Question

I would like to find out if I require a year license for a quad bike?

Answer

As of 27may 2009 all quadbikes are exempt from licensing.

Question

I'm trying to find out what the legal parking distance is from a domestic driveway. Some say it's 1m; others say it's two or three times that.

Answer

No distance is specified in the legislation in terms of where you are or are not allowed to park in relation to a domestic driveway.

The official wording of Regulation 305 (1) (e) and (f) is as follows:

305.   Parking of vehicles
(1)  No person shall park a vehicle on a public road—
(e) in such manner as to encroach upon the sidewalk, if any; or
( f ) in such manner as to obstruct any private or public vehicular entrance to such (public) road.

Question

I have purchased a brand new trailer from Makro and i cannot lisence it as all of the licensing departments are closed over this time and only open again on the 4th jan 2010. I will be going on holiday with the trailer. I went to the police station and filled in an afridavit to say that i Purchased the trailer and that i am in posession of the paper work and that i will licence it as soon as i return. Is this ok?

Answer

The seller should have provided you with a temporary permit that is valid for 30 days.

Question

Is there a policy/procedure manual for traffic officers on: (1) How to take possession of an arrested motorist's personal belongings(including the car), and (2) How to hand back the possessions of the arrested motorist once he is released?

Answer

When a motorist is arrested the accused and his or her property is handed over to the SAPS. The SAPS will then enter all the accused property in the SAPS 13. Once released from custody the belongings will be given back to the accused. The accused must sign receipt thereof when receiving the belongings. In some cases the police will request that traffic official keep the vehicle at the traffic pound and once the accused is released the same procedure follows.

Question

May an officer of the law entrap people leaving a bar/restaurant etc, by waiting for and watching them leave in their vehicle and then stop the driver within 50 m of driving the vehicle?

Answer

Once a person gets behind a steering wheel and drives on a public road no matter what the distance is, that driver can be stopped at any time. When an officer stops a vehicle he or she must be in full uniform. Enforcement is conduct in areas where there is a need to kerb deviant driver behaviour and in red spot areas, enforcement is also carried out in areas where there is an outcry from the public. 

Question

We are moving from East London to Pretoria soon and need to transport our dogs in a loose fitted dog box. It will be strapped onto our riverboat which is on a trailer. Is this legal?

Answer

As long the animals are properly secured and there is enough ventilation for them then it is fine. Also view: Traveling with Pets

Question

I went to a dealer to look at buying a new scooter. The dealer told me that the minimum enigine capacity for a motorcycle on the highway is 90cc. I always thought this was 125cc and the bike had to be more than that, so even if you had a 125 scooter you were still not allowed on the highway. Can you tell me what the latest legal limit is? Does the limit apply to all parts of the highway at all times of day? I have to travel on the N1 for about 1.5km during peak traffic.

Answer

If the question is about FREEWAYS, then the rule is that motorcycles of 50 cc or less are not allowed on freeways at any time of the day or night.

Here is the official wording from the Road Traffic Act:
323.   Special provisions relating to freeways
(1)  No person shall operate on a freeway—
(c)
a motor cycle having an engine with a cylinder capacity not exceeding 50 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (b) of the definition of motor vehicle in the Act;
(d)
a motor tricycle or motor quadrucycle;
This rule is the general rule if there is no road sign governing motorcycles on freeways.

On the freeways in Jhb that there are signs that say ‘No 125cc’ motorcycles beyond this point." This is probably where the person got the idea from.

So ... the general rule is: NO M/cycles 50 cc or less on ANY freeway.

On some freeways, probably where there is a high density of traffic, there may be a further restriction on that stretch of the freeway that prohibits any M/cycles that have a higher engine capacity too ... like 125 cc. I have not seen the actual signs myself, so I am not in a position to state exactly what such a road sign is prohibiting.

As always, ANY rule of the road applies unless there is a road sign or a traffic office giving a different instruction in a particular situation.

 

Question

Can you be charged for driving under the influence of alcohol if you are only driving in a Parking Lot?

Answer

The definition of public road means any road, street or thoroughfare or any place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access and includes-

(a) the verge of any such road, street or thoroughfare.

The public has access to a parking lot therefore it is considered as a public road therefore enforcement can be done.

Question

Hi, I oved to the UK 2 years ago and swapped my South African drivers licence for a UK licence. I was caught drink driving on that licence and received a ban in the UK I am moving back to South Africa - Am I allowed to drive in RSA?

Answer

You may only drive on a valid licence that is free of endorsements. When the ban is lifted you may use that licence again.

Question

Good Day, could you please advise whether the Fine and Demerit system applies to vehicles above 3,500kg only. What about the ordinary man in the street in his passenger vehicle? Is any part of this system applicable to him?

Answer

Dear Denis

Thank you for your enquiry.   Indeed the Points Demerit System will apply to ordinary light passenger/delivery vehicles too.  Upon implementation, the applicable demerit points will be levied for infringements.  Kindly note that currently, the points demerit system is not yet effected but only used as an educational tool to inform motorists of the number of points that would have been allocated to their records, were the system already effected.  This is being used to effect a positive behavioural change on motorists to comply with the law and drive more responsibly.

Regards
Japh