Question

Answer

At the end of 2006 we would like to thanks those members of the public who provided insight into those aspects where there have been uncertainty - as well as those members from the Department of Transport, RTMC, the AA etc who have responded to these queries. We will continue to work even harder at this in 2007!! Have a safe festive season!

Question

I was hoping that Arrive Alive could provide some advice: a friend of mine and I have been trying to decide whether it is technically legal to warn someone of a roadblock or speed camera, but we can't seem to find anything on the internet to answer our question. Is there any legislation/regulation/case law prohibiting such behaviour, and particularly flashing oncoming traffic to warn them?

Answer

The question is whether this would constitute "Obstructing the course of justice"? There has been reported case law on this! -and the problem for traffic authorities is more one of proof of the offence and intention. The prosecuting authorities would have to prove intention on your part - which constitutes "Will" and "Knowledge of Unlawfulness". This means in practical terms that they would have to prove that you have known that the oncoming traffic has been exceeding the legal speed limit and that you warned them whilst having this knowledge... a near impossible task.... It gets people to slow down, doesn't it..????

Question

I would like to know if there are instances whereby a learner driver may drive a car without a licensed driver with him/her. I have heard that there has been an amendment to this ruling?

Answer

No such amendment at all. All learner drivers must be accompanied by a fully licensed driver for the class (category) of vehicle being driven. Only exclusion is motorcycles.

Question

I have, without success, tried to get information about walking on the roads in South Africa. Is one allowed to walk on a public road? Friends tell me that you may not walk on a Highway, is this true?

Answer

You may walk on the shoulder of any public road facing oncoming traffic (for your own safety). You may not walk on a freeway (unless in an emergency). Highways are main roads with speeds from 80 to 120 km/h and you may walk along them.

Question

I require some assistance with guidelines, rules and regulations regarding public transport, I am looking at starting a transport service for children and I would like to get all the information that I need, ie, if I need a specific license, what liability insurance I need to take out etc. Please could you either send me the relevant information, of if you could point me in the right direction it would be greatly appreciated.

Answer

The provision of any (remunerated) public transport service (on the road) requires the following: a) Professional Driving Permit (PrDP) Category "P" b) Operator's Permit c) Relevant driving licence for the category of vehicle d) Comprehensive insurance of the vehicle e) Third party and liability insurance for the passengers and goods All of the information regarding transportation requirements (a - c) is available from your local registering authority (where licences are issued). The insurance information is available from your insurance company. The vehicle will have to meet RTQS requirements - annual road worthiness testing, etc. This is also available from your local registering authority.

Question

I would like to request stats on the number of vehicles using a specific road, eg vehicles using the N1 per hour, or how many vehicles use Beatrix road?

Answer

Information should be available from the engineering department of the specific local authority. SANRAL has information on the national roads and the provincial authority for the N14. Local authorities are responsible for the streets within that local authority

Question

I would like to know if construction vehicles are allowed to drive at night in non construction demarcated areas. Also - what requirements there are for construction vehicles according to law? I would appreciate speedy response.

Answer

Any vehicle wishing to use a public road at any time must meet the requirements of road worthiness as prescribed by the Act. Construction vehicles can use the road at any time subject to meeting the full requirements of the law. Vehicles that are too large or specially adapted are carried by transporters when necessary to move along a public road (over a long distance).

Question

I need information on legislation regarding passengers on game Drive vehicles, farming equipment, not on public roads. [b]

Answer

ANYTHING that does not move on a public road is not regulated (the only issues that do come under regulation are specified tractors and harvesters) - under licencing and registration. Game drive vehicles are not defined in the Act and are presumed for use in private areas (ie not on public roads). Should these vehicles travel on public roads, then they will need to meet all the roadworthy requirements as detailed in the Act (height, length, lights, seating, safety devices, etc). This is a very broad question (and too lengthy for retyping here) - get a copy of the Act and research the specified vehicle. Also SABS 047 - specifications for road worthiness issues (available from SABS and vehicle testing stations).

Question

We have had several conflicting reports in the local media about about traffic circles in South Africa, and Roundabouts, and the different ways in which these must be treated. Do you have any information regarding this, or if we even make the distinction between the two in South Africa? [b]

Answer

There are only two styles of "circles" in use - no "round-abouts". Traffic Circle - large circle without speed humps preceding circle or at entrance, normally of two lanes or more running clockwise around the centre island. Sometimes can be a painted island, more often than not a very large circle. Usually used in heavy flow areas where the speeds are between 60 and 80 kph. This circle requires all vehicles approaching and wanting to enter the circle to give way to the right, to enter the circle and to indicate lane changes and the points of exit. Mini-circle - a small circle with yield signs at the entrances and speed humps. Usually used in side streets or residential areas where the speed is between 40 and 30 kph. Vehicles must give way to a vehicle already in the circle - and vehicles that reach (cross) the yield line FIRST have right of way (not give way to the right). Generally replace stop streets in an effort to enhance traffic flow - two vehicles traveling in opposite directions may continue through the circle without stopping. Indicators must still be used. Common courtesy and manners is required in both types of circle.

Question

I would like to know if you park your car on a verge well off the road With an advert on it For Sale (stuck on your windscreen) can you be fined for this? [b]

Answer

Very difficult question: in terms of the Road Traffic Act, you would need to ensure that the visibility of all road users is not compromised or restricted in any manner, and that you do not contravene no-parking signs or restrictions on narrow road ways. Vehicles that are left on the side of the road are deemed to be unserviceable and need to be removed asap or will be removed by the authorities (ie in the emergency lane or on the shoulder or roadway). Far removed from the roadway for the purposes of advertising is an altogether different matter. The issue would be the contravention of local bylaws (municipal) as to the display of advertisements and the conducting of a business.