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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.

Posts

Scooter on the highway ⇩

Question

Can you ride a 150cc bike\scooter on the highway?

Answer

The legislation refers to the term freeway. Colloquially, the terms freeway and highway are used interchangeably. According to regulation 323 a motor cycle with an engine capacity of less than 50cc may not be operated on a freeway. Please note that should the scooter/bike be powered by an eletric motor or be able to be powered by pedals (or a combination of pedals and any other motor), it may not be operated on a public road.

Misplaced car ownership certificate ⇩

Question

I misplaced my car ownership certificate and I want to know whether I get it from any licence dept on condition i produce my ID document?

Answer

An application for a duplicate registration certificate must be submitted, in person at your appropriate registering authority. (not any registering authority).

The application form (DRC) can be downloaded from the www.enatis.com or you can complete on at the registering authority.

There may be a waiting period as your right to the document will have to verified.

Seatbelts for motorhomes ⇩

Question

I notice that you have a seatbelt legislation in South Africa, but I have a question regarding motorhomes. I am going to South Africa in July with my wife and four children, and was considering to rent a motorhome. However, none of the ten-plus companies I have contacted have motorhomes equipped with seat belts for all the passengers. Is this not required? Are you planning to introduce such rules? We have previously rented motorhomes in Ireland, Australia and New Zealand, all with six seatbelts installed.

Answer

The current legislation requires that any minibus, bus or goods vehicle of gross vehicle mass not exceeding 2500 kg, first registered on or after 1 January 1979, or of gross vehicle mass not exceeding 3 500 kg, first registered on or after 1 January 1987, must have at least a harness belt or three-point belt fitted for the driver, and if the front seat has seating accommodation for other persons, must have at least one other harness belt or three-point belt fitted.

There is no mention of any other seats (ie to the rear or in compartments in the rear if the vehicle) – so no, there are seatbelts required. If there are seats with fitted seatbelts, then these need to be worn.

Crossing the barrier line ⇩

Question

Are there any scaenarios where it is legal to cross a barrier line? Typically what may one do when caught behind a slow moving truck (30 to 40 kph) on a single lane road with a solid barrier line, but where visibility is good and no oncoming traffic is present?

Answer

Barrier Line (Longitudinal Regulatory Markings) – When one is caught behind a slow moving truck on a single lane road, unfortunately one cannot overtake this vehicle.
The scenario when one can overtake is when

1. To gain access to land on the opposite side of the barrier line.
2. To gain direct access from land to a portion of the public road.
3. To pass any stationary obstruction in the roadway, if it is safe to do so. 

Scooter / Bike on the highway ⇩

Question

Can you ride a 150cc bike\scooter on the highway?

Answer

The legislation refers to the term freeway. Colloquially, the terms freeway and highway are used interchangeably. According to regulation 323 a motor cycle with an engine capacity of less than 50cc may not be operated on a freeway. Please note that should the scooter/bike be powered by an eletric motor or be able to be powered by pedals (or a combination of pedals and any other motor), it may not be operated on a public road.

Converting Botswana driver license ⇩

Question

Please advise what is required to exchange my Botswana SADC divers’ license to a South African drivers license and if there is a time frame required. I am now a citizen of South Africa by late birth registration in 2004, was in Botswana carrying my South African I.D. before coming to settle in South Africa. I got my late birth certificate in 2004 with my I.D. and passport, but was working in Botswana till September 2008 where I resided all that time. I produced my lease for where I now stay in Johannesburg which started in Sept 2008. My Botswana works and residence permits expire September 2009 along with my Botswana SADC driver’s license. I have also since purchased a vehicle in the interim and submitted my Botswana driver’s license which was accepted here. This is why I do not understand why I cannot get my foreign license exchange. I’m told that the Botswana drivers’ license system is also based on the K 53 like South Africa thus the SADC printed on the license too. I am now required to go through the entire driver's license procedure. Is that necessary? PLEASE advise.

Answer

In terms of regulation 110, you must convert your foreign licence to a SA licence within 1 year of obtaining or resuming permanent residence. As you returned in September 2008, you have until September 2009 to exchange the licence.

Driver license renewal & expired license ⇩

Question

I am not able to find any information regarding expired driving licence renewals from the RTMC and was hoping perhaps you can assist. I understand that a expired licence can be renewed at a driving test center, but want to know the following: Can a licence that has been expired for 4yrs be renewed in the same way? My reason for the long expiry is that I have been travelling abroad. Please advise

Answer

Yes a driving licence can be renewed after 4 years. There is also no penalty for late renewal at this stage.

Employment as reservist / traffic officer ⇩

Question

I have helped much at accidents and traffic control and I wondered if there is any possibility that I can become a traffic reservist? I receved my traffic officer's diploma in 1990 at the TPA college in Boekenhouds Kloof when I was with the Pretoria traffic departmend .I would like to offer my services as a reservist and i dont need compensation for the work .if you know if there is something like this, can you please let me know who I can contact.

Answer

The Road Traffic Management Corporation does not appoint Traffic Officers, but is responsible for coordinating Law Enforcement. I recommend that you approach the Traffic Department in the area you want  to offer your service.

Road rules when traffic lights under construction ⇩

Question

Please could you confirm the correct procedure regarding traffic lights under construction... At what point are they treated as a 4 way stop?? Thanks

Answer

I am not aware of the legislation governing new traffic lights that are still under construction. But here's my guess about how this situation would be treated:
    * If the light-head section is covered with black plastic, then probably no rules pertaining to traffic lights would be applicable because there are no lights displayed. Drivers would then obey the existing road signs if there are any at that particular intersection.
    * If the light-head section is exposed, but the electricity is not yet connected to make the lights functional, then they would appear to a driver as traffic lights that are not working. In this case the 4-way stop procedure would most likely apply.
Perhaps the local traffic authority could advise Nicky what their ruling is in respect of the particular situation.

Zimbabwe Drivers License in SA ⇩

Question

Thank you for a very informative & well laid out site. I am one of thousands of Zimbabwean drivers currently working in South Africa & over the past few months have been continually harassed by the police. Most recently I have been told my Zim Drivers Licence is not acceptable in SA as it is 1) Not officially recognised as a valid SADC licence 2) not recognised as it has no expiry date 3) only international driving licenses issued by the AA are acceptable for Zimbabwean drivers; In addition, the police regularly ask for my current passport & ID - is this a legal requirement? Please could you help clear up this matter as the police who stop most Zimbabwean cars only do so to harrass them until they get a bribe. Many thanks for your help

Answer

Regulation 110 (1) of the National Road Traffic Regulations prescribes the conditions under which a foreign issued driving licence is deemed to be a valid licence. I attach the extract from the Regulations:
(1)  Subject to subregulation (3), a driving licence referred to in section 23 (1) (a) of the Act, issued while the holder of it was not permanently or ordinarily resident in the Republic, shall, for the period for, and subject to the conditions under which it was issued, be deemed to be a valid licence for the purposes of Chapter IV of the Act, if—
(a)
(i)
the licence has been issued in an official language of the Republic; or
(ii)
a certificate of authenticity or validity relating to the licence issued in an official language of the Republic by a competent authority, or a translation of that licence in such official language, is attached to it;
(b)
such licence contains or has attached to it, a photograph and the signature of the licence holder.

There is no mention of an expiry date.

Subregulation (3) prescribes that the licence shall only be valid for exchange up to 1 year after the person has obtained or resumed permanent residence. Therefore as long as the licence is valid it may be used to drive and if you obtain or resume permanent residence in South Africa then you have to exchange your driving licence for a SA driving licence within 1 year of this date.

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