Question

[b][/b] I would like to know what the rules of the road are as applied to indicating in traffic circles. I recently wrote an article in which I complained about people who don't indicate when they are turning in a traffic circle, so when I enter the circle, thinking I can go straight, they get furious with me because they were turning across my path. But many people wrote into me to say that the rules of the road in South Africa are that it is not necessary to indicate in a traffic circle as all cars not in the circle are expected to yield to those that are. I am certain this is incorrect. Can you shed any light. Please be aware that I would like to publish your response in a follow-up article, so provide the name of the person they can be attributed to. [b]

Answer

[/b] I am not sure where the "urban legend" has started regarding signaling at traffic circles / mini-circles. Any instance where traffic lanes converge / cross / intersect would, per definition, be regarded as a road junction. This being so, the following Regulations are applicable: [b]Regulation 284. Definitions[/b] "traffic circle" means a junction which contains a traffic or painted island, around which a road user travels in a clockwise direction, and "roundabout" shall have the same meaning; [b]Regulation 301. Right of way at certain road junctions[/b] The driver of a vehicle on a public road shall, when he or she intends entering any portion of a public road which constitutes a junction of two or more public roads where vehicular traffic is required to move around a traffic island within such junction, yield right of way to all vehicular traffic approaching from his or her right within such junction, unless his or her entry into such junction is controlled by an instruction given by a traffic officer or a direction conveyed by a road traffic sign requiring him or her to act differently. [b]Regulation 300. Driving signals[/b] The driver of a vehicle on a public road who intends to stop such a vehicle or suddenly reduce the speed thereof, or to turn such vehicle to the left or to the right, or to move such vehicle to the left or right on the roadway, shall give a conspicious signal, in the manner prescribed in regulations 324 to 328, of his or her intention, visible to any person approaching him or her from the front or from the rear or from the side, and of a duration sufficient to warn any such person of his or her intention. Thus, based on the information supplied above, it is required of all drivers of vehicles to signal their intentions when entering and leaving a road junction (read as traffic circle).

Question

[b][/b] How many children (approximately 10 years old) can one transport in a Ford Ranger (Double cab)? The vehicle has a canopy over the bakkie section. The children will be transported from school to sporting events. The vehicle has a load capacity of 1 ton and I have been advised that one can load the vehicle with as many children up to the weight of 1 ton. Please advise as soon as possible so that I may end my dispute with the person concerned. [b]

Answer

[/b] Including the driver of the vehicle, you may transport a total of five (05) persons (one passenger front, three passengers rear seat) as demarcated by the safety belts in the vehicle. The load area of the bakkie (light commercial vehicle) is design for carrying GOODS - not PERSONS. Should you wish to carry persons, then you would have to meet the seating and safety requirements as noted in the Road Traffic Act. These requirements deal with seats and their fixtures, width and space around them. The requirements are obviously aimed at vehicles designed to transport passengers (ie manufactured with seating capacity from the outset). It is NOT advisable to carry ANY persons in the rear load compartment. You will encounter insurance and liability issues should you have an accident and these persons are injured or killed. If you are carrying children for school events, you will need to clearly inform the parents / guardians of these children that they are being carried in the back of a bakkie (will not be in proper seats and will not be securely fastened in seatbelts).

Question

[b][/b] What does the law says about 4 wheel vehicles (quads) some authorities let you license them to drive on the road, some do not. All I actually want to know, am I allowed to cross a road tar or gravel with one, am I allowed to drive on the shoulder of a road with one, (on the gravel part next to the tar road)? Help please...... If I make all the necessary changes like lights mirrors etc, will I be able to license one ? [b]

Answer

[/b] In terms of the NRTA (Act 93 of 1996 as amended), a quadrucycle is referred to as: "motor quadrucycle" which means a motor vehicle, other than a tractor, which has four wheels and which is designed to be driven by the type of controls usually fitted to a motor cycle. All motor vehicles are liable for registration (Regulation 3) and licensing(Regulation 18) apart from those exempted under Regulation 5 (long list). Quadrucycles are not amongst this list. The MEC may charge a "flat rate" for vehicles not used on "a public road". Crossing a road / driving down a road (less than 1 km) is seen as not using a private road. The shoulder of a road (gravel section) is still part of a public road. Quads were not designed for "normal" transport on roads - so all the necessary requirements will have to be met (lighting, mirrors, brakes, tyres, reflectors) before it can be registered for public road usage.

Question

[b][/b] Require information about Emergency Triangles. Is it law now to have one in each vehicle and from when effective? [b]

Answer

[/b] Regulation 214 All new motor vehicles first registered after 01 July 2006 must carry one warning triangle. * motor vehicles excludes ambulance or motor-car first registered before 01 July 2006 * also excludes motor cycle, motor tricycle and a motor quadrucycle

Question

[b][/b] I understand that in 2005 legislation was passed that makes it illegal for persons to be transported on the back of a bakkie. Is this true and if so, please provide me with some information. [b]

Answer

[/b] [b]Regulation 247: [/b] No goods vehicle may carry persons unless the compartment is closed to a heigt of at least 350 millimetres above the surface on which the person is seated, or at least 900 millimetres above the surface on which the person is standing; and [b]Regulation 250:[/b] No person shall on a public road carry any person for reward in the goods compartment of a motor vehicle. Although there is no outright "ban" on using ldv's (bakkies) for transporting passengers, the above two regulations obviously preclude them from being used. However, this is the only form of transportation for many people, and although many calls have been made for the practise to be banned, it has not been passed as yet.

