Question

I'm a british citizen in South Africa. I have read on the foreign and commonwealth office website that a British driving licence may be used in South Africa for up to 12months. However my company's insurance company wants written confimation of this. Is there any offical statment from the depatment of transport that can confirm this?

Answer

The allowance is written into regulation 110 of the SA National Road Traffic Act. The only free, legible version I could find was on www.acts.co.za.

In essence, the subject at hand is about reciprocity: if the country which is party to the Convention that issued you with a driving licence would allow the licence holder to drive the specific vehicle, it will also be allowed in any other country which is party to the Convention. Thus, the only requirement for holders of foreign driving licences would be that such foreign driving licence must be maintained as valid.

The one-year limitation is about converting a foreign driving licence to a SA driving licence. A foreign driving licence may only be converted in the one-year period after the holder obtained permanent residence in South Africa.

 

Question

I have received a speeding fine of R200 committed on 19 Oct at 0826, but ihave proof the i was not there at 0826. I passed there about an hour earlier thus the time is out by an hour. To me that mean their equipment is not right??? Should I wait for the summons and go to court.......

Answer

1. One of the biggest and regular mistakes that motorists make is to “wait for the summons” and then never take the appropriate action to deal with the incident.
2. Whilst the implications of this practice are not as prejudicial to your case under the stand alone enforcement of the National Road Traffic Act as administered by the Criminal Procedures Act, under the Administrative Adjudication of Road Traffic Offences (AARTO) Act, doing so will have very expensive consequences.
3. Even though the AARTO Act has only been implemented in Tshwane and Johannesburg at this stage, it is due for national rollout next year and everyone should be preparing for the procedures prescribed under this Act now so they do not engage in old habits when it does come into countrywide operation.
4. The AARTO Act provides a number of forms to deal with each infringement should one wish to contest an infringement notice and these must be used in accordance with that act.
5. Elsewhere in the country, one has the option to either use pre-printed forms issued by the various traffic authorities or write a letter to the Chief Traffic Officer or Public Prosecutor – depending on how far down the line the notice is.
6. In your case, it would be best to write to the Chief Traffic Officer in the first instance stating that you were not at the location at the time of the alleged offence and providing proof thereof. This letter should be sent by registered mail or via email (with a read receipt). You should follow this up regularly until such time as you get a response. You could also visit them directly.
a. If the response comes back as “rejected” or if it comes back with a reduction of the fine, you should not let it rest there and should take it to the public prosecutor.
b. If the fine is cancelled, then this would be the correct action.
7. Should the result be as in (a) above, you should repeat your representation to the public prosecutor and if the result is still a reduction or rejection then you should defend this in court.
8. Time, date and place are fundamental to the law and if a clock is out on an SME device, the problem is owned by the traffic authority. Where you were an hour earlier etc. is irrelevant and I would not state this in any representation or argument. The fact is that you can prove that you were not there at the date and time alleged. The notice dies not say “at this time or somewhere around there within a 24 hour period” it quotes an exact time.
9. The amount of the fine is irrelevant, however I will also point out that under the AARTO Act that fine would be approximately R500 as all AARTO fines are generally 2½ times higher than old style fines and carry points on your license with them.
10. We do not offer this advice because we think speeding is right. Quite the opposite – but we also believe that law enforcement must be conducted correctly, fairly and equitably. Our advice to every motorist is to try and stick to a speed of 10km/h under the speed limit to avoid breaking it, but to also remember that there is a lot more to collisions than speed only and to ensure that your driving habits are in line with what is right.

Question

Can you please let me know how the point system will work regarding truck overloading?

Answer

If the vehicle that has been charged for overloading belongs to an operator the notice will be issued  in accordance with the provisions of section 49 of the National Road Traffic Act, 1996, this means that the driver will be issued with an infringement notice and when this notice is captured onto the National Contravention Register will the same notice be generated for the operator.

If the ordinary man on the street is charged for overloading a vehicle only the driver of the vehicle will then be issued with an infringement notice.

I hope this explanation is in order.

Question

I would like to know which vehicles should have a compulsory fire extinguisher. I'm particularly asking about a hyundai bakkie which is for commercial use.

Answer

In terms of Reg 260 - only buses and minibuses that are used for reward need fire extinguishers.

Question

International driving permits. My wife and I are foreigners and don't have permanent residency yet. We therefore cannot convert our foreign permits to South African licences. I have tried to read up on the type of international driving permit that is allowed in SA but I can’t find a concise answer. There are two main types’ of IDL's the one issued by the Automobile Association (AA) of local country (in this case my home country)-this is normally valid for one year and have to renewal every year. The second type is the one issued by International Automobile Association (www.idl-iaa.com) valid for up to ten years. We are on the latter one and this is valid for ten years. This matter was raised when reviewing my wife’s car insurance policy and they said they only accept the one issued by the AA. The two types of licences are exactly the same in terms of requirements to obtaining them; they just differ in the length of their validity. I would like to hear an expert opinion on this. Thanks.

