Question

Is there a law in south africa that says u must wear a helmet when riding a offroad quad bike on a offroad track like in the bush on private property? or is it on own risk?

Answer

Regulation 207(1) refers specifically to a public road. However for you own safety a helmet should be warn at all times, particularly given the fact that off road tracks are, by their nature, not  smooth terrains and may have a higher propensity for accidents to occur.

(1)  No person shall drive or be a passenger on a motor cycle, motor tricycle or a 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 connection with such cycle; and
(b)
which fits him or her properly and of which the chin strap is properly fastened under the chin.

Question

I am in a bit of a dilemma and am not sure whom to contact. I ride a Harley Davidson and had a slight mishap Saturday 12 September 2009. I have crossed the N12 highway at the Gordon Road bridge between Hendrik Potgieter and Lange Avenue. The tarmac was scraped and sharp high edges where the expansion joints are, was left as is. This is not clearly visible unless you are aware of the fact. The edges are sharp and protruding at nearly 5 cm higher than the rest of the road. I went over the expansion joint, well within the speed limit, and my rear wheel connected with the sharp edge causing it to dent. I have taken the bike into the Harley Davidson Clearwater dealership and the quote to repair the wheel is in excess of R6,000.00 rand. I was then informed to contact SANRAL as they should have insurance that cover these types of incidents. I would really appreciate your assistance or guidance as to whom to direct this mail too.

Answer

You need to contact the Northern Region of SANRAL and speak to Yogie Naidoo at 0124266200.

Question

I have heard but not sure that one can convert one's South African Drivers License to that of a British one...? Is this true and how would one go about in doing so when already abroud? thanx

Answer

If you are the holder of a valid South African driving licence you may convert the licence to a UK licence. You will first have to contact the Road Traffic Management Corporation (RTMC) by emailing [email protected] with your details and postal address.

The RTMC will then issue a confirmation letter which you must submit to the DVLA.

Question

Good morning, Could you please clarify the following for me: According to sources a speed reduction road sign has to be promulgated before it can be enforced and until it is promulgated the temporary sign is a suggestion. Apparently numerous fines have been thrown out of court because the correct procedure had not been followed by the party contracted to do the road works, making the speed reductions illegal / unenforceable.

Answer

That is not true. A temporary speed sign is legal and enforceable and was promulgated with the regulations. The regulations on the display of road signs legalise it in regulation 286.

Every sign also has temporary number colours.

Question

I received a fine with the code 14708. The charge wording is as follows: driving a motor vehicle (registration number) exceeded the speed limit of 80 kilometers per our as was indicated in the prescribed manner on a road traffic sign in that he or she drove at a speed of 093.0 kilometers per our. According to the National road traffic charge book the code for this specific violation is code 14716. Is this fine legal?

Answer

Where the AARTO system is not in place there are no national charge codes and every authority has its own.Please be advised that the National charge book is still in draft stages and has not been implemented country wide as yet. At the moment each authority still has their own code books. Yes the fine is legal.

Question

I am enquiring about the legallity of driving a goods vehicle in SA on a valid UK licence. I hold a full CE (eqvuivalent code 14) UK licence and currently temporary resident in SA. I have read your article regarding the exchange of a UK to SA licence and as I understand it I am able to drive legally on SA roads until I obtain permanent residence. Please confirm if I am able to legally drive a goods vehicle on SA roads.

Answer

A professional driving permit (PrDP) is required together with the UK licence to operate goods vehicles locally unless the driver is in possession of a similar permit to the PrDP issued by the authority that issued the driving licence.

Question

Could you please advise me on the procedure for renewing a drivers licence which has already expired. I have been out of the country for two years and driving with my UAE licence in Dubai.

Answer

You are unfortunately not able to renew your driving licence from abroad. As you are already in possession of a foreign licence you may either exchange that licence for a SA licence on your return or apply for a new driving licence card.

Question

What does thelaw say about the visibility of all speed enforcement cameras , be it fixed or manned, also a detailed list of rules that need to be followed or that the officers need to comply with when setting up manned cameras ,using lines or radar ,laser...also why does law enforcement officers turn a blind eye to taxi offences? I pass at least 50 violations on any given given day. enforcement of the law is is done unfairly, WHY IS THIS SO. I WILL GLADLY GO OUT AND OBTAIN EVIDENCE IF IT IS GOING TO MAKE A POSITIVE DIFFERENCE

Answer

The technical committee for standards and procedures for traffic control and traffic control equipment {TCSP} sets prosecution guidelines for the officers to follow when setting up speed timing devices. These prosecution guidelines are set up in conjunction with the prosecuting authority namely the director of public prosecutions. With regards to the law enforcement on taxis I can assure you that prosecution does take place daily (with stats to prove} any suggestions or evidence is most welcome and will be investigated thoroughly by putting in intervention measures.

Question

Is there a statue of limitations on traffic violations. I was caught in a roadblock and apprehended for 4 year old fines that I had never seen. Surely there is a time limit within which it is fair to process the fine and court procedings.

Answer

As it is a criminal case, there is no prescription period on it. As long as the initial notice was posted within 30 days in the case of speeding fines, there is no expiry period of criminal cases.

Question

With reference to your Prosecuting Guidelines I would like to know with reference to point 6.2.2 (Unattended Operations), whether it is true that speed measuring devices can only be installed where it is not possible to have a traffic officer on duty? And whether in such a case permission must first be obtained from the Director of Public Prosecution? Furthermore it is impossible to check all the thousands of speed camera's every seven days for operation, camera alignment, etc. Is this also according to law required and can one go to court if a certificate can not be produced that the camera was checked within the seven days?

Answer

It is a guideline and can be set aside if the prosecutor decides to. The installation of cameras is normally done at places where it is dangerous to do normal law enforcement either for the officer or the motorist and permission is required. The 7 day check is a precaution to ensure nothing goes wrong and just that -  a precautionary measure.