Did you know a person who drives a herd is seen as the driver of a vehicle in road legislation?

Question:

Could you advise me on the Regulations towards owners of cattle been herded across roads? I have looked at the Road Traffic Department’;s chapter 10 which refers to animals on the public roads. What I am looking for is the safety measures that must be in place when taking animals across roads, ie.

Flags Lights etc. I would need info that is perhaps lawfully applicable to the owners and that ignoring these laws can lead to prosecution.

Thank you

Answer:

The person who drives a herd is seen as the driver of a vehicle:

 “driver” means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or flock of animals, and “drive” or any like word has a corresponding meaning;

The rules are”:

Animal on public road

Reg 313.               (1)          Subject to the provisions of subregulation (2), no

person shall leave or allow any bovine animal, horse, ass, mule, sheep, goat, pig or ostrich to be on any section of a public road where that section is fenced or in any other manner closed along both sides, and no person shall leave such animal in a place from where it may stray onto such section of a public road.

(2)          The provisions of subregulation (1) shall not apply—

(a)          to any animal which is being ridden or is being used to draw a vehicle along a public road; or

(b)          to any animal which is being driven from one place to another in such manner as not to constitute a source of danger or injury to any person or vehicle using such road.

(3)          In any prosecution for a contravention of subregulation (1), it shall, in the absence of evidence to the contrary, be presumed that any animal referred to in subregulation (1) was left or allowed to be on the section of the public road or place concerned by the owner of such animal, and a section of a public road shall be regarded as fenced or enclosed along both sides even though there is an opening providing access to such road in the fence or other enclosure.

(4)          No person shall drive any animal referred to in subregulation (1)—

(a)          along a public road during the period from sunset to sunrise, unless

a person carrying a red light visible in clear weather for a distance of at least 150 metres tends such an animal or, in the case of a flock or herd of more than 10 animals, a person tending such animals and carrying a light as aforesaid precedes and another such person carrying a light as aforesaid follows such animals; or

(b)          along a public road during any other period, unless a person displaying in a conspicuous manner a red cloth, of not less than 300 millimetres by 300 millimetres, tends such animal or, in the case of a flock or herd of more than 10 animals, a person tending such animals and displaying a cloth as aforesaid precedes and another such person displaying a cloth as aforesaid follows such animals.

(5)          A person in charge of an animal on a public road shall tend the animal in such a manner as not to constitute an obstruction or danger to other traffic.

(6)          A traffic officer may take charge of any animal referred to in

subregulation (1) on a public road or take such steps in respect of the animal as determined by the MEC of the province concerned.

;

Regards

;

Alta

Alta Swanepoel & Associates

Did you know a person who drives a herd is seen as the driver of a vehicle in road legislation?