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National Road Traffic Act, 1996 University of Johannesburg Alta Swanepoel B R I D G I N G T H E G A P B E T W EE N T H E O R Y A N D P R A C T I C E.

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Presentation on theme: "National Road Traffic Act, 1996 University of Johannesburg Alta Swanepoel B R I D G I N G T H E G A P B E T W EE N T H E O R Y A N D P R A C T I C E."— Presentation transcript:

1 National Road Traffic Act, 1996 University of Johannesburg Alta Swanepoel B R I D G I N G T H E G A P B E T W EE N T H E O R Y A N D P R A C T I C E

2 Contact details Workshops 27 May 2014 – Stellenbosch 29 May 2014 – Durban 10 June Pretoria

3 Training material National Road Traffic Act, 1996 and AARTO Act, 1998 Legislation in Road Transport – general info and occupational and safety legislation Student guide Assignment – May 2014

4 Amendments to legislation Continuously amended Provisions as contained for examination Many amendments in the pipeline – Driving hours – Consignor/consignee – Provisional driving licences

5 Purpose Content of course NRTA Occupational safety Short summary on other acts Open book exam INTRODUCTION

6 Legislation National – Parliament Provincial – Provinces EXEC By-laws – municipal OTHER Acts  NLTA-National land transport  AARTO- Administrative adjudication  CBRT – cross-border

7 TRAINING MANUAL Mix of Act and regulations Sections of act and relevant regulations grouped together Divided by topic, not by numbers “Prescribed”

8 AMENDMENT ACTS References to Road Traffic Management Corporation – Not introduced yet Reincorporated provincial legislation – Sections with A,B, C, etc. e.g 3B Provincial Acts contain -Fees -Number plate legislation -General matters

9 Definitions

10 Very important Gives meaning to specific words Alphabetical order Definitions in section 1 of act and regulation 1 of regulations Check before questions are answered

11 NRTA PROVISIONS Owner – person who use and enjoy motor vehicle Title holder – person who gives permission to sell vehicle Section 73 of NRTA creates a presumption: – Owner drove/parked vehicle, if driver unknown – Corporate body = owner, presumed director or servant drove vehicle as duty or to further interest of company

12 Proxy legislation The legislation relates to owners/operators of motor vehicles There is no definition of a “proxy” or a “representative” in the legislation The provisions of the different acts allocate duties an liability to owners, operators, directors or servants of companies The responsibility to allocate duties and the management of liability remains with the owner or directors of a company – the legislation stipulates the duties but not the manner in which it must be managed

13 Motor vehicle Motor vehicle: – Vehicle that is self-propelled – Includes trailer – Excludes Mechanical wheel chair under 230 kg Pedestrian controlled vehicle

14 14 ARTICULATED MOTOR VEHICLE Combination of motor vehicles consisting of a truck-tractor and a semi- trailer All definitions need to be checked to determine the exact meaning of definition

15 15 TRACTOR Tractor is a motor vehicle that is designed to draw other vehicles and not to carry any load

16 16 TRUCK-TRACTOR Truck-tractor is a motor vehicle designed to draw other vehicles, not to carry any load except that imposed by a semi-trailer or ballast

17 17 GOODS VEHICLE A vehicle that is designed or adapted to carry goods Goods means any moveable property Excludes a motor car, minibus, bus, motorcycle, tricycle, quadrucycle Includes a truck tractor, adapter and converter dolly, breakdown

18 A semi-trailer is a trailer with no front axle and so designed that at least 15% of its load is superimposed on the vehicle drawing it

19 BUS Bus: Designed Or adapted to carry more than 16 people including driver

20 MIDIBUS Vehicle designed or adapted to carry 17 to 34 persons All references to a bus includes a midibus NLTTA related

21 MINIBUS Minibus: Designed or adapted to carry more than 9 not more than 16 people

22 MOTOR CAR Motor car: Designed or adapted to carry up to 9 people

23 PUBLIC ROAD Any road, street or thoroughfare where the public or part of the public have common use or right of access, Includes culverts and bridges Whole road reserve is part of the public road Distinguish from “roadway”

24 OPERATE ON A PUBLIC ROAD Operate includes permit to operate Have a vehicle on a public road Permit to have a vehicle on a public road If owner gave permission he can be prosecuted as well

25 Definitions Acceptable identification Modify Appropriate registering authority Traffic officer Number plate

26 Powers of officers

27 Registration and licensing Sec 4 and reg 3 to 90 Reg 3 to 17 – Registration Reg 18 to 34 – licensing Reg 35 and 36 – number plates and discs Reg 69 – motor trade numbers Reg 84 – temporary permits

