Must emergency vehicles always have their sirens on when travelling to an emergency?

Question:

Is there a regulation that states that emergency vehicles MUST always have their sirens on when travelling to an emergency?

Answer:

Section 58 of the National Road Traffic Act states that:

58. Failure to obey road traffic sign prohibited

(1) Subject to subsection (3), no person shall, unless otherwise directed by a traffic officer, fail to comply with any direction conveyed by a road traffic sign displayed in the prescribed manner.

(2) In any prosecution for a contravention of or a failure to comply with a provision of subsection (1), it shall be presumed, in the absence of evidence to the contrary, that the road traffic sign concerned was displayed by the proper authority under the power conferred by this Act and in accordance with its provisions.

(3) The driver of a firefighting vehicle, a firefighting response vehicle, a rescue vehicle, an emergency medical response vehicle or an ambulance who drives such vehicle in the performance of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle, may disregard the directions of a road traffic sign which is displayed in the prescribed manner: Provided

that—

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of any such firefighting vehicle, firefighting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person issued with the necessary authorisation, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in disregard of the road traffic sign.

[Subs. (3) amended by s. 15 (a), Act 64/2008 by Proc. 60 of 10 November 2010 w.e.f. 20 November 2010.]

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Section 60 of the National Road Traffic also states that:

60. Certain drivers may exceed general speed limit

Notwithstanding the provisions of section 59, the driver of a firefighting vehicle, a firefighting response vehicle, a rescue vehicle, an emergency medical response vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle, may exceed the applicable general speed limit: Provided that

—

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of any such firefighting vehicle, firefighting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person issued with the necessary authorisation, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit.

[S. 60 substituted by s. 16, Act 64/2008 by Proc. 60 of 10 November 2010 w.e.f. 20 November 2010.]

Also view:

Safe Driving when hearing the Emergency Sirens

Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

Must emergency vehicles always have their sirens on when travelling to an emergency?

Effective vehicle tracking a MUST to combat organized vehicle theft!

I have been fortunate in not yet having been the victim of car theft. My former boss had his bakkie stolen a few years ago from a golf club in Bloemfontein. I will never forget the response from the car guard.

As he was standing there dumbfounded at the empty parking space where he left his bakkie a few hours earlier, the car guard walked up to him and said “Don’;t worry Sir, I have the Registration number…!”

As I had to travel much more to Gauteng recently on business, I have also been exposed to many more stories from friends on how and where their vehicles and those of their friends were stolen. With this in mind I have decided to have vehicle tracking installed by Ctrack.

This makes a small difference in reducing my monthly car insurance premium, but a much bigger difference to my peace of mind.

Johan Theron from Ctrack with Nelio and Xanthe De Sa after installation of a tracking device for the coffee vending delivery vehicle

It is not only the individual vehicle owner that is targeted, but especially the business owner transporting cargo. A good friend and partner in Rugby15, Nelio De Sa has a coffee vending machine business called Coffeebreak and he has also decided to monitor his delivery vehicle with the tracking provided by Ctrack. This will allow him not only protection from hijacking but also improved efficiency and cost saving from the effective routing of the vehicle.

During recent discussions with transport and crash investigator Stan Bezuidenhout it has become clear that hijackings have become much more organized and professional. It is especially true when we take a closer look at the transportation of cargo! We decided to share a rather comprehensive section of content on the topic of Truck Hijackings, Crime and Road Safety on the Arrive Alive website and would like to invite vehicle and fleet owners to read this at:

Truck Hijackings, Crime and Road Safety
Much of the insights in this Q&A also corresponds with the feedback received from a recent Q&A between Focus on Transport and Logistics and vehicle tracking company Ctrack. We would like to share some of these insights:

1. What is the general trend surrounding the hijacking of trucks with cargo in South Africa?

Hijackers target loads that either offer high value goods such as cell phones, tablets, expensive alcohol that they have a definite market for or loads that that can be disposed off quickly such as nappies, cigarettes or any FMG’s.

2. What is the latest Modus Operandi when it comes to Truck jacking?

Without writing a training guide for inexperienced hijackers: The hijackers would gain access to the vehicle by waiting for an opportunity at truck stops, acting as passengers at toll gates or by waiting at environments where the vehicle has to stop. If not possible they would simply pose a law enforcement officers and force vehicle off the road to gain access. The use of SAPS marked vehicles has been on the increase
Hijackers would make use of technology to suppress tracking devices and then “disappear” with the vehicle for some time. During such “disappearing periods” loads are offloaded and placed in storage at pre arranged locations. Unless there is a specific need to retain the vehicle or trailer they would abandon the vehicle after offloading.

3. Do you find that thieves are after the cargo, the truck or both?

The vehicle type has some significance. Smaller vehicle do tend to be utilized after the hijack while bigger vehicles are normally abandoned. Hijackers are not opportunist, they are organised and would know exactly their cause of action, from taking the vehicle to storage of the load to the disposal or utilization of the vehicle afterwards. Vehicle that are stolen to retain are normally taken cross border (Mozambique, Zimbabwe, Botswana) but these, when found, are recovered by our teams as we do not only have a National footprint but also an Southern African footprint.

4. What solutions do you offer to the industry (I.e. tracking systems for the cargo)?

Ctrack has solutions to track the trailer, the horse or the entire combination. If the trailer is hooked by a horse fitted with a Ctrack unit the trailer unit would pair with the horse unit thus tracking the combination. This results in communication cost saving on the trailer. However should the trailer be linked to a different horse it would track independently as a standalone.
Ctrack do offer a live wireless solution that can be placed in the cargo allowing visibility of the cargo when outside the trailer.

5. What is the success rate of recoveries?

There are a number of factors that have an impact on our success rate. We have found that 80% of vehicles stolen happens in the greater Gauteng area. The hotspots have been identified by all service providers and a lot of focus has been placed on collaboration between service provider and transporter to ensure that we can all improve on the current status.
The jamming of units have played a big role in our ability to recover but we have a 93% success rate on recovering vehicles.

6. What would you suggest a driver do in the event of high jacking?

How impossible this might sound the best advice for the driver is to keep calm and cooperate. These thugs do not hesitate to cause harm to anyone. Drivers should be aware of their surroundings and be on the look-out for conditions or events that could compromise the individual, the vehicle and the cargo. The sooner the driver becomes aware of a possible hijack scenario the more time he will have to counter act by activating a panic button or reporting his distress.

7. Should there be a bit more secrecy around the counter measures by tracking companies?

A lot has been communicated in the media the past couple of months. Some of the detail reported on compromises the initiative taken by companies to safeguard individuals, vehicles and cargo. The more the media reports on counter measures deployed by tracking companies and transporters the more information the hijackers have to counter these measures.

Also view:

Hijack Prevention Guidelines

Fleet Management and Road Safety

Having your vehicle always visible with Ctrack

Effective vehicle tracking a MUST to combat organized vehicle theft!

What are the regulations as to the time when my lights must be turned on when driving?

Question:

Good morning. Please advise if it is mandatory to drive with your headlights on after 7.00am in Cape Town on a beautiful summer day.

Answer:

The regulation that requires when lamps must be lit is copied below. There is no definition for sunset or sunrise but as far as I know there were some court cases that used the actual sunset or sunrise times as recorded by the weather bureau and GPS systems. Please remember that the requirement for when the lamps must be on applies to insufficient light or unfavourable weather conditions. That is normally left to the discretion of a traffic officer.

Vehicles to be equipped with certain lamps and times when certain lamps to be lighted

Reg 157.    (1)        No person shall operate on a public road a motor vehicle unless—

(a)        all lamps fitted to a motor vehicle as contemplated in regulations 159 to 184 inclusive, are undamaged, properly secured, and capable of being lighted at all times; and

(b)        the head lamps, rear lamps and number plate lamps are kept lighted during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres: Provided that the provisions of this paragraph shall not apply to a motor vehicle parked off the roadway of a public road or in a parking place demarcated by appropriate road traffic signs or within a distance of 12 metres from a lighted street lamp illuminating the public road on which such vehicle is parked.

(2)        No person shall operate on a public road a motor cycle, a motor cycle with a side car, a motor tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times: Provided that the provisions of this subregulation shall not apply to a motor cycle, motor cycle with side car, motor tricycle or motor quadrucycle manufactured before 31 December 1960 which is used only during the period from sunrise to sunset.

(3)        A person operating a motor vehicle on a public road shall extinguish the main‑beam of the light emitted by the head lamp of such vehicle if such main-beam could cause a dangerous glare to oncoming traffic.

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Alta Swanepoel & Associates

Also view:

Lighting, Head Lamps and Spot Lights on Vehicles and Rules of the Road

Driving Lights-On

What are the regulations as to the time when my lights must be turned on when driving?

Both your tractor and the tractor driver must be licensed to cross a public road!

Question:

Tractor crossing main road – unlicensed driver

What is the law if a farmer has a farm on both sides of a national road – if his tractor has to cross the road. Previously the tractor (with unlicensed driver) could cross or use the road for short a distance on either side of the gate. What is that distance and is there a new ordinance. The farm is in KZN
Answer:

Unfortunately that has never been the case. Drivers are not exempt from the driving licence. The tractor may have a special licence that normally does not allow him to drive on a public road. the one km is applicable to the tractor crossing and not the driver. They may never be on the road without a licence.

Alta Swanepoel

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Both your tractor and the tractor driver must be licensed to cross a public road!

Both your tractor and the tractor driver must be licensed to cross a public road!

Question:

Tractor crossing main road – unlicensed driver

What is the law if a farmer has a farm on both sides of a national road – if his tractor has to cross the road. Previously the tractor (with unlicensed driver) could cross or use the road for short a distance on either side of the gate. What is that distance and is there a new ordinance. The farm is in KZN
Answer:

Unfortunately that has never been the case. Drivers are not exempt from the driving licence. The tractor may have a special licence that normally does not allow him to drive on a public road. the one km is applicable to the tractor crossing and not the driver. They may never be on the road without a licence.

Alta Swanepoel

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Both your tractor and the tractor driver must be licensed to cross a public road!

Both your tractor and the tractor driver must be licensed to cross a public road!

Question:

Tractor crossing main road – unlicensed driver

What is the law if a farmer has a farm on both sides of a national road – if his tractor has to cross the road. Previously the tractor (with unlicensed driver) could cross or use the road for short a distance on either side of the gate. What is that distance and is there a new ordinance. The farm is in KZN
Answer:

Unfortunately that has never been the case. Drivers are not exempt from the driving licence. The tractor may have a special licence that normally does not allow him to drive on a public road. the one km is applicable to the tractor crossing and not the driver. They may never be on the road without a licence.

Alta Swanepoel

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Both your tractor and the tractor driver must be licensed to cross a public road!

Both your tractor and the tractor driver must be licensed to cross a public road!

Question:

Tractor crossing main road – unlicensed driver

What is the law if a farmer has a farm on both sides of a national road – if his tractor has to cross the road. Previously the tractor (with unlicensed driver) could cross or use the road for short a distance on either side of the gate. What is that distance and is there a new ordinance. The farm is in KZN
Answer:

Unfortunately that has never been the case. Drivers are not exempt from the driving licence. The tractor may have a special licence that normally does not allow him to drive on a public road. the one km is applicable to the tractor crossing and not the driver. They may never be on the road without a licence.

Alta Swanepoel

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Both your tractor and the tractor driver must be licensed to cross a public road!

Both your tractor and the tractor driver must be licensed to cross a public road!

Question:

Tractor crossing main road – unlicensed driver

What is the law if a farmer has a farm on both sides of a national road – if his tractor has to cross the road. Previously the tractor (with unlicensed driver) could cross or use the road for short a distance on either side of the gate. What is that distance and is there a new ordinance. The farm is in KZN
Answer:

Unfortunately that has never been the case. Drivers are not exempt from the driving licence. The tractor may have a special licence that normally does not allow him to drive on a public road. the one km is applicable to the tractor crossing and not the driver. They may never be on the road without a licence.

