Question

[b][/b] How do I claim from the roads department for damage on my car on a national road due to potholes. [b]

Answer

[/b] If the road is a national road - then the jurisdiction is that of SANRAL and all correspondence must be forwarded to them (offices in Pretoria). Provincial roads and routes are the domain of the provinces and each provincial department will have to be engaged with.

Question

[b][/b] Inform me about laws on cattle on roads. Who is at fault when an accident is caused by livestock on roads due to farmer's gate being left open. [b]

Answer

[/b] A farmer can be held responsible for damages if it can be proved that the cattle belonged to that farmer and that he left his gate open. There are a few cases in case law on this. The fault lies in negligence -in that he should have foreseen that accidents could occur if he does not take the reasonable steps to ensure that they are behind fence and gate. ..it unfortunately becomes more problematic in informal settlements and rural communities where the fences have been stolen or you don't know whose animals are involved..

Question

I would greatly appreciate if you can share with us more information on obtaining the PrDP permit. Also, please advise if the PrDP permit is similar to the PDP (Professional Drivers Permit) used by taxi drivers, bus drivers, etc. The information that I am looking for is: * Where can a PrDP permit be obtained from * What is the procedure/process to obtain one * What is the cost for the whole process * How long is a PrDP permit valid for. [b]

Answer

[/b] A PrDP is obtained from the nearest licencing authority. Three categories "P", "D" and "G". The PDP was issued under the old Road Traffic Act. You require a PrDP "P" for passengers. Fees and the application forms are obtained from the licencing authority - you have a health check, a police record check and an eye test and must hold the relevant correct driver's licence. The PrDP is valid for two years and must be renewed at the licencing authority.

Question

[b] [/b] Is there a minimum speed limit for driving in the right lane of the Freeway? If so in which Act and/or Regulation will I be able to find it. [b]

Answer

[/b] The minimum speed for driving on the freeway is 50 kph (all lanes). The maximum speed is 120 kph (all lanes). The lanes are not individually identified for speed restrictions. Traffic entering the freeway must do so at the same speed as the traffic already flowing in the left-hand lane.

Question

[b][/b] Do you know whether call code 8 operators are required to have a Professional Driving Permit? If not, may we impose on you to ascertain this information from the Department of Transport? We would greatly appreciate you providing us with the different type of code licenses required for passenger vehicles, motorcycles and trucks. Also please advise if all these operators must have a Professional Driving Permit. [b]

Answer

[/b] There is no such thing as a Code 8 driver's licence. The codes of licence are as follows: [b]Code A1[/b] Motorcycle with cylinder capacity not exceeding 125cc Allows motorcycle with sidecar, motor tricycle and motor quadrucycle - engine capacities not exceeding 125cc [b]Code A[/b] Motorcycle with cylinder capacity exceeding 125cc Allows motorcycle with sidecar, motor tricycle and motor quadrucycle - engine capacities exceeding 125cc [b]Code B[/b] Motor vehicle: tare not exceeding 3500kg with or without trailer, GVM of trailer not exceeding 750kg (does not include an articulated vehicle). [b]Code C1[/b] Motor vehicle: tare exceeds 3500kg but not exceeding 16000kg with or without trailer, GVM of trailer not exceeding 750kg (does not include an articulated vehicle). [b]Code C[/b] Motor vehicle: tare exceeds 16000kg with or without trailer, GVM of trailer not exceeding 750kg (does not include an articulated vehicle). [b]Code EB[/b] Articulated motor vehicle: gross combination mass of truck tractor does not exceed 3500kg, with a trailer, the GVM of trailer exceeds 750kg. [b]Code EC1[/b] Articulated motor vehicle: gross combination mass of truck tractor exceeds 3500kg, but does not exceed 16000kg with a trailer, the GVM of trailer exceeds 750kg. [b]Code EC[/b] Articulated motor vehicle: gross combination mass of truck tractor exceeds 16000kg with a trailer, the GVM of trailer exceeds 750kg. The PrDP is determined in two ways - (1) the class of vehicle being driven - GVM or GCM over 3500kg a PrDP is necessary and (2) the use of the vehicle - for transportation of goods (people, goods or dangerous goods) for profit (dangerous goods has an exemption limit).

Question

[b][/b] I've heard that there's legislation on the way regarding the towing of a second vehicle, ( Eg Towing a Boat Trailer! behind a Caravan ) Is this true and is it in fact presently legal ? [b]

Answer

[/b] At present you may tow a trailer or boat behind your caravan. There are three things that apply: 1) The total length of your combination of vehicles may not exceed 18,5m. 2) The total mass of the trailers being towed may not exceed the tare of the towing vehicle (based on the GVM's of the trailers and the brakes equipped). 3) Depending on the individual mass of the trailers being towed then each trailer must be fitted with a braking system (parking brake or service brake as required by legislation). 4) You may not tow more than two trailers behind your vehicle.

Question

[b][/b] Is it legal /roadworthy to fit colour lights (in addition to existing) on your vehicle? [b]

Answer

[/b] The legislation is very clear about lamps and colours (called lights by you and me). Only registered and authorised individuals / authorities / organisations may fit any other coloured lamps (lights) other than, white, red and orange as fitted to the vehicle by the original manufacturer (this covers main lights, indicators, parking lamps and brakes). All other coloured lamps (eg blue, green, red, orange, white, yellow) that are attached as extra lamps (as emergency lamps, etc) are required to be fitted by authorised fitment centres for specific purposes. Even the colour, placing and number of spot (driving lamps) and fog lamps are regulated.

Question

[b][/b] Can you tell me if it is legal to lane split with a motorcycle between traffic if the traffic is stationary or even moving. [b]

Answer

[/b] The Road Traffic Act refers to "changing lanes" associated with overtaking or with changing direction. Use of indicators is compulsory (to signal intent). Weaving between columns / rows of vehicles is illegal and constitutes reckless / negligent driving. A vehicle is meant to stay in its lane until it changes direction.

Question

[b][/b] Is there not merit in cycling on the right facing on coming traffic like pedestrians. As a cyclist I will feel safer if I face the oncoming Traffic. [b]

Answer

[/b] A pedal cycle is seen as a vehicle (by virtue of being self-propelled and on wheels) - although separately defined in the Road Traffic Act. Regulation 296 Vehicle to be driven on left side of the roadway (1) Any person driving a vehicle on a public road shall do so by driving on the left side of the roadway All vehicles need to travel in the same direction to remove any confusion that may exist as well as to assist in flow. Pedal cycles (bikes) are an anomaly as they are slow and small. It is always in your best interest to assess the situation carefully and to travel where it is the safest for you (ie specially allocated cycle routes / paths / lanes) or away from the (motorised) traffic.

Question

[b][/b] Can you assist with the exact wording for the SA motor-cycle helmet law or please refer me to the appropriate piece of legislation. [b]

Answer

[/b] [b]Regulation 207 Compulsory wearing of protective helmet[/b] (1) No person shall drive or be a passenger on a motor cycle, motor tricycle or motor quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless he or she is wearing a protective helmet - (a) which is specially designed for use in conjunction with such cycle; and (b) which fits him or her properly and of which the chin strap is properly fastened under the chin. Please note: a person may drive a motor cycle that is fitted with seat belts if the driver and passengers wear such belts, without wearing helmets. Sections (2), (3) and (4) have not been added here. These deal with passengers, pedal cycles and the introduction of motor cycles that do not require helmets.