Answer

Any international driving permit (IDP) issued in terms of either the International Convention relative to Motor Traffic (Paris, 1926), the United Nations Convention on Road Traffic (Geneva, 1949), or the United Nations Convention on Road Traffic (Vienna, 1968) is acceptable in terms of the National Road Traffic Act (Act 93 of 1996) Section 23 and Regulation 110.

A comment is included in some publications of the Act that the IDP is ‘issued by the AA of SA’ but this comment is not part of the law, it is only for information. Thus you may query the insurance company regarding the acceptance of the IDP. Please note that in effect the IDP is only a convenience / standardisation document so that countries in which the holder travels, understand the authorisation contained in the original driving licence. When the IDP is eventually converted, the original driving licence on which the IDP was based shall accompany the application and must still be valid at the time of such application. Thus, the IDP cannot effectively extend the validity of the base licence.

Question

I have started noticing a lot of cycling teams and cyclist being followed by vehicles using amber lights on the car roof, they let traffic pass but doesnt block traffic. Is it illegal for them to use amber and clear lights or is it a good measure for awareness to other motorists?

Answer

In terms of section 81 of the NRTA 93/1996.

An MEC may, subject to such conditions and upon payment of such fees or charges as he or she may determine, authorise in writing, either generally or specifically, the operation on a public road of a vehicle which does not comply with the provisions of this Act. The authority is granted for a period of 1 year.

In order for us to check on this vehicle we would need the number plate to verify if the owner has obtained the necessary consent.

Question

We are planning to get a 15 seater Quantum to carry people to and from church on Sundays. We have received conflicting advice on whether each of the 10 drivers used on a rotational basis, would need a professional driving permit. Apparently Regulation 115 says we will need a PrDP for each driver and Regulation 138 and 142 states that the vehicle need to be certified roadworthy six months before it's license renewal in order to receive a roadworthy certificate and 'P' operator card. Where can I get more information on all the requirements we will have to adhere to?

Answer

The information is absolutely correct.The vehicle is designed to carry 12 or more persons including the driver and therefore the driver needs a category P professional driving permit. It is also true that the vehicle must be certified roadworthy, not more than 6 months before the vehicle licence is renewed annually.

Remember that even if the vehicle is being operated by only the driver with no passengers, s/he requires a PrDP.

Question

Is there a legal implication on the equipment I can use to test my drivers (they have to have PDPs) for being under the influence while driving. Does the equipment have to be registered etc. How is this info documented for CCMA?

Answer

Although no formal specification or approval is available for portable breath testing equipment there are many parameters that need to be met when testing in a workplace appliaction.
 
The unit used must have a fuel cell sensor "no other type allowed"
The unit must be able to have calibrations performed on it.
The operators of the equipment must be trained and certified
 
The Lifeloc range of proffesional breathalysers is used in a wide variety of applications including: law enforcement, industrial, transport, mining, haulage and many more.
 
Please feel free to contact me and i can discuss this with you in more detail.
 
Kindest Regards
Thorsten Lotto
031 202 0094

Question

My 17yr old daughter took my car and went to the petrol station the other night, she has only got learners licence and as it happens, the car infront of her stopped suddenly to turn right ( no brake lights) resulting in her hitting him directly on the rear bumper. He reported the case to the police on the 19th claiming that the accident had just taken place and that she hit the car on the right rear end.( blatent lie) He is now claiming R11 500.00 from me for scratches to his bumper as he said I was driving the car . I took photo's of his damage and also noticed that his car was previously involved in a side impact as the body putty is clearly visable and he admited to the fact. He is still driving the car with no brake lights. How can I prove that the damages he says I caused is not as a result of the accident between him and my daughter, and is there anything one can do about his break lights as this renders his car unroadworthy and he is a danger to other road users.

Answer

Firstly your daughter should be accompanied by a licensed driver. With regards to the false claims made by other driver I suggest that hand over all the photographic evidence to your attorney for advice. Also contact the local traffic department in your area to heave a look at roadworthy status of the vehicle.

It is difficult. Your daughter will have to report the matter to be able  to use the statements of the witnesses who saw the other driver’s vehicle was not roadworthy.

It may be the best to report it and get the statements on record and then refuse to pay his damage. If he wants to claim the money from you he would then need to go to court. You can request the witnesses to testify on your daughter’s behalf.

It is seldom that the SAPS will charge someone for not having a licence when the they do not charge them for negligent driving as well.

 

Question

Is it wrong for passanger to drink in a moving vehicle and the driver is not?

Answer

It is not illegal - but is is unsafe and could provide a distraction to the driver..