28 Registration and licensing Title holder - registers Owner – licenses Definitions Owner responsible for traffic fines Proxy must be appointed if owner is body of persons Micro dots – reg 56

29 Driving licences and Prdp’s

30 Driving licences Section 12(a) – Must be licenced Section 12(b) – Must have licence or document in vehicle Card – 5 years (reg 108(5) Valid for 3 months with receipt Reg 100- – TDL – 6 months – Affidavit – 3days

31 Learner’s licences Reg 99 Codes 1,2 and 3 Valid for 24 months Driver in vehicle May drive on freeway May carry passengers, except motor cycle No “L” required on vehicle

32 Driving licences Reg 99 to 113 Codes, type of licence, authorisation Licence code Reg 99 Limits on vehicle and driver 0 – see codes on licences Prdp particulars: PGD Validity period: Licence still valid if Prdp expired -5 years-Licence -2 years-Prdp

33 Motor cycle codes: Allows motor tricycles, quads, side- cars A1-Motor cycles up to 125 cc A-Motor cycles over 125 cc Other motor vehicles – limit on trailer 750 kg GVM – No articulated vehicles B -Up to 3500 kg Tare & GVM C kg – kg Tare & GVM C kg + Tare & GVM Other motor vehicles – No limits on trailers +articulated EB-Up to 3500 kgTare, GVM & GCM EC kg – kg Tare, GVM & GCM EC kg + Tare, GVM & GCM

34 FOREIGN LICENCES Sec 23 and reg 110 Valid in country of issue English/ translation Photo Signature SA ID – must exchange in 5 years Not been in SA for 3 months Check with insurance IDP – International Driving permit

35 PROFESSIONAL DRIVING PERMITS Sec 32 Categories of drivers that need them – Reg 115(1) Exemptions -Reg 115(2) Disqualifications – Reg 117. Note previous convictions. Drunken driving, reckless driving, violent offences Valid for 24 months. If reapplied before validity expires, will stay valid until new permit is received or 4 months Reg

36 PROFESSIONAL DRIVERS The following drivers need Prdp’s All goods vehicles over kg GVM All buses All minibuses over kg GVM or 12 seats and NLTTA drivers All DG vehicles over kg All 11 seaters and less operating for reward All motor vehicles with 12 or more people in, includes the driver All breakdown vehicles

37 Automatic suspension of licences Sec 35 Offences: – Drunken driving – Reckless driving – Hit and run accidents – Over 30 km/h in urban area – Over 40 km/h outside an urban area Time periods: – 6 months – first offence – 5 years - second offence – 10 years – third offence

38 Roadworthiness of vehicles

39 Roadworthy certificates – Sec 42, Reg 138 & 142 -Goods vehicles over 3500 kg GVM -DG vehicles under 3 500kg -Buses (17 seats +) -Minibuses:12 – 16 seats or GVM over 3500 kg -Breakdown vehicles all – GVM irrelevant -Other motor vehicles transporting persons for reward (up to 9 seats seat minibuses) + NLTTA vehicles

40 Operators

41 OPERATORS Applicable to-goods vehicles with GVMover 3500 kg -breakdown vehicle -DG vehicles under 3 500kg AND OVER KG -buses -midibuses -minibuses 12 seats/GVM 3500 KG -other passenger vehicles for reward

42 Duties of operator Information Protect card Control driver – Prdp and overloading Vehicle fitness Safety of public Dangerous goods Loading and transportation

43 Transportation of Dangerous Goods

44 Dangerous goods Section 54 and 55 Regulations 273 to 283B Detail legislation SANS specifications Exempt quantities Normally charge for sec 54

45 5/3/ SANS 0228 CLASSIFICATION CLASS 1EXPLOSIVES 6 Sub-Classes CLASS 2GASES Class 2. 1 Flammable Class 2.2 Non-Flammable - Non-Toxic Class 2.3 Toxic EXPLOSIVE Development and Copyright - D.G.Consultants

46 5/3/ CLASS 3FLAMMABLE LIQUIDS CLASS 4FLAMMABLE SOLIDS Class 4.1Flammable Solids Class 4.2Liable to Spontaneous Combustion Class 4.3Dangerous when wet Emit flammable gases SANS 0228 CLASSIFICATION Development and Copyright - D.G.Consultants

47 5/3/ CLASS 5OXIDIZING AGENTS Class 5.1Oxidizing Agent Class 5.2Organic Peroxide CLASS 6TOXIC & INFECTIOUS SUSBSTANCES Class 6.1Toxic Substances Class 6.2Infectious Substances SANS 0228 CLASSIFICATION Development and Copyright - D.G.Consultants


