Question: Is Regulation 308(1)h promulgated under Act 93 of 1996 still applicable? I see that it may have been substituted by r66 GNR 1341 w.e.f 25 September 2003 ( which I cannot find or verify).
Answer:
Yes it is applicable. The wording was just updated.
Regulation 308: General duties of driver or passenger of vehicle on public road
(1) No person driving or having a vehicle on a public road shall—
(a) cause such vehicle to travel backwards unless it can be done in safety, or cause it to run backwards for a distance or time longer than may be necessary for the safety or reasonable convenience of any occupant of that vehicle or of other traffic on such road; or
(b) follow another vehicle more closely than is reasonable and prudent having regard to the speed of such other vehicle and the traffic on and the condition of the roadway, or more closely than is prescribed in these regulations;
(c) permit any person, animal or object to occupy any position in or on such vehicle which may prevent the driver thereof from exercising complete control over the movements of the vehicle or signalling his or her intention of stopping, slowing down or changing direction;
(d) when driving such vehicle, permit any person to take hold of or interfere with the steering or operating mechanism of the vehicle;
(e) when driving such vehicle, occupy such position that he or she does not have complete control over the vehicle or does not have a full view of the roadway and the traffic ahead of such vehicle.
( f ) allow such vehicle to remain unattended on such road without setting its brake or adopting such other method as will effectively prevent the vehicle from moving from the position in which it is left;
(g) if such vehicle is parked or is stationary at the side of such road, drive the vehicle from that position unless he or she is able to do so without interfering with moving traffic approaching from any direction and with safety to himself or herself and others;
(h) fail to give an immediate and absolute right of way to a vehicle sounding a device or bell or displaying an identification lamp in terms of section 58 (3) or 60 or regulation 176; [Para. (h) substituted by r. 66, GNR.1341 w.e.f. 25 September 2003.]
(i) allow any portion of his or her body to protrude beyond such vehicle while it is in motion on such road except for the purpose of giving any hand signal which he or she is required or authorised to give in terms of these regulations or unless he or she is engaged in examining or testing or parking such vehicle;
( j) permit any person or animal to occupy the roof, any step or running board or any other place on top of a vehicle while such vehicle is in motion;
(k) cause or allow the engine thereof to run in such manner that it emits smoke or fumes which would not be emitted if the engine were in good condition or ran in an efficient manner;
(l) cause or allow the engine thereof to run while the motor vehicle is stationary and unattended;
(m) negligently or willfully deposit or cause or permit to be deposited any petrol or other liquid fuel or any oil or grease or other flammable or offensive matter, ashes or other refuse, of whatever nature, from such vehicle upon or alongside such road; or
(n) cause or allow the engine thereof to run while petrol or other flammable fuel is being delivered into the fuel tank of such vehicle, or cause or allow such engine to be started up before the delivery of the petrol or other flammable fuel into the fuel tank of such vehicle has been completed and the cover of such fuel tank has been replaced.
(2) No person, other than the driver, shall take hold of or interfere with the steering or operating mechanism of a vehicle while it is in motion on a public road, unless it may reasonably be inferred that the driver is no longer capable of steering or controlling such vehicle.
(3) No passenger in a vehicle on a public road shall permit any part of his or her body to protrude beyond such vehicle.
(4) No person shall enter or alight from any vehicle on a public road unless such vehicle is stationary and unless he or she can do so with safety to himself or herself and other users of the road.
(5) No person shall drive, pull or push a vehicle upon a sidewalk: Provided that the provisions of this subregulation shall not apply to a perambulator, invalid chair, baby cart or child’s play vehicle.
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Alta
Alta Swanepoel & Associates
What are the General duties of drivers or passengers of a vehicle on a public road?
