Question

Hi, I am concerned about the roadworthiness of the buses used by schools for transporting children. Considering the high accident rate on our roads, I am particularly concerned about emergency exits as they seem to be blatently missing in most cases. My questions are: Could you confirm that, under current legislation, (1) any bus used for the transportation of school children must have at least one emergency exit for every twelve passengers, (2) that any emergency exit which is a ‘knock-out window’ must comply with the legal definition of a ‘knock-out window’ (3) that any emergency exit provided on the bus must function effectively in case of an accident and (4) all emergency exits must be clearly marked. I would also like to know that if a bus does not comply with current legislation, is it roadworthy and may it legally be used for transporting school children? I look forward to your response. Regards

Answer

Yes that is correct. The provisions are part of the National road traffic legislation. The buses are supposed to go through a 6 monthly roadworthy test.

Question

Approaching a secondary cross road stop sign by two cars opposite each other. Which car has priority to enter the priority road or even cross over first?

Answer

Moving off from the Stop signs
Neither vehicle has priority over the other in terms of who may move off first. It is not a 3-way or 4-way Stop. The normal rules for a Stop sign apply: Move off only when it is safe to do so.

Moving off and turning right
The rules for turning right at an intersection apply. The vehicle that is intending to turn right must give way to any approaching traffic that is close enough to represent a potential hazard. In other words, both vehicles can move off independently from their respective Stop signs, but the one that is turning must give way to the the approaching (non-turning) vehicle unless it is so far away that it is  nevertheless safe to execute the turn. If there is a crash, the turning vehicle's driver could be liable for unsafely turning across the path of oncoming traffic.

Question

Does the law require that you carry a reflective triangle in your vehicle for use in the case of breakdown? In Durban drivers are being fined for not carring one?

Answer

Regulation 214 of the National Road Traffic Act 93/1996 requires that new motor cars first registered after 1 July 2006 must carry one warning triangle.

Question

I received a R300.00 fine for doing 83km in a 60 km zone. The problem is, I was on the N1 going over a bridge and as I was on top and going down the decline, I saw the officer standing there with his camera. I know that the fine is nul and void if I receive it after 30 calender days of date of offence, but my question is are they allowed to fine me on a decline??

Answer

We often get asked this question, probably because we all know that a vehicle speeds up without any intervention from the driver when driving downhill. In fact, it is only by intervention on the part of the driver that a vehicle will maintain its speed whilst proceeding downhill.

Whilst it may not be regarded as being ethical by reasonable people for traffic authorities to trap vehicles proceeding downhill, the problem is that it is indeed 100% legal. In fact, most speed traps are set on downhill stretches of road.

The simple argument is that the speed limit remains the same whether you are proceeding uphill, downhill or on a flat surface and this wins hands down every time.

Since you are in the Cape Province, I thought I would also take the opportunity to inform you that the requirement for a fine to be issued (not necessarily received) within 30 days of the alleged offence does apply under the Criminal Procedures Act, however from 1 July, Cape Town will be subject to the provisions of the AARTO Act and under this Act, the period allowed for posting the infringement notice to you is extended to 40 days. Thereafter, if you do not collect the registered article from the post office within 10 days, it will be deemed to have been delivered after the 10 days have elapsed.

Question

When did the wearing of seat belts become compulsory in South Africa? I've found a reference that states that from 1 January 1996 it became compulsory for passengers in the back seat to wear seat belts, but I cannot find a date for drivers and front seated passenger. Hope you will be able to assist. Thank you.

Answer

The back seat was actually 1 Jan 1997. The front seat was from 1 Jan 1977 as far as I know, front seats were fitted with seat belts since 1965.

Question

Can our national roads department pass a law that forbids trucks to drive on any other lane but the extreme left lane on all major highways around the major cities e.g. The N1 or N3 that circles JHB. Also to not allow trucks to overtake in these areas. For example on many ocasions one finds trucks breaking down in the middle lanes between Gillooly's interchange and Geldenhuys interchange. Or they will be driving 40 km/h in the middle lane which causes major back-ups and leads to frustration and then eventually reckless driving by motorist wanting to pass these trucks! Can we partition for this! It will save lives! It will saves lives! Pleeeeeease!

Answer

The DoT can do such a law – but the likelihood is minimal as there are many problems with that. The problem of trucks in the middle lane as noted is due to the splits in the highways and trucks need to choose direction changes well in advance – are not allowed in by light motor vehicles so move early.

Trucks also need to meet deadlines and thus overtake the very slow vehicles – but the aggravation caused is worrying. The behaviour of other motorists is aptly summed up by the comment from the author. The slow vehicles do not kill vehicles – it’s the attitude of the light vehicles around them.

Question

Dear sir, I will moving to springbok shortly, can I attach my motorcycle to my car, the front wheel of the m/cycle will be removed and the front forks will be attached to a purpose made bracket on the back of the car, the rear wheel of the m/cycle will be on the road when towing, is this legal or must I get special clearance to do this?

Answer

I cannot find anything that would make this illegal.If the rear wheel of the motorcycle is going to be on a public road,they must ensure that it is licensed.

Question

What are the procedures for a traffic offical to send a truck to a weighbridge

Answer

The Road Traffic Act, Act 29 of 1989 – Section 11 (Powers and duties of traffic officer) paragraph (d)

The Act empowers the officer to order the vehicle (……. to proceed to a massmeter or mass measuring device ……)

The procedure would be: stop the vehicle and if in doubt order the vehicle to a weighbridge or escort the vehicle to a weighbridge. The actual method implemented would be decided upon by the authority concerned.

Question

The law requires all passengers in a car to wear a seat belt (although I have never met anyone getting a fine sitting at the back without a belt on) My question: I own a 1980 model car which I keep as original as possible. The car is not factory fitted with seat belts at the rear. What does the law say about my children travelling in the back of a car like this? Common sense safety aside.

Answer

The law states that if there is no safety belt fitted to the rear seats then the wearing of seat belt is not required however if the front seat is unoccupied then the child must be seated in the front where there is a safety belt.

Question

I have a valid learners licence. May I drive with 4 passengers in the car & only one of them have a valid drivers licence? Secondly,the one that have drivers licence must he sit in front next to me,or can he sit at the back seat? Thanks for clearing this up.

Answer

• A licenced learner driver may have passengers in the vehicle provided they do not pay a fare, AND
• S/he must be accompanied in the vehicle by a driver who holds a valid driving licence for the same class of vehicle being driven, AND
• That licenced driver must sit in the front seat, next to the learner driver.
• And ... while on the subject ... a licenced learner driver is allowed to drive on freeways too.