49 Dangerous goods Regulation 282  Requirements for DG inspectors Regulation 283A  Powers for traffic officers on DG prescribed Regulation 283B  Presumption created – if package marked DG or tremcard states product – regarded as DG – kilograms = litres

50 Road Traffic Signs

51 Specific offences

52 Speeding Sec 59 Reg 292 and 293 General speed limit Special limits for goods vehicles and buses Part 29 – 10 km tolerance Prosecution guideline General rules for types of equipment – Back of manual Must keep records Radar, laser, Vascar,

53 Speeding and traffic signals Sec 341 notices in the case of camera offences for speeding must be posted within 30 days (used to state – issued) Notice must be issued to offender for red traffic light – must serve sec 54 summons Information on NaTIS and photograph must correspond before notice is issued Limit for laser prosecutions extended to 500 metres Laser may be mounted in car if stabilised

54 Speeding Regulation 293  Maximum limit for breakdown vehicles – 80 km/ph  12 seaters & minibus – 100 km/ph  Trucks over 9 tons – 80 km/ph  Buses – 100 km/ph

55 Drunken driving Technical offences – Blood alcohol Private drivers 0.05 grams per100ml Professional drivers 0.02 grams per 100ml – Breath alcohol Private drivers 0.24 mg per 1000ml Professional drivers 0.10 mg per 1000ml Offence to refuse blood and breath alcohol tests May not smoke after being stopped Screener used to detect alcohol

56 Presumptions

57 Legal Presumptions Legal tool to assist state Certain facts presumed Burden on accused to create doubt on facts Vital tool to ensure legal system is not frustrated Sections 69 to 73 Various other presumptions

58 Equipment of vehicles

59 All equipment Brakes reg 149 to 156 Lamps reg 157 to 185 Reflectors and indicators reg 186 to 199 General equipment Steering – reg 200 Glass of windows – reg 202 Wheelflaps reg 217 Rear underrun reg 218

60 Brakes Reg 149 to 156  Reg 154 – ABS brakes are required for trailers registered after 14 February 2004  Brakes  Small trailers – GVM under 750 kg – parking brake  Trailers 750 kg tot kg – parking and overrun brake  Trailers over3 500 kg – parking brake and service brake

61 LAMPS Reg 157 to 185 Compulsory lamps – shall Optional lamps – may If fitted – must be functional Reg 183 – no flashing lamps Reg 185 – No lamps allowed other than prescribed

62 Specific lamps Flashing lamps – reg 176 – Blue SAPS and Traffic – Red – ambulance, fire and doctors – Green- civil defence – Amber – breakdown, maintenance, abnormal Fog lamps – reg 163

63 Chevrons All trailers All other vehicles with a GVM exceeding kg Must fit – – Full chevron – Cut chevron if full does not fit – Reflectors if cut chevron does not fit – 2 red triangles i s o chevron on trailers up to kg

64 Contour markings Regulation 192A  Goods vehicle – longer than 7 m  Trailers – new after July 2004  All trailers after January 2006  Bus – new after July 2004  All buses – after July 2006  Goods vehicles over kg  Mini and midibuses used for reward or ito NLTTA

65 Regulation Tyres Tyres of all NLTTA vehicles must have be commercial steel radial tyres Vehicle directional stability control devices – on steering wheels of NLTTA vehicles – not implemented yet

66 REGULATION 213 – Seat belts Regulation 213  Driver responsible that passengers wear seat belts  Child restraints may be compulsory Seat belts must be fitted to all seats of new mini-, midi- and buses from 1 Jan point belts may be installed – provision should only apply to minibuses and buses

67 Regulation 214 – Warning triangles Amended a number of times New vehicles after July 2006 – must have triangle Vehicles over kg – must have collapsible triangle Vehicles under kg – may still have “old” triangle

68 EQUIPMENT Wheel flaps – reg 217 – truck-tractors exempt Rear under-run – protection – reg 218 One axle or axle-unit fitted to semi-trailer registered after 1 July 1999 Exemptions – reg 220

69 Dimensions – Reg 221 to 230 Restrictions on: – Height – Length – width Projections Combinations of vehicles

70 Loading of vehicles

71 Permissible maximum mass Reg Calculate the axle, axle- unit, vehicle and combination masses Determine permissible Subtract tare mass and other mass on vehicle Determine payload

72 Elements Safety – Tyres: SABS 1550 or manufacturer specifications. Tyre overload will cause damage to tyre. Inflation pressure relevant – Manufacturer specifications: Plate on goods vehicles, buses and minibuses Infrastructure protection – Roads: reg 240 – Bridges: reg 241

