Question

Have seen a marked increase of the very dangerous habit of vehicles parking on the incorrect side of the road! In my neighborhood alone it has become quiet prolific. Is this illegal? If so, what is the by-law that states such? And why are the traffic authorities not doing something to curtail this potentially lethal habit?

Answer

The Road Traffic Act regulates how and where parking may take place. This would be an issue to be taken up with the local Metro Police

Question

The question I have is when are Traffic officials going to concentrate on road users jumping red robots/ Stop streets? The amount of times one has to take evasive action to avoid a collision is becoming increasingly more frequently of late.

Answer

Thank you for raising what is clearly becoming a very serious challenge for us. The incidences of red light infringements are increasing daily and our officers, Metro Police Officers especially, are doing their best to address the issue by prosecuting said motorists. The lack of capacity remains a big problem, though. Please let us know of any such transgressions that you come across by calling our Public Call Centre number on 0861 400 800. We will deal with the offender. Make sure you have the car's registration number, date, time and location of the offence. You can also report from the Call Centre section on the Arrive Alive website

Question

I have done loads of Googling on various SA sites to try and find license restriction stuff re medical conditions (UKs Driver and Vehicle Licensing Agency has very comprehensive notes re this), but cant find a source.

Answer

In terms of South African legislation a person who already holds a licence must not be disqualified from retaining the licence due to visual restrictions: A person shall be disqualified from obtaining or holding a learners or driving licence unless (a) in the case of an application for a learners or driving licence relating to the code A1, A, B or EB, such person has (i) according to the Snellen rating a minimum visual acuity, with or without refractive correction, of 6/12 (20/40) for each eye, or where the visual acuity of one eye is less than 6/12 (20/40) or where one eye of the person concerned is blind, a minimum visual acuity for the other eye of 6/9 (20/30); and (ii) a minimum visual field of 70 degrees temporal, with or without refractive correction, in respect of each eye, or where the minimum visual field in respect of one eye is less than 70 degrees temporal, or where one eye is blind, a minimum total horizontal visual field of at least 115 degrees with or without refractive correction; or (b) in the case of an application for a learners or driving licence relating to the code C1, C, EC1 or EC, such person has (i) according to the Snellen rating a minimum visual acuity, with or without refractive correction, of 6/9 (20/30) for each eye; and (ii) a minimum visual field of 70 degrees temporal in respect of each eye, with or without refractive correction. Above is an extract on the visual requirements form regulation 102 of National Road traffic regulations. This also applies to applicants who apply for a new licence or exchange of a foreign licence for a local licence. Where the person is applying for a new licence (i.e. Learners licence and driving licence) the following applies to applicants over the age of 65: in the case of an applicant who is 65 years of age or older, by the medical certificate on form MC as shown in Schedule 2, signed by a medical practitioner or occupational health practitioner, certifying that the applicant is not disqualified in terms of section 15(1)(f) or (g) of the Act from obtaining a learners or driving licence; and Here follows the conditions as listed in section 15(1)(f) and (g) (f) if he or she is suffering from one of the following diseases or disabilities: (i) Uncontrolled epilepsy; (ii) sudden attacks of disabling giddiness or fainting due to hypertension or any other cause; (iii) any form of mental illness to such an extent that it is necessary that he or she be detained, supervised, controlled and treated as a patient in terms of the Mental Health Act, 1973 (ActNo. 18of1973); (iv) any condition causing muscular incoordination; (v) uncontrolled diabetes mellitus; (vi) defective vision ascertained in accordance with a prescribed standard; (vii) any other disease or physical defect which is likely to render him or her incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public: Provided that deafness shall not of itself be deemed to be such a defect; (g) if he or she is addicted to the use of any drug having a narcotic effect or the excessive use of intoxicating liquor; or

Question

I was in an accident in Randpark Ridge today, my father was driving and a man skipped the robot, not our fault and we have wittnesses. We came home to Edenvale and we went to report it to the Edenvale Police who said they could not help us as it would take weeks to get a case number and we had to report the accident to the Honeydew police to get the case number, is this correct or were the edenvale police just being unhelpful and unfriendly. I always understood that you had 24 hours to report an accident at any police station and you would get a case number. Please let me know the real rules regarding this and if the Edenvale Police is correct why is there no education on this? Please let me know as soon as possible. I think that you are doing a great job.

