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The Expert will be specific knowledgeable people at the Department of Transport, Arrive Alive Communications, the Road Traffic Management Corporation or others who might have the expertise to answer the question.

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Time frame for blood tests to be done ⇩

Question

Within what period of time (from arrest) must a drunken driver submit to blood tests to determine his blood alcohol level?

Answer

Within 2 hours of the arrest

Load on bakkie and flags ⇩

Question

Please let me know how far out of the bakkie a plank is allowed to 'stick out', and what the legal requirements are of tying it up and red flags etc

Answer

REGULATION 227 (1) (a) (iii) states that the legal limit for rear projection must be more than 1.8 metres.

Regulation 229 (2) (b) speaks about red flags.

If the load projects more than 300mm then red flags have to be used. The flags must not be less than 300 millimetres by 300 millimetres.

Transporting people on bakkie ⇩

Question

Today one of our drivers was issued with a fine for 'conveying persons unsafely in a goods vehicle x 4'. He was transporting 4 of our workers in the back of a Ford Bantam (with a canopy). Is it illegal to transport people in the back of a bakkie?

Answer

The road traffic act states in regulation (247) that no person shall carry people in a goods compartment of a vehicle for hire and reward. The act further states that if you are carrying people not for reward (your own workers)in a goods compartment then following provisions must apply if the person is seated the sides must be of a height of not less than 350mm and if the person is standing a height of not less than 900mm. If tools or equipment are conveyed it must housed in separate compartment. Sometimes when people are being transported in a bakkie we notice that the rear hatch is opened and people sticking parts of their body out the vehicle which compromises safety. 

Width of public road ⇩

Question

I would like to know if there is a law regarding the width of a public road from the yellow line to the white line and outside the yellow line.

Answer

These widths are governed by engineering principles and design guidelines, not by law.

Guidance on driver conditions ⇩

Question

Do you guys have a Line Haul (long distance driving) Procedure Booklet / Document? E.g. how often a driver must stop, rest, walk around, sleep, etc? How do you train drivers to become long distance drivers? The mental and physical challenges?

Answer

Operators have training programmes (of varying complexity and scope) for their drivers and the roles they may fulfill. There is no standard manual / booklet for this purpose.

Currently - the basic conditions of employment plus the parameters accepted by unions and employers at the Bargaining Council define the hours of operation and the necessary rest / relaxation periods.

Calculating vehicle mass of horse and trailer ⇩

Question

We rented a horse and trailer. On the horse the weight plate says:T 6520kg, V14230kg, DT 41000. On the trailer the plate says T 5860kg, V 13700 kg and DT says 41000. What is the actual load that can be carried by this horse and trailer? We put the whole lot on a weighbridge and they came up with 23660kg. Was this vehicle overloaded? Please explain the meaning of all these letter and figures. The horse is only a horse and does not have a carrying compartment.

Answer

Thank you for your enquiry.

T - Tare - empty mass of vehicle with fuel V - Gross vehicle mass - maximum mass on the wheels of the specific vehicle DT - Gross combination mass - maximum mass of the vehicle and any trailer drawn by it

Note that the tare does not include the mass of items added on the vehicle over and above the tare.

Theoretically the maximum load on the truck tractor is 14230 - 6520 = 7710kg In the same manner, maximum load on the semitrailer is 13700 - 5860 = 7840kg The maximum load on the combination limited by the DT of the truck tractor is 41000 - 6520 - 5860 = 28620kg but this is more than 7710 + 7840 = 15550kg allowed for the total of this combination.

Thus the maximum operative mass for the combination in your specific case is 15550 + 6520 + 5860 = 27930 kg. Another way of calculation is GVM + GVM = 27930kg

------ For interest sake:
If an interlink with the same tare and GVM as the semitrailer was added to the combination, the maximum load increases by another 7840 kg, i.e. 15550 + 7840 = 23390kg.
The maximum load on the combination limited by the DT of the truck tractor is 41000 - 6520 - 5860 - 5860 = 22760kg so now the load it is limited by the GCM of the truck tractor :). The maximum operative mass is 41000kg in this case.

Licensing of quad bikes ⇩

Question

In 2007 I purchased a new quadbike from a dealer. One year later I received a licence renewal notice for the quad in the post. Seeing as this vehicle is used solely off road I do not see why it requires a licence. I also have a quad which i bought 2nd hand but did not have to do a change of ownership at the local authority so this one is not licenced. Is a licence manditory and would I now also have to register the 2nd hand one? I understand the need to licence road going vehicles but I do not understand why i would need to licence a pure off roader. I cannot see any value to doing this apart from enriching the authorities.

Answer

Section 4 of the National Road Traffic Act requires that all motor vehicles be registered and licenced. Before this Act came into force in March 2001, the old road traffic act limited registration and licensing to vehicles operated on a public road. Thus, since March 2001, tractors and trailers used on farms, offroad motor cycles, harvesters, graders, frontloaders, forklifts etc. are liable for registration and licensing.