Alta Swanepoel

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Both your tractor and the tractor driver must be licensed to cross a public road!

Must fuel rates be even reduce?

As pump costs fall, the proportion we give to the government in fuel taxes is rising. Campaigners are calling for a cut in duty – but is this realistic?

Drivers all more than the UK are celebrating as the value of fuel continues to fall.

At the time of writing, the typical price tag of a litre of unleaded in Britain is just under 109p a litre, with some forecourts promoting it at below £1.

Collapsing oil cost

Diesel is 116p a litre at a typical filling station but less than 110p in some parts of the nation.

The collapse in the price of oil because final summer has clearly been a boon for motorists: a barrel of Brent crude is now trading at much less than $ 50 dollars, compared with $ 115 last summer.

But need to fuel rates be even reduced than they are at present? Are we acquiring a fair deal from retailers and – provided that tax tends to make up the lion’s share of what we spend for fuel – the government?

It is a frequent complaint that when the cost of oil falls, petrol retailers as effectively as power suppliers are slow to pass on the savings to customers.

Why have prices not fallen further?

On the other hand, critics say, when the value of oil is on the up, these firms are considerably faster to improve what they charge.

An investigation by the Office of Fair Trading 2 years ago identified no powerful proof that there was something unfair about the way petrol retailers set rates.

But with the cost of oil down by nicely more than half considering that final summer’s peak, it is reasonable to ask why the cost of petrol and diesel has only fallen by around a fifth.

Component of the reason is that the raw material that goes into a litre of fuel – the oil itself – only represents a component of the overall value.

Tax is the large issue

There is also the cost of processing, transportation and retailing to take into account: the value of oil could have slumped but the exact same undoubtedly cannot be stated of these aspects.

The real situation, nevertheless, is tax. The UK government imposes duty of 57.95p on every single litre of petrol and diesel, with VAT at 20% then added to both the product value and the duty.

Since this duty is fixed, the reduced the price of petrol is the greater the proportion motorists pay in tax.

According to the RAC, this means that the tax on petrol last July – when unleaded was virtually 140p a litre – was just more than 60%.

Greater tax take

This month, nonetheless, the proportion of fuel bills going to the treasury is virtually 70%.

As you may expect, retailers now want the government to reduce taxes so they can pass on much more of the falls in the oil cost to their clients and thereby increase sales.

But from the coalition’s perspective, it is not that straightforward: although the Treasury’s percentage take from every single litre of fuel has risen, the government is actually acquiring less income per tank than final summer season.

Tax at roughly 60% on a 140p litre of petrol operates out at 84p, compared with 70% of 110p nowadays – just 77p.

Lack of political stress

This doesn’t necessarily imply we are paying significantly less in duty general – the reduce cost of fuel has boosted sales, and that could be adequate to make up the income shortfall.

But if the government reduce duty, it would possibly want to raise tax revenues in other techniques.

And with most drivers enjoying this unexpected fall in pump prices, it is difficult to see political stress to reduce tax rising drastically in the subsequent few months.

Evaluate car insurance coverage – you could find a excellent deal in minutes Get a auto insurance quote

Must fuel rates be even reduce?

Who should / must enforce traffic safety within gated estates /town house complexes?

Question:

Please assist us with this enquiry relating to complaints from 2 “private estates / town house complexes”

1. Meyersdal Eco Estate.

The Estate was created with the inclusion of public roads (municipal area)  and newly built private roads. It has a secure controlled access. The “board of directors / body corporate” have implement speed measurement  operations on the “public” and private built roads where photos of speed infringements are taken and the relevant resident receives a “fine” on their billing system. This includes any visitors to such resident who “speed”.

2. Serengethi Estate.

Resident is complaining of the “illegal’ use of ATV (quad bikes) by residents and security officials. Apparently one officer was charged by EMPD when using the ATV outside the estate on the patrol permeter (understandably).

As I understand:

(a)    Where the access is controlled such roads are not public roads. However the Meyersdal Estate has incorporated previous public roads where the municipality still services the road. Therefore if “speed” operations are being done privately can this be deemed a “criminal offence”???

(b)   If a serious “accident / crash” occurs in privately owned roads, surely then for legal/insurance purposes requisite criminal cases of reckless driving / culpable homicide are then opened.  How then do we deal with the road traffic legislation being able to facilitate the prosecution of unlicensed / unregistered ATV or any other traffic offence (eg. unlicensed drivers)  within the confines of such private roads?

Please advise.

Answer:

This was also discussed on the Arrive Alive website on the page titled “Rules of the Road and Road Safety within Gated Estates”

We would like to share a response from Howard Dembovsky from Justice Project:

“I am aware of both complaints with respect the residential estates cited in your email and this so-called debate that has been raging on for some time now – not only within these estates but in other gated communities throughout South Africa. I have long been of the opinion that the largely privileged gated communities are blatantly contravening the National Road Traffic Act and other laws in the Republic of South Africa.

There can be no doubt that in terms of the National Road Traffic Act only “authorised officers” are mandated and allowed to enforce its provisions and the definition of a “public road” therein is clear and makes no mention of “controlled access”.  It is therefore arguable that the same laws, rules and procedures apply within gated communities as apply anywhere outside of them.

During 2012, we lodged a complaint with the Director of Public Prosecutions and the Road Traffic Management Corporation Anti-Corruption Unit with respect to unlawful speed enforcement taking place through a private entity in the Centurion Golf Estate in Tshwane. A complaint of fraud was registered against a Mr Barry Fryer Dudley of iCube who was issuing speeding fines against persons he alleged were speeding in that estate. The case number is Lyttleton n SAPS CAS 204/1/2013 and the charges were laid by Mr Jody Pillay, the Chief of the RTMC’s Anti-Corruption Unit.

We have also obtained legal opinion from Advocate Don Smart, who was the former Counsel to the Automobile Association of South Africa and I attach that opinion hereto. I think that it should answer most, if not all of your questions amply but should you wish to discuss the matter further, I would be more than happy to do so.

As you are aware, both Mr Tom Lessing and Mr Takalani Tshivhase have repeatedly registered complaints about the quad bikes formerly, and now Kawasaki Mule 610 ATVs, which are both, left hand drive vehicles and bear a manufacturer’s sticker stating: “WARNING: Use of this vehicle on public roads and paved surfaces is hazardous. This vehicle is designed and equipped for off-highway use only. Do not operate this vehicle on public roads and pave surfaces” being operated on the public roads within Serengeti. Complaints about civilians – often security guards issuing “speeding fines” have also been lodged by various parties.

What I find utterly astounding is that if any unlicensed and unregistered motor vehicle was operated, or even found to be on a public road anywhere outside of any estate, it would immediately be impounded and the owner prosecuted accordingly. Complaints around this matter have been flying around for more than 18 months now and the apparent reluctance of the EMPD to do anything about it can only be viewed as ludicrous and tantamount to dereliction of its duty under the Constitution. Similarly, if any civilian were to arbitrarily start issuing their own traffic fines in the street, they would be summarily arrested and charged with impersonating a traffic officer, at the very least.

For some obscure reason, it would appear that when it comes to gated communities, the law has been cast aside in favour of allowing these suburbs of privilege to operate as mini-Republics and/or homelands within the Republic of South Africa.

It is my sincere hope that something will eventually be done about what is going on, particularly in Serengeti Wildlife Estate since it is only going to be a matter of time until a collision involving one of their unregistered and unlicensed motor vehicles does occur. If and when that happens, the victims thereof will arguably have recourse against both, the Ekurhuleni Metropolitan Police Department and the Gauteng Department of Community Safety for their failure to act within the framework of the Constitution and actively prevent these vehicles from operating on the public roads in and around that estate.

