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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Road Traffic Act, No. 29 of 1989

Long title

To consolidate and amend the laws relating to the registration and licensing of motor vehicles and other vehicles and the drivers thereof, and the regulation of traffic on public roads; and to provide for certain requirements of fitness; and for matters incidental thereto.

Table of contents

SECTION TITLE
ARRANGEMENT OF SECTIONS
1. Definitions.
CHAPTER I. REGISTERING AUTHORITIES AND OFFICERS
2. Appointment of registering authorities.
3. Appointment of officers.
4. Application for registration as inspector of licences, examiner of vehicles, examiner for drivers’ licences or traffic officer.
5. Registration and grading of officers.
6. Suspension and withdrawal of registration of officer.
6A. Right of appeal to Minister.
7. Establishment of Training Committee for Traffic Personnel.
7A. Establishment of Committee for Road Traffic Law Enforcement.
8. Powers and duties of inspector of licences.
9. Powers and duties of examiner of vehicles.
10. Powers and duties of examiner for drivers’ licences.
11. Powers and duties of traffic officer.
12. Failure to comply with instruction or direction of inspector of licences, traffic officer, examiner of vehicles or peace officer.
13. Impersonating authorized officer or peace officer or inducing any such officer to forsake his duty.
CHAPTER II. REGISTRATION AND LICENSING OF MOTOR VEHICLES
14. Registration and licensing of motor vehicles.
14A. Application for registration, and registration of manufacturer, builder and importer.
14B. Suspension and cancellation of registration of manufacturer, builder or importer.
14C. Manufacturer, builder or importer to register motor vehicles.
14D. Right of appeal to Minister.
14E. Appointment of inspectorate of manufacturers, builders and importers.
CHAPTER III. FITNESS OF DRIVERS
PART I. LICENSING
15. Driver of motor vehicle to be licensed.
16. Licence to drive, either learner’s or driver’s licence.
17. Prescribing, classification and extent of learner’s or driver’s licence.
18. Disqualification from obtaining or holding learner’s or driver’s licence.
19. Failure to disclose qualification in respect of licence authorizing driving of motor vehicle.
20. Application for registration of driver’s licence testing centre.
21. Registration and grading of driver’s licence testