Question

I hope you will be able to assist me, but I would like to know is there any law the specifically governs trucks and how they are supposed to drive on the road. For instance, can a truck turn from an inside lane? knowing that it cannot make the turn? or are they allowed to drive through suburbs? in order to avoid the high way? Any help you can give will be much appreciated.

Answer

There are no special laws governing trucks in terms of their driving. There are laws as to speed for trucks over 16 tonnes, and for visibility over 3,5 tonnes – the rest of the laws are the same as for other vehicles. The onus is on all road users to be aware of long vehicles turning – there are warnings placed on trucks (but they are not compulsory) and light motor vehicles must allow long vehicles to turn and stop (which they do not).

Question

I have bought 2 tractors in SA and would like to collect using my own farm 20ton truck. I don't have or need commercial carrier license here in Zim because it is only used for farm business not a commercial carrier business. What do I need paperwork wise to come and collect these 2x2nd hand tractors without falling on wrong side of the SA law. I understand each time we crossover the border we get std TIP done for X days, what else is there to get on SA side to carry tractors back?

Answer

Please find relevant information on www.cbrta.co.za and at www.sars.gov.za where respective permits and import duties will be available.

Question

Hey I just want to know is it illegal to have blue light on my motor an it light's on when car is started?And if illegal why and give me a web page to read it myself or on my bike motor ? It is not shinning on the road.

Answer

Regulation 176 (3) (a)  of the NRTA states that no person shall operate a motor vehicle fitted with, or in or on which is displayed , a lamp or lamps emitting a blue light or capable of emitting a blue light.

Question

Dear sir 1) Are there no legal obligation on authorities to answer you if you have sent a letter of dispute to the charges of a fine? What should one in such a case? 2) Is it legal for the traffic authorities to put pressure on their officers to write an X-amount of fines per week/month? I have seen an upsurge in fines coming into my office the past few month for offences which can not be disproved. For e.g. a driver were fined for oil on the road, but it was not his vehicle's oil, most likely a previous vehicle that has parked there. Another fine stated that his tyres had less than 1mm grooves, but he never measured it. When we measure the tyre, the grooves were still 7mm deep. Another traffic officer complained to the driver that he had to write some kind a fine for him, otherwise his boss would not be happy if he returned to base without X-amount of fines. How can one defend oneself against such traffic officers? Thank you in advance!

Answer

Yes. The guideline on Road blocks and warrants as well as the AARTO regulations require that authorities must send a receipt within certain time periods to the person redirecting fines or for any other correspondence in terms of AARTO.

The best defence mechanism for false charges is to go to court on the matter.

Question

Is it legal for the traffic department to send you a fine with a picture of my vehicle and the licence plate showing but not have the necessary information (Cross hair, speed, date and time, range) on the photograph. When questioned the prosecutor replied that I can request the proper photograph as it is the one that will be used in court. they do not send out this photograph with the fine because of costs savings. Is this legal/acceptable? Does this not amount to tampering with the evidence?

Answer

No it is not necessary to send the photo, but if you request it they must provide you with the photo.

The requirements for the photo are:
6.1.      GENERAL REQUIREMENTS APPLICABLE TO BOTH UNATTENDED AND ATTENDED OPERATIONS.

            6.1.1     The photograph/image shall at least record the following for Speed measuring equipment:

(a)       date of offence;

(b)       time of offence;

(c)        the speed measured;

(d)       where sensor lines are installed, a view of the whole width of the traffic lane(s) covered by the sensor lines;

(e)       where any other sensors e.g. laser or radar are used, an image of the area with an angle of view sufficient to ensure that the speeding vehicle is clearly identified in relation to the measuring position and other vehicles which may be nearby; and

(f)        the location code.        

6.1.2     An information sign with regard to speed prosecution by camera must be displayed as required by the Director of Public Prosecutions, if the offender is not immediately stopped and informed of the offence.

6.1.3     The photograph/image shall at least record the following for Traffic light violation monitoring equipment:

(a)       date of offence;

(b)       time of offence;

(c)        the yellow interval time of the traffic light preceding the red-light time;

(d)       the elapsed red-light time at time of the photograph/image;

(e)       a view of the whole width of the traffic lane(s) and intersection;

(f)        at least one functioning traffic light must be visible in the photograph / image indicating the interval of the intersection;

(g)       at least two photographs/images indicating the position of the vehicle of the accused must be taken;

(h)       the first image must show the vehicle entering the intersection after a delay time has lapsed at the start of the red-interval of the intersection;

(i)        at least a second image taken a fixed time or distance from the first image indicating the vehicle moving through the red interval of the intersection; and

(j)        the location code.

Question

Our company has a contract with a taxi driver to provide transport to our shift workers. Except for a Puplic Drivers Permit, is there any other legislation which we can enforce to ensure that his vehicle is roadworthy?

Answer

A vehicle that is used to transfer persons for reward must be roadworthied annually

Question

I have a UK driving licence.Will i be able to convert it to a South African one ?If so what is the procedure? Many Thanks Aubr

Answer

For exchange of a foreign driving licence to a SA driving licence you have to go to the nearest driving licence testing centre for assistance. Please note that the licence must in an official language of SA or have an official translation attached. It should also have photo and signature of the holder attached.

Question

Please can you tell me whether the yellow and black speed signs is mandatory? I.e. if there are roadworks on the freeway, and the speed limit is normally 120 km/h, there is a 60 km yellow sign, can you get a speeding fine for not doing 60 km?

Answer

White background signs are 'permanent' signs, meaning they generally apply all the time.

Yellow background signs are temporary, and they overrule any white background version nearby, because the temporay situation (e.g. roadworks) usually requires a different instruction due to more hazardous conditions.

Also view: http://roadsafety.co.za/2009/06/04/be-attentive-to-temporary-speed-signs/

Question

I am travelling from George to Bloemfontein, which will be my quickest route taking into account current delays caused by road works.

Answer

Most road works are north of Colesberg...with a few short stretches north of Three Sisters. I prefer this route but the quickest route should be George, Willomore, Aberdeen, Graaff-Reinet, Middelburg. Be alert to updates on www.nra.co.za about snow etc..

Question

I want to know, once passing a speed sign do you have to be exactly on that speed limit or do u still have a few meters to reach the correct speed????

Answer

As a driver you should be focused on the road ahead. Signs are generally posted well in advance allowing you time to respond. E.g. Robot Ahead  as a driver you will respond and act accordingly if the robot changes from green to amber to red because you would have seen the sign well in advance to respond and come to a complete standstill.