I am not suggesting for one minute that Serengeti Wildlife Estate or Meyersdal Eco Estate should be exclusively targeted since they are not the only places where this nonsense is going down but a start has to be made somewhere and since you have had complaints lodged with you by various persons perhaps it is with these 2 estates that a start should be made?

Best Regards,

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Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

Additional Info:

“On the issue of gated estates as you know I was appointed by Pather and Pather attorneys Durban as consultant counsel working with Adv O Moosa SC who was the Senior in a matter N Singh v Mnt Edgecombe Country Club Management Association, but I am not sure who the counsel is now. Mr Sivi Pather can be contacted as to the current status of this case.

I suggest that this case is supported and should be the main thrust to address the problem and followed as it is in KZN and the one provincial division appeal case S v Dillon that supports the (logical) conclusion as to the applicability of the NRTA in gated estates was taken in KZN. Thus on the stare decisis principle any single judge would be bound to follow that ruling. I am very confident that the Supreme Court of Appeal would uphold what was ruled in this and the other cases I have quoted in the opinion given to your attorney.

If I can be of any further assistance please let me know.

Kind regards

Don Smart”

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Also view:

“Rules of the Road and Road Safety within Gated Estates”

Who should / must enforce traffic safety within gated estates /town house complexes?

Must a learner driver drive with an L-Plate displayed?

Question:

Requirments for Learner Drivers – “L” Plates

I know in some countries a Learner Driver driving under a Provisional or Learners License MUST not drive if the vehicle is clearly marked with “L” Plates. Is this the case in RSA? If so, in which Legislation or Regulations can this be found? If not, can police officers still Fine said Learner driver for ‘Failure to Display “L” Plate’; even though he was accompanied by an Appropriately Licensed Driver? Thank You

Answer:

At present I am not aware of any legislation requiring an L-plate to be displayed.

When the new Provisional Driving Licence becomes law, this requirement will apply:

Regards

Gavin

Gavin Hoole
Learner’;s Licence & K53
Driving Licence Test Info
www.K53.GavinHoole.ws

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Must a learner driver drive with an L-Plate displayed?

Must a learner driver drive with an L-Plate displayed?

Question:

Requirments for Learner Drivers – “L” Plates

I know in some countries a Learner Driver driving under a Provisional or Learners License MUST not drive if the vehicle is clearly marked with “L” Plates. Is this the case in RSA? If so, in which Legislation or Regulations can this be found? If not, can police officers still Fine said Learner driver for ‘Failure to Display “L” Plate’; even though he was accompanied by an Appropriately Licensed Driver? Thank You

Answer:

At present I am not aware of any legislation requiring an L-plate to be displayed.

When the new Provisional Driving Licence becomes law, this requirement will apply:

Regards

Gavin

Gavin Hoole
Learner’;s Licence & K53
Driving Licence Test Info
www.K53.GavinHoole.ws

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Must a learner driver drive with an L-Plate displayed?

Must a learner driver drive with an L-Plate displayed?

Question:

Requirments for Learner Drivers – “L” Plates

I know in some countries a Learner Driver driving under a Provisional or Learners License MUST not drive if the vehicle is clearly marked with “L” Plates. Is this the case in RSA? If so, in which Legislation or Regulations can this be found? If not, can police officers still Fine said Learner driver for ‘Failure to Display “L” Plate’; even though he was accompanied by an Appropriately Licensed Driver? Thank You

Answer:

At present I am not aware of any legislation requiring an L-plate to be displayed.

When the new Provisional Driving Licence becomes law, this requirement will apply:

Regards

Gavin

Gavin Hoole
Learner’;s Licence & K53
Driving Licence Test Info
www.K53.GavinHoole.ws

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Must a learner driver drive with an L-Plate displayed?

Must a learner driver drive with an L-Plate displayed?

Question:

Requirments for Learner Drivers – “L” Plates

I know in some countries a Learner Driver driving under a Provisional or Learners License MUST not drive if the vehicle is clearly marked with “L” Plates. Is this the case in RSA? If so, in which Legislation or Regulations can this be found? If not, can police officers still Fine said Learner driver for ‘Failure to Display “L” Plate’; even though he was accompanied by an Appropriately Licensed Driver? Thank You

Answer:

At present I am not aware of any legislation requiring an L-plate to be displayed.