Answer

Regulation 61: Duty of driver in event of an accident this requires that if you have not furnished information regarding the accident to a traffic officer at the scene of the accident, then you have 24 hours to report the accident to any police officer at a police station or at any office set aside by a competent authority for use by a traffic officer. You can report the accident at ANY police station in the Republic.

Question

Hi, I am dazzled about this lady who knocked over my motor cycle... She reversed out of her driveway into the street where my bike was parked ACCROSS the road, against the pavement. The pavement was not in such a state to park on. She knocked over my bike blaming me and telling me that I was not supposed to park there. The distance between my bike and her gate was 7 meters apart. Since this is a residential street, there was no other space to park. Was I wrong? The road is only plus minus 4 meters wide. She told me that I should have parked on the pavement, but isn't that illegal?

Answer

If there were no traffic signs prohibiting you from parking anywhere on that stretch of road, and if the road was more than 5.5 meters wide you were fully legal in your parking of the vehicle. Refer to Regulation 305: parking of vehicles. The other party should be held responsible for her driving actions and consequences thereof.

Question

I will like to know where I must report my lost license except by going to department of traffic. What I am trying to ask is that there is no other way to report lost license by not going to near department.

Answer

You can only apply for a new licence at the local licencing authority. You can report the loss at any police station. This will only assist in the case of claims and sworn statements regarding the existence of a licence. You will have to go back to the licensing authority to have a duplicate licence issued.

Question

I have a query: is it legal in South Africa to have a forward-facing child car seat (for a child of 2 years old) in the FRONT seat of a car (that has no airbags)?

Answer

No, it is not illegal to fit a forward facing child restraint (child seat) in the front seat of a vehicle (with or without airbags). It is, actually, STUPID / DANGEROUS to fit a front facing child seat in the front seat of a vehicle with airbags (even in the back seat where airbags deploy from the back of the front seat). The law does not refer to type or placement of a child restraint (child car seat). The law states: if a child restraint is available, the child must be secured in it (no mention as to where or how fitted). Airbags / lack there-of is not mentioned with regard to seatbelts or child restraints. The manufacturers specifications and guidelines for fitting are what should be followed.

Question

What are the regulations relating to the driving of electric golf carts re the use of same within golf estates unlicensed or underage drivers crossing or driving on public roads within the estate?

Answer

The use of a golf cart (or any type or class of motor vehicle) in / on / through PRIVATE property does not necessitate a drivers licence. It must be noted that in terms of Regulation 5: Motor vehicle exempt from registration (1) (i) vehicles designed exclusively to be used on a golf course may not be used on a public road (and therefore no licence can be acquired for them and they will not be registered for use on a public road). Regulation 5 (2) (b) Crossing the road has to do with the issue of private property being split / intersected by a public road so should you want to cross from one part / side (of the golf course) to the other side / part and you need to cross the road or travel a short way in parallel to the road (less than 1 km maximum), then you would not need a licence to do so.

Question

One of our companies employs a person who is disabled namely has only one arm. The person has a valid drivers licence with the endorsement for physically disabled. We have been "unofficially advised" by local traffic enforcement that unless the person is driving with a prosthesis they will be deemed driving illegally. The company is providing an automatic vehicle but the underwriters advise that cover only exists if the vehicle is being driven by a driver who is operating within the regulations. Unfortunately the local traffic authorities are not prepared to give us anything in writing and we dont know where to obtain "official confirmation/clarity". Any help you could give us will be appreciated. Thank you

