The Expert will be specific knowledgeable people at the Department of Transport, Arrive Alive Communications, the Road Traffic Management Corporation or others who might have the expertise to answer the question.
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Regulation 309 (5) stipulates that animals shall not be carried on the front of the motor cycle. Objects can be carried if its securely fitter or in a suitable carrier, and importantly does not obstruct the drivers view. Therefore animals must carried at the rear of the motorcycle.
(5) No person or animal or object shall be carried on a motor cycle, motor tricycle or motor quadrucycle on a public road in front of the driver thereof: Provided that an object of a non-bulky nature may be so carried if securely attached to the motor cycle, motor tricycle or motor quadrucycle or placed in a suitable carrier fitted thereon for that purpose and carried in such a way as not to obstruct the driver’s view or prevent his or her exercising complete control over such motor cycle, motor tricycle or motor quadrucycle.
Also note that when the carrier is fitted, it may not extend more than 900mm behind the rear axle and 450mm on either side of the wheels (See regulation 228 below).
228. Projections in case of motor cycle, motor tricycle, motor quadrucycle or pedal cycle
No person shall operate on a public road a motor cycle, motor tricycle, motor quadrucycle or pedal cycle if any goods carried thereon, or on any portion or side-car of such cycle, project more than 600 millimetres to the front of the axle centre of the front wheel or more than 900 millimetres to the rear of the axle centre of the rear wheel or more than 450 millimetres on either side of the wheels of such cycle, or more than 300 millimetres to the outside of the wheel of any side-car: Provided that the provisions of this regulation shall not apply in respect of any side mirror or crash bar.
To claim against the road accident fund you need the following :
• To complete RAF 1 Form. In the form there is section that has to be completed by medical practitioner who treated you. (This form is available from the RAF offices and also on our website. www.raf.co.za.)
• A commissioned affidavit explaining how the accident happened
• Accident report ( available from the SAPS)
• Copy of claimants ID
• Copies of medical records
• Witness statements
• To claim for general damages RAF 4 form also available from RAF offices and website.
The RAF 4 FORM is the form that has to be completed by an AMA accredited medical practitioner , taking into account the reports at your disposal and also doing tests and then it can be determined that your injury reaches the percentage to be considered a serious injury one or not.
If you have a valid Zimbabwean driving licence and have not taken up permanent residence in South Africa then you may use your driving licence.
We thank you for enquiring from the Road Accident Fund.The RAF is still operating on a fault -base system , which means that there must be some element of fault attributable to a second driver . In this particular accident , despite the actions of the traffic officer , there is some negligence from the drivers of motor vehicles that were travelling behind Mrs Suliman in that :
• they have failed to keep a proper following distance
• they failed to keep a proper look out
as a result they collided into the rear of her motor vehicle.
Therefore on merits, it seems the person requesting advice can lodge a claim against the RAF .
However , we need to bring to her attention that as of the 1st August 2008 the RAF Act was amended. One of the new provisions is that ,for a claimant to be successful for compensation of general damages(pain and suffering ) ,the claimant must have suffered a serious injury. The seriousness of an injury is assessed in terms of AMA Guides by a medical practitioner who is qualified to perform such assessments. The injured can still lodge for other expenses e.g medical expenses .
Do not hesitate to contact for any further clarity
You must go to the nearest Licencing Authority – Randburg – (where you pay vehicle licence fees and book for driver’s licences) and request for the documentation to apply for the PrDP (P). You will have to complete an eye test, complete medical examination and criminal check, and bring these back to the Licensing Authority. The application will then be processed and a new licence issued with the PrDP (P) on the licence.
A traffic officer has the powers invested in him/her to remove a vehicle from the road if he deems it necessary. The complainant (driver) does not state why he was requested to follow the officer (traffic officers do retain the drivers licence to ensure that the person does follow them as instructed. In this case this person failed to comply. I find it hard to believe that any traffic officer will want to suspend a vehicle because the engine is dirty or the window winder is faulty. Generally traffic officers will remove a vehicle off the road if he/she is certain that this vehicle can be detrimental to other road users including the driver or his /her passengers. Some examples are defective steering mechanism , brakes, tyres, excessive oil leaks etc.
The procedure is to complete from PD1 which can be downloaded from www.enatis.com or collected at any driving licence testing centre (DLTC). You have to submit the fee for the application and 2 photos. The DLTC will issue a form MC which has to be completed by a medical practitioner and request that applicant go for SAPS clearance.
Unfortunately the application and issue of licence must be done in person.
It would be foolish to make any predictions regarding want the blood alcohol concentration would be in a particular sample after prolonged storage. With prolonged storage the alcohol concentration could have been higher, lower or the same as at the time that the blood was taken from the accused.
The concentration of alcohol obtained, should the blood sample not contain sodium fluoride, could be higher, lower or the same as the alcohol concentration at the time that the blood was sampled. Only by testing the blood sample for the presence of possible contaminants such as micro-organisms that consume alcohol (Serratia marcescens and Pseudomonad sp.) or produce alcohol in the presence of adequate glucose (Candida albicans and Saccharomyces cerevisiae), could the obtained value be interpreted correctly.
There is also a chance that no contamination took place, which might indicate that the alcohol concentration reported, might indeed be accurate. Also note that a low storage temperature can protect the sample, even if it had been contaminated and if it contains insufficient fluoride.
Alcohol loss due to oxidation could also occur over time, and with opening and closing of the tube due to evaporation.
The following references look at the efficiency of Sodium Fluoride as preservative, as well as at storage temperatures and prolonged storage of blood samples where blood alcohol analysis is required.
References
1. Lough, P.S. and Fehn, R., “Efficacy of 1% Sodium Fluoride as a Preservative in Urine Samples Containing Glucose and Candida albicans,” Journal of Forensic Sciences, 1993, 38(2): 266-271.
2. Amick, G.D., Habben, K.H., “Inhibition of ethanol production by Saccharomyces cerevisiae in human blood by sodium fluoride,” Journal of Forensic Sciences, 1997, 42(4): 690-692.
3. Dick, G.L. and Stone, H.M., “Alcohol loss arising from microbial contamination of drivers’ blood specimens,” Forensic Science International, 1987, 34: 17-27.
4. Harper, D.R., “A comparative study of the microbial contamination of post-mortem blood and vitreous humour samples taken for ethanol determination,” Forensic Science International, 1989, 43: 37-44.
In terms of regulation 157 (2), yes it is law for all motor cycles manufactured on or after 31 December 1960. Vehicles manufactured before this date may operate with the head lights off, provided that they are only operated during daylight. I attach an extract from the regulation:
(2) No person shall operate on a public road a motor cycle, a motor cycle with a side car, a motor tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times: Provided that the provisions of this subregulation shall not apply to a motor cycle, motor cycle with side car, motor tricycle or motor quadrucycle manufactured before 31 December 1960 which is used only during the period from sunrise to sunset.