When the new Provisional Driving Licence becomes law, this requirement will apply:

Regards

Gavin

Gavin Hoole
Learner’;s Licence & K53
Driving Licence Test Info
www.K53.GavinHoole.ws

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Must a learner driver drive with an L-Plate displayed?

A quad bike must be loaded onto a trailer when transported on public roads

Question:

I have Quad Bike Query. I accept they cannot be ridden on public roads – No Problem.

I have bought a quad bike with Rear light,turning lights front and back and also headlights (hi and Low beam) plus many extras

The manufacturer fitted a steel Shaft that can be used for a TOW-Ball and can be connected as a Tow-Hitch. I can safely lift 2 wheels from the road surface and securely connect the ATV to my vehicle tow-bar. Is it possible for me (After I register the Vehicle)to license my ATV as a trailer or any appropriate Name?)    I can then safely and legally tow the ATV on a public road within the rules of towing as prescribed by Law.  When done correctly there is no real difference between towing a trailer or car or Towing an ATV (Folks still tow their ‘Beach buggies’;?)       I would appreciate your comments and input.

Answer:

You are not allowed to register and licence the quad at all and will have to load the entire vehicle onto a trailer to be able to transport it.

Alta Swanepoel & Associates

Also view:

Quad Bike Safety

Towing a Trailer Safely

A quad bike must be loaded onto a trailer when transported on public roads

If people are carried on a goods vehicle they must be separated from goods

Question

I would greatly appreciate your assistance with the following. I am a Construction Health and Safety Officer and require clarification on Regulation 247. We are trying to get our vehicles compliant and being a small company we are unable to provide separate transport for goods and persons and so we want to make our vehicles compliant in terms of transporting goods and persons.

My dilemma is that several of the big construction companies refuse to allow us to do so on construction sites, claiming it violates road safety rules. I believe I have the current version of the Regulations which would seem to indicate it is legal as long as persons are protected, but at the end of the paragraph it states “(Proviso to regulation 247 inserted by regulation 38 of Government  Notice R404 of 2007)”. Can you advise what this Notice refers to, I have had little luck trying to find it on the web?

Answer:

The proviso clause determines that goods and persons must be separated. I copy the regulation for you.

Circumstances under which persons may be carried on goods vehicle

Reg 247.    No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of—

(a)        at least 350 millimetres above the surface upon which such person is seated; or

(b)        at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion.

Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.

Alta Swanepoel & Associates

Also view:

Transportation of people on back of a bakkie/ goods vehicle

What is the law at this moment about transporting people on back of a bakkie/ goods vehicle?

If people are carried on a goods vehicle they must be separated from goods

If people are carried on a goods vehicle they must be separated from goods

Question

I would greatly appreciate your assistance with the following. I am a Construction Health and Safety Officer and require clarification on Regulation 247. We are trying to get our vehicles compliant and being a small company we are unable to provide separate transport for goods and persons and so we want to make our vehicles compliant in terms of transporting goods and persons.

My dilemma is that several of the big construction companies refuse to allow us to do so on construction sites, claiming it violates road safety rules. I believe I have the current version of the Regulations which would seem to indicate it is legal as long as persons are protected, but at the end of the paragraph it states “(Proviso to regulation 247 inserted by regulation 38 of Government  Notice R404 of 2007)”. Can you advise what this Notice refers to, I have had little luck trying to find it on the web?

Answer:

The proviso clause determines that goods and persons must be separated. I copy the regulation for you.

Circumstances under which persons may be carried on goods vehicle

Reg 247.    No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of—

(a)        at least 350 millimetres above the surface upon which such person is seated; or

(b)        at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion.

Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.

Alta Swanepoel & Associates

Also view:

Transportation of people on back of a bakkie/ goods vehicle

What is the law at this moment about transporting people on back of a bakkie/ goods vehicle?

