfering with the braking system of such motor vehicle except where such anti-theft device complies with the requirements of UN ECE Regulation 116 “The protection of motor vehicles against unauthorised use” and which is homologated as such by the National Regulator for Compulsory Specifications.

Amendment of regulation 159 of the Regulations

To make a provision whereby a person is prohibited to operate on a public road a motor vehicle where the height of the dipped beam headlamp exceeds 1370 millimetres measured from the ground to the centre of the lamp.

Amendment of regulation 169 of the Regulations

To allow a motor vehicle to be fitted with stop lamps, which display a flashing light signal during emergency high de-acceleration braking that complies with the requirements of standard specification SANS 20013 Uniform provisions concerning the approval of vehicles of category M, N and O with regard to braking” or, SANS 20013H “Uniform provision concerning the approval of passenger cars with regard to braking”, and SANS 20048 “Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signaling devices”, and which is homologated as such by the National Regulator for Compulsory Specifications.

Insertion of regulation 272A to 272E in the Regulations

By inserting regulation 272A to 272E which amongst other things regulates the driving time of drivers of certain class of motor of motor vehicles, driving time limits, require the driver to record driving time, prescribe duties to be followed by an operator or owner in relation to the maintenance and preservation of records produced by a recording device in such a motor vehicle and extending the powers of the traffic officers in relation to driving time limits.

Insertion of regulation 305A to 305D in the Regulations

By inserting regulation 305A to 305D which prescribes circumstances under which a physically disabled person may be exempted from the provisions of parking, the application for exempting a disabled person regarding the provision relating to parking, manner of issuing an exemption certificate, and the validity period of the exemption.

Insertion of regulation 305A to 305D in the Regulations

By inserting regulation 330A to 330D which prohibit a person from offering and accepting goods on an overloaded vehicle, require a consignor of goods to have a method of determining the mass of the goods transported, to compel the driver or operator of a motor vehicle to carry a goods declaration in the motor vehicle and to require a consignor or Consignee to insure goods to be carried on a motor vehicle and the motor vehicle.

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