73 Tyres – REG 238 Tyre sizes Inflation pressure relevant Single or duel mounted tyres have different masses Manufacturer specifications in pounds, must be converted to kilograms SABS 1550

74 Manufacturer specifications – REG 239 and REG 245 GAgross axle mass GAUgross axle unit mass GVMgross vehicle mass GCMgross combination mass GKMgross kingpin mass Ttare P/Dpower of engine – kilowatts Owner responsible for correct info on plate

75 Manufacturer’s specifications Safety Power of engine must be sufficient to draw vehicle 240 kg for 1 kilowatt power Traction = 5 x actual mass on driving axle/s Gross masses = maximum allowed before safety is jeopardised

76 Road and bridge costs Road building costs exorbitant Maintenance of roads also very expensive Axles have to be limited to avoid damage to road surface and foundation Distribution of mass – important to protect bridges Gauteng project – 20 billion rand

77 Road limits – REG axle, 2 or 3 wheels – 8 000kg 1 steering axle, 2 wheels –7 700kg 1 axles, 4 wheels – 9 000kg Axle-unit, 2 axles, 2 or 3 wheels each – kg Axle-unit, 2 axles, 4 wheels each – kg Axle-unit, 3axles, 2,3 or 4 wheels each – kg

78 Bridge formula – REG 241 Distance between axles of axle groups measured(L) (L) x = max mass according to bridge formula Combinations must be measured on both sides Round measurement up, e.g m = 15.50m Any group may be used Axle-units may not be used for bridge formula

79 Formulas –REG 234 to 237 Permissible maximum masses Creates formula to determine overloading = Axles and axle-units – same principles = vehicles and combinations – same principles

80 AXLES and AXLE-UNITS Reg Have to determine the permissible maximum axle and axle-unit mass load= least of three masses: 3 elements: – Tyres = reg 238 – Manufacturer specifications = reg 239 and 245 – Road limits = 240

81 Calculation Tyres – Reg R = 3000kg 4 tyres x 3000 = kg Manufacturer’s specs – Reg GA kg Road limit – Reg kg Least of masses 9 000kg

82 Axle-unit – REG 235 Tyres – Reg 238 Permissible mass R = 3000kg kg 8 tyres x 3000 = kg Manufacturer’s specs – Reg GAU kg Road limit – Reg kg

83 Vehicles and combinations Reg 236 and 237 Sum of axles and axle-units GVM or GCM P/D x 240 (400 – tractor) 5 x actual mass of driving axle/s Bridge formula: (L) x kg Proviso:56 000kg

84 Bridge formula: (L) x

85 Calculation Sum of axles and units: 6 500kg kg kg = kg GCM:72 000kg P/D 310 x 240 = kg 5 x kg = kg x kg = Proviso not applicable

86 Calculation “One Tonner” Understand that vehicle can carry one ton – not correct Calculation: – GVM3250 kg – Tare2250 kg – Load1000 kg – This includes driver, assistant, fuel, spare wheel, etc.

87 Goods secure Reg 246 All goods secure Covered Containers – twist locks May not dislodge or spill

88 Passengers on goods vehicles Enclosed to 350 mm for seated and 900 mm for standing passengers Passengers and goods must be separated Passengers and tools must be separated Reg 247

89 REG 242 – Steering axle Under loading of the steering axle – offence Articulated vehicle – 11% of the actual masses of the axles of the drawing vehicle and first trailer = % = 4983 – 5% = 4753 kg Under load on steering axle Rigid vehicle = 20%

90 Passenger vehicles

91 Applicable to all passenger vehicles Some provisions only for operations under the NLTA Fire extinguishers Windows Doors Roof

92 ENTRANCE AND EXIT REQUIREMENTS Minibus and bus must have at least one emergency exit for every 12 passengers for vehicles first registered after Jan 2008 Emergency exits of bus in floor on both sides or both sides front and rear, or in roof of single deck bus

93 SEAT REQUIREMENTS Driving seat must be adjustable and have partition – applies to mini, midi and buses- applies to all these vehicles not only first registered after 1/1/2006 No fold-up or jockey seats allowed for certification of seating – influence Ventures, buses with fold away seats, etc.

94 Rules of the Road

95 Driving behavior Cell phones Driving left of yellow line Parking stopping Freeway driving Owner responsible for cost of removing vehicle if it causes obstruction

96 Offences

97 Sec 89 Reg 333 One year imprisonment is equal to R Different provisions for different offences

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