Quadrucycles were exempted from licensing on 27 May 2009. These vehicles must still be registered on every change of title holder or owner, but licensing is no more required. Arrears and penalties have been added to the accounts of owners of unlicenced quadrucycles.

 

Age requirement for front seat passengers ⇩

Question

Is there rule regarding th age of children sitting in the front seat?

Answer

There is no rule that prevents children from sitting in front seats but however the regulation that governs the wearing of seatbelts is mentioned below. Please take note


Regulation 213 of the National Road Traffic Act (ACT 93/1996) is fairly complicated. It deals with adults and children separately.

Adult – 15 years and older and or 1.5m and taller.

Child – between 3 – 14 years, unless taller than 1.5m.

Children: under 3 years – Do not have to wear a seat belt. If a child restraint is available in the motor vehicle, the child must be seated in it. (Child restraints are not compulsory, but a child must be seated in it if there is one in the vehicle).

Children: 3 years to 14 years – the driver must see to it that a child is seated in a seat with a seatbelt, if one is available. (If the driver and a child are driving in a vehicle and the front seats are equipped with seatbelts, but the rear seats are not, the child must sit in the front seat and wear the seatbelt). The driver will be charged if a child under 3 is not wearing a seatbelt in a motor vehicle, and a seat with a seatbelt is available in the vehicle.

Retaining licence ⇩

Question

I am in an extremely frustrating situation. I did my driving license in 1993, in 1999 i exchange my SA license to a UK one as i was living in the UK for almost 6 years. My UK license is valid till 2011, however i returned to SA in December 2004, on my arrival no one at the passport control mentioned to me that i only have a year to exchange my UK drivers back to an SA one. Long story made short, i thought since my license is valid till 2011 when i went to the traffic department last year i was told its invalid as passport control must have informed me to change my license in the year i returned and that i would now have to redo everything, learn etc etc. I have spent so much money, i have now gone for my learners, and failed my first driving test on a slight roll of my car in parking! I have never in my life seen anyone drive with the K53 sequence, because if they did i think there would be hundred more accidents on the road because no one would be looking were they are driving. I am now so frustrated with this money making scheme. I have never had an accident and am a good driver. I would like to know how all these taxi drivers get there licenses, because there is just no way they would pass. I am now fed up and not willing to waste any more money on tests or lessons. If there really is no way to exchange my valid UK license to SA then i think its better to drive without! I think in SA as long as you have a valid drivers license of any country you should be able to exchange your license to an SA one any time during the validity of the license. I was even told by the traffic department to fly back to the UK and return and then i could exchange my license and i would have a year to exchange after my return!!! How crazy is that.

Answer

Your frustration can be understood, as you missed two opportunities to retain your previous driving licences:
 1. Apply for conversion of your South African driving licence which was in your ID, before 30 April 2003 (Section 18(6)) or
 2. Apply for conversion of your UK driving licence within before December 2005, a year after your return (Regulation 110(3)).

The law is applicable to a person regardless of him / her being informed about the content or not. Holders of valid foreign driving licences are indeed allowed to drive on the public road, but must not be ordinarily resident in South Africa at the time of obtaining that licence and is required to convert such licence within the year after obtaining permanent residence. Actual driver behaviour is not influenced by the validity of the driving licence the person holds. Driver license testing attempts to assess the ability of the applicant to understand and obey the rules of the road and to deter persons without this assessed knowledge from driving. Merely flying to the UK and back will not make the UK licence valid for conversion again as you have to stay in the foreign country for a substantial period.

Your only option within the legal framework is to pass your driving licence test.

Conversion of Indian driving license ⇩

Question

Hi, I'm an Indian national on a temporary residence in Johannesburg, South Africa. I've a valid Indian Driving License. I just want to know whether I can use this license to buy cars or motorcycles in South Africa and drive them? If yes, is there any documents I need to carry along with the License and the Passport. If I cant, then can you please tell me the procedure to acquire a driving license? Also the duration and cost involved. Thanks.

Answer

If the Indian driving licence is not in English then an official translation (issued by a competent authority usually the high commission or consulate) must accompany the licence.

In addition the licence must contain a photograph and signature of the holder, and must still be valid.

If the above conditions are met then the license is acknowledged in South Africa. When it comes to purchasing vehicles, if the purchase does not require financing to be arranged then I don’t foresee any problems. However, some institutions may insist on a SA licence before extending finance. This is however not legislated anywhere in the road traffic legislation, but rather a terms and conditions issue of the institution.

Should you require a SA driving licence you will have to apply for a learner’s licence and then thereafter a driving licence. You will have to call the call centre to secure a booking on 0860GAUTENG (0860428836).

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