Question

Please assist me by answering can a learner driver while driving under the supervision of a licenced driver transport children as passengers and goods

Answer

Yes - as long as the person seated next to or directly behind holds a valid driver's licence for the class of vehicle concerned (this may include a licence of a vehicle category higher than the vehicle being driven) and has the necessary PrDP as may be required. The learner driver may not transport passengers on a motorcycle.

Question

Thank you for a great site- really helps in planning trips especially with the holidays upon us. Please help me with a query. I have read your advice on procedure to follow after an accident. I was involved in an accident which I believe was not my fault. I had to pay the excess to my insurance and they had begun the legal aspects and I was told when all the legalities are wrapped up and it was proved that I was not guilty, I would get the excess back as well as they would recover any expenses on the claim. I was told by my insurance legal team that the other driver denies any involvement in the accident and he may not have reported the accident. What are my rights regarding this? What are the implications since he did not report the accident? Does this automatically make him liable for damages?

Answer

The other driver has committed an offence in terms of the Road Traffic Act (Section 61: Duty of driver in event of an accident, paragraph (1) (e) & (f) which require reporting of the incident). No-reporting does not automatically make a person liable for damages - but you can lay a charge of reckless and negligent driving at the local police station and then the matter can be taken further.

Question

Is it possible to receive information as to how the points demerit system will affect transport drivers from, say Zambia that shuttle between RSA and Zambia.

Answer

Please note that in terms of the process, foreign drivers (both neighbouring SADC and international) will not be allocated demerit points. The reason for that is that we do not have information and access regarding their driving licenses. All the RSA driving licenses have been captured on the eNaTIS and thus will be managed easily via the National Contravention Register. The AARTO provides for a 50% discount to infringers upon payment within 32 days of the Infringement Notice being issued. At the time that the payment is received, the applicable demerit points related to the infringement committed, will be captured on the driver record of the infringer. For foreign drivers therefore, the rule is that there will not be any discount applicable as the relevant demerit points cannot be captured on their records. Is it possible to receive information as to how the points demerit system will affect transport drivers from, say Zambia that shuttle between RSA abnd Zambia.

Question

If possible please send me the rules and laws for cycling on the road and highways. I am struggling to find them and want to start riding to work.

Answer

I presume (which is dangerous) that when your state "highway" that you actually mean a "Freeway"?? All freeways (as proclaimed by the Minister of Transport and indicated by the relevant sign) prohibit pedestrians, cyclists and motorcycles below 50cc. All other roads (unless so indicated by a prohibition sign) allow use by cyclists (and pedestrians and motorcycles below 50cc) - irrespective of the speed posted for the road.

Question

Please advise if there is a statutory period of time for notifying the owner or driver of a vehicle from the Traffic Authority of a traffic violation from the date of offence eg. passing a robot when a red signal is displayed. Please quote the relative legislation and sections.

Answer

Yes - in the Prosecuting guidelines (Chapter29 of the Criminal Procedure Act), the initiators of the prosecution (ie the traffic police) have 40 calendar days from the date of offence to get the notice to you. There-after the notice is stale and the DPP's will not prosecute (in terms of the Criminal procedure Act you must be able to offer a defence and therefore need to be notified within a reasonable time so as to recall the event and offer the required defence). The National Road Traffic Act also requires that any notice issued for an offence committed in terms of the Act, be either personally served or sent via registered mail to the last address chosen as the Domicilium by the registered owner of the vehicle. The notice will be deemed to be served 10 (ten) days after receipt by the post office.

Question

I have noticed that HID (xenon) lamps are being sold as aftermarket accessories for cars that do not have them as original equipment. Is this legal? My understanding is that cars that come out with factory fitted xenon lamps also have automatic levelling mechanisms to avoid blinding oncoming drivers. The aftermarket kits do not have this feature.

Answer

The issue is quite interesting - Regulations 159 (Head Lamps) through to 161 (Dipped Beam) deal specifically with the "main lights" for driving. I have specifically ignored all other types of lamps (as these are generally not involved in the xenon after-market replacements). The legislation does not refer to anything in terms of the TYPE of bulb but does refer to adjustment of the light illumination area and direction. This would need to be done MANUALLY at a test centre or facility capable of measuring the required angles, etc for the lights. Legislation does, however, refer to the COLOUR of light emitted and, it would be interesting to discuss the colour of these xenon bulbs as they do appear BLUE which is illegal (Regulation 176: Identification Lamps, paragraph (3) (a)).

Question

I was recently involved in a car accident where I lost my left hand mirror. The car will be going for repairs in January- as it is the only opening that the authorized repairers have. So I am now wondering if its a traffic offence to drive with two mirrors instead of three.

Answer

No - legislation requires at least two mirrors which are in good working order (not loose, cracked or badly angled)

Question

I have a question. I founded a volunteer organisation that renders medical services at various events. My staff regularly assists at accident scenes. We are doing a road safety project this year in Meiringsp00rt (Klein Karoo) with Metro this festive season. What I would like to know is how do I go about registering my response vehicle as an emergency vehicle. I have been to the local traffic authorities and they don't seem to be able to help me. Can you please advise.

Answer

The Road Traffic Act requires that you approach the MEC for Transport in the province (the application is for the fitment of markings and lights). The details are available from the registering authority or in the local telephone book. Does that help?

Question

We have quite a dispute at my company about this, maybe you know someone who can settle this for me? According to one of our divisions who use only "bakkies" with normal code 8 licenses, but carrying goods for our customers, they say that their drivers do not need to have PrDP's? Is this correct? According to my understanding, a driver must be in possession of a valid PrDP when carrying any "paying goods or passengers" In this case, we carry parcels to and from the airport and to the customer premises. Thank you for all the good advice and always being ready to help

Answer

The requirement for a PrDP (G) is somewhat different from the PrDP (P) - the first being for goods and the second for passengers. Regulation 115 (1) (a) the gross vehicle mass (GVM) must exceed 3 500kg and (b) is a breakdown vehicle. This is different to the requirements for passengers where conveyance for reward is one of the criteria.

Question

I would like to know what the Road Traffic Act states regarding the towing of a boat plus a trailer behind it.

Answer

A difficult question to answer! The regulatory requirements regarding the towing of a trailer (or combination of trailers) is based on the following points: a) The TOTAL overall length of the combination of vehicles b) The brakes on the trailer (or trailers) c) The Maximum permissible mass (weight) being towed in relation to the tare of the vehicle d) The maximum permissible mass (weight) being towed in relation to the engine power of the drawing vehicle (ie your car / bakkie) THEN there is the whole aspect of loads on the vehicles (ie whether you will be overloaded) as well as the roadworthiness of the vehicles.