Question

[b][/b] How is the fine determined when caught exceeding the speed limit in KZN? Please help. [b]

Answer

[/b] There are set fines (maximums) per province. This is what the officer puts on the notice (of intent to prosecute) - called a ticket by the public - and is what the "fine is" as would probably be imposed by a court. It is also referred to as an admission of guilt fine. Should the alleged offender not pay (an admission of guilt fine) and thereby decide to go to court, the state prosecutor will ask the court to impose the maximum fine and the magistrate will - after hearing the case - decide on what fine to set (many times less than what is set by the province). Each local authority has, however, different fines as set by the various magisterial clusters. No set fines - this will be brought about by AARTO. We have just completed a national table (standard) for proposal to the Ministers of Transport and Justice.

Question

[b][/b] Please can you advise me – a friend and myself nearly came to blows about driving with your dim/park lights. I got my license about 30 years ago and was always under the (perhaps misguided) impression that park lights were used for parking and not for driving – this young man got his license 8 years ago and says that it is ok to drive with your park lights. I do try and keep up with all changes to the rules of the road but perhaps I missed this one. Last year I listened to a talk with Johan van Baagen, the local traffic guy on East Coast Radio and remember him saying that driving with park lights is an absolute no-no. Please – which is it? [b]

Answer

[/b] Parking lights are for identifying a vehicle to other road users in bad lighting conditions whilst parked, or in instances where visibility may be restricted. At all other times, whilst in motion, and if in inclement weather (***r visibility), the dimmed main lights must be used - not parking lights.

Question

[b][/b] I want to know if a speed trap, with officer may be hidden. They claim that the officer is just doing speed checking, but how on earth can you receive a fine if this is the case. I want to know if it your right as a South African citizen to inspect the speed recorded, to identify the road markings and the legality of the instrument? You just receive a fine, and they know most of the time it is not possible for you to defend it in court. Thus you don’t pay it. [b]

Answer

[/b] Speed timing (our term for speed trapping) is done strictly according to guidelines set by the Criminal Procedures Act. All speed timing is done on the basis that the alleged offender retains the right to ask the prosecution to prove competency, calibration, serviceability and all technical issues related to the device. Officers are allowed to "hide" whilst doing the law enforcement - whether we like it or not. Approach the Automobile Asociation (AA) for guidelines regarding contesting speed enforcement Further to this, all automated (electronic) speed enforcement is controlled by the prosecuting guidelines (Section 29) of the CPA.

Question

[b] [/b] I'd like some information regarding transportation in Daycares. I've searched and couldn't find anything. Are kids under the age of 5 at Daycares allowed to be transported by a bus to and from an outing? What about the law about kids must be buckled in, wouldn't it count here? Could you please help me with information. Also if a car has 3 seatbelts at the back and you are transporting someone else’s child on an outing (2 year olds) how many kids are you allowed at the back? I was told that there should be 2 kids and an adult, is this correct? Sorry for the questions, but I really want to gather all info I can before I make a decision to let my child go on an outing. It's my child's safety here. [b]

Answer

[/b] The law is quite clear on transportation of persons. All references are made to the National Road Traffic Act (Act 93 of 1996 as amended): Regulation 213: deals with seatbelts comprehensively. It is the responsibility of the driver to ensure that all children aged 3 - 14 years wear a seatbelt (below 3 years in a child restraint). A light motor vehicle can transport five persons (there are five seatbelts available). If any person under three is being transported, the person shall be in a child restraint. No ratio of adults to children is mentioned: ie a mini bus (16 seater) could have the driver, one adult to supervise and 14 children in child restraints (if all under three years). It is further important to note that the driver needs to hold a PRdP (P).

Question

I heard via the proverbial grapevine that a law had been passed on trailers, and the need for "yellow chevron stickers" on trailers. Is there any truth to this? If it is true, how is this applicable to boat trailers? How much "yellow chevron stickers" is needed and where are they meant to be placed on the trailer?

Answer

] In terms of Regulation 192(A), all trailers must conform to contour marking as stipulated in Regulation 192. This means that the length and width of the trailer must be marked with the prescribed material (yellow retro-reflective tape). The marking must be a minimum of 80% of the width and length. New trailers from 01 July 2005, all other trailers (including venters, bike trailers, boat trailers, caravans and the like) from 01 January 2006. This applies to all trailers that are towed, irrespective of their gross vehicle mass, length, width or height. Tape is available from Midas outlets, hardware stores, Game and the like at R30 per meter.