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

2. Contact details altaswanepoel @mweb.co.za www.altaswanepoel.co.za
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. INTRODUCTION Purpose Content of course NRTA Occupational safety
Short summary on other acts
Open book exam

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

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. 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: P G D
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 cc
A - Motor cycles over 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 kg Tare, 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 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. Roadworthiness of vehicles
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 GVM over 3500 kg
- breakdown vehicle
- DG vehicles under
3 500kg AND OVER KG
- buses
- midibuses
- minibuses seats/GVM 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. SANS 0228 CLASSIFICATION CLASS 1 EXPLOSIVES 6 Sub-Classes
CLASS 2 GASES
Class Flammable
Class 2.2 Non-Flammable -
Non-Toxic
Class 2.3 Toxic
4/14/2017
Development and Copyright - D.G.Consultants

46. SANS 0228 CLASSIFICATION CLASS 3 FLAMMABLE LIQUIDS
CLASS 4 FLAMMABLE SOLIDS
Class 4.1 Flammable Solids
Class 4.2 Liable to Spontaneous Combustion
Class 4.3 Dangerous when wet
Emit flammable gases
4/14/2017
Development and Copyright - D.G.Consultants

47. SANS 0228 CLASSIFICATION CLASS 5 OXIDIZING AGENTS
Class 5.2 Organic Peroxide
CLASS 6 TOXIC & INFECTIOUS SUSBSTANCES
Class 6.1 Toxic Substances
Class 6.2 Infectious Substances
4/14/2017
Development and Copyright - D.G.Consultants

48. SANS 0228 CLASSIFICATION CLASS 7 RADIOACTIVE MATERIAL
CLASS 8 CORROSIVES
CLASS 9 MISCELLANEOUS SUBSTANCES
4/14/2017
Development and Copyright - D.G.Consultants

49. Dangerous goods Regulation 282 Regulation 283A Regulation 283B
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 Fog lamps – reg 163
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 3 500 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
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 2006
2-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: Projections
Height
Length
width
Projections
Combinations of vehicles

70. Loading of vehicles

71. Loading of vehicles Permissible maximum mass Reg 234 - 237
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
GA gross axle mass
GAU gross axle unit mass
GVM gross vehicle mass
GCM gross combination mass
GKM gross kingpin mass
T tare
P/D power 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 240 1 axle, 2 or 3 wheels – 8 000kg
1 steering axle, 2 wheels – 7 700kg
1 axles, 4 wheels – kg
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 234 + 235
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 238 22 12.5R = 3000kg Least of masses
4 tyres x 3000 =
12 000kg
Manufacturer’s specs – Reg
GA kg
Road limit – Reg 240
9 000kg
Least of masses
9 000kg

82. Axle-unit – REG 235 Tyres – Reg 238 Permissible mass
R = 3000kg kg
8 tyres x 3000 =
24 000kg
Manufacturer’s specs –
Reg
GAU kg
Road limit – Reg 240
18 000kg

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: kg

84. Bridge formula: (L) x

85. Calculation Sum of axles and units: 6 500kg +
18 000kg kg = kg
GCM: kg
P/D 310 x 240 = kg
5 x kg = kg
17.60 x kg =
Proviso not applicable

86. Calculation “One Tonner”
Understand that vehicle can carry one ton – not correct
Calculation:
GVM kg
Tare kg
Load 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 =
11% = 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. Rules of the Road 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. Offences Sec 89 Reg 333 One year imprisonment is equal to R 20 000
Different provisions for different offences