Answer

Section 15. Disqualification from obtaining or holding learners or driving licence (1) A person shall be disqualified from obtaining or holding a learners or driving licence“ (a) (e) (f) if he or she is suffering from one of the following diseases or disabilities: (i) . (vi) (vii) any other disease or physical defect which is likely to render him or her incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public: Provided that deafness shall not of itself be deemed to be such a defect; The information given by the traffic authority is incorrect: (a) the lack of a prosthesis does not automatically qualify for disqualification of a drivers licence; (b) the law states quite clearly that the person must be rendered incapable of effectively driving or controlling the vehicle (c) if a vehicle is supplied which adequately allows for this individuals circumstances, and the individual can operate the vehicle under full control at all times, then the person is not in contradiction of the law. Note: the person is not driving a vehicle that has been specifically adapted for a disabled person (as in a person who uses a wheelchair) so this clause is not necessary as an endorsement on the licence. Your driver is driving legally and is in compliance with the law. Should the traffic authorities wish to prove otherwise, they will need to prove clause (f).

Question

I have been approached by WHO to find out the exact wording for the SA seat-belt law. Could you please refer me to the appropriate piece of legislation?

Answer

Regulation 213: Seatbelts (1) For the purpose of this regulation (a) an adult is a person older than 14 years or 1,5 metres and taller; and (b) a child is a person between the age of three years and 14 years, except where such person is taller than one comma five metres. (2) Any reference to a safety belt in these regulations shall be construed as a reference to a seat belt. (3) (a) Motor vehicles which are required to be fitted with seatbelts in terms of the relevant requirements as contemplated in Regulation 216, shall be fitted with seatbelts in accordance therewith. (b) In addition to the requirements of paragraph (a), no person shall operate a minibus the gross vehicle mass of which exceeds 2 500 kilograms, unless seatbelts are fitted to the space on the front seat occupied by the driver, and if such front seat has seating accommodation for passengers, unless seatbelts are fitted for the driver and at least one passenger. (c) No person shall operate a motor vehicle on a public road unless the seatbelts fitted to such motor vehicle are in good working order. (d) Seatbelts fitted to a motor vehicle may only be removed for repair or replacement purposes and such motor vehicle may not be used on a public road while such seatbelts are being repaired or replaced. (e)In addition to the requirements of paragraph (a), no person shall operate a minibus or midibus, first registered after 04 September 2006, operating in terms of an operating licence, unless seatbelts are fitted for every seat in the motor vehicle. (f) The belt configuration for a seat in the rear of the motor vehicle shall be a 2-point belt, also referred to as a lap-type belt with anchorage in accordance with SANS 1430 Anchorages for restraining devices in motor vehicles, and installed in accordance with SANS 10168 Installation of safety devices (Safety belts in motor vehicles). (4) No adult shall occupy a seat in a motor vehicle operated on a public road which is fitted with a seatbelt unless such person wears a seatbelt: Provided that the provisions of this regulation do not apply while reversing or moving in or out of a parking bay or area. (5) No adult shall occupy a seat on a row of seats in a motor vehicle operated on a public road which is not fitted with a seatbelt, unless all other seats on such row which are fitted with seatbelts, are already occupied. (6) The driver of a motor vehicle operated on a public road shall ensure that a child seated on a seat of the motor vehicle (a)where it is available in the motor vehicle, uses an appropriate child restraint; or (b) if no child restraint is available, wears the seatbelt if an unoccupied seat which is fitted with a seatbelt is available. (7) If no seat, equipped with a seatbelt is available in a motor vehicle the driver of the motor vehicle operated on a public road shall ensure that a child shall, if such motor vehicle is equipped with a rear seat, be seated on such rear seat. (8) (a) A seatbelt shall comply with the standard specification SABS 1080 Restraining devices for occupants of adult build in motor vehicles (Revised requirements) and bear a certification mark or approval mark. (c) A child restraint shall comply with the standard specifications SABS 1340 Child restraining devices in motor vehicles and bear a certification mark or approval mark. (9) The MEC may exempt a person from the provisions of this regulation on such medical grounds and under such conditions he or she may deem expedient. (10) An exemption from wearing a seatbelt in a prescribed territory shall be deemed to be an exemption in terms of subregulation (9) for the period of validity thereof. (11) The driver of a motor vehicle shall ensure that all persons traveling in such motor vehicle shall wear a seat belt as contemplated in this regulation.