If people are carried on a goods vehicle they must be separated from goods

If people are carried on a goods vehicle they must be separated from goods

Question

I would greatly appreciate your assistance with the following. I am a Construction Health and Safety Officer and require clarification on Regulation 247. We are trying to get our vehicles compliant and being a small company we are unable to provide separate transport for goods and persons and so we want to make our vehicles compliant in terms of transporting goods and persons.

My dilemma is that several of the big construction companies refuse to allow us to do so on construction sites, claiming it violates road safety rules. I believe I have the current version of the Regulations which would seem to indicate it is legal as long as persons are protected, but at the end of the paragraph it states “(Proviso to regulation 247 inserted by regulation 38 of Government  Notice R404 of 2007)”. Can you advise what this Notice refers to, I have had little luck trying to find it on the web?

Answer:

The proviso clause determines that goods and persons must be separated. I copy the regulation for you.

Circumstances under which persons may be carried on goods vehicle

Reg 247.    No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of—

(a)        at least 350 millimetres above the surface upon which such person is seated; or

(b)        at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion.

Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.

Alta Swanepoel & Associates

Also view:

Transportation of people on back of a bakkie/ goods vehicle

What is the law at this moment about transporting people on back of a bakkie/ goods vehicle?

If people are carried on a goods vehicle they must be separated from goods

Must I by law be able to see through the rear window when driving?

Question:

I am wanting to know how legal these Renault Kangoo and VW Caddy’;s are. When reversing either of these vans one cannot see directly behind the van as there are no windows in the back door. I am told that in the VW Caddy the black board can be removed revealing a tinted window.

My question is, “how legal are these van’;s as you cannot see out the rear, need to use the side mirrors”?.

These are still classed as panel vans and are not trucks?

Answer:

They are legal. The law requires that you need to see the road behind the vehicle and if that is not possible with a rear view mirror a side mirror on the left-hand side is allowed. Most big trucks operate like that as well. If you draw a caravan you also use the outside mirrors as the rear view mirror’s view is blocked.

 

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Must I by law be able to see through the rear window when driving?

What does the Rules of the Road require on visibility and distance a driver must see ahead?

Question:

My truck, abnormal vehicle, was driving on the N11 and was stopped by a traffic officer claiming visibility is poor. The driver in turn claimed he could see well ahead of him. Now how far must the driver be able to see, or is it about other vehicles seeing him from behind?

Your kind response would be appreciated.

Answer:

I assume one of the conditions of the permit was that the vehicle must pull over in poor visibility.

The only provision is reg 157 that deals with the distance a person must be able to see before he must switch his head lamps on.

Vehicles to be equipped with certain lamps and times when certain lamps to be lighted

Reg 157.     (1)        No person shall operate on a public road a motor vehicle unless—

(a)        all lamps fitted to a motor vehicle as contemplated in regulations 159 to 184 inclusive, are undamaged, properly secured, and capable of being lighted at all times; and

(b)        the head lamps, rear lamps and number plate lamps are kept lighted during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres: Provided that the provisions of this paragraph shall not apply to a motor vehicle parked off the roadway of a public road or in a parking place demarcated by appropriate road traffic signs or within a distance of 12 metres from a lighted street lamp illuminating the public road on which such vehicle is parked.

(2)        No person shall operate on a public road a motor cycle, a motor cycle with a side car, a motor tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times: Provided that the provisions of this subregulation shall not apply to a motor cycle, motor cycle with side car, motor tricycle or motor quadrucycle manufactured before 31 December 1960 which is used only during the period from sunrise to sunset.

(3)        A person operating a motor vehicle on a public road shall extinguish the main‑beam of the light emitted by the head lamp of such vehicle if such main-beam could cause a dangerous glare to oncoming traffic.

Alta

Alta Swanepoel & Associates

Also view:

Lighting, Head Lamps and Spot Lights on Vehicles and Rules of the Road

Lighting and Safe Driving

What does the Rules of the Road require on visibility and distance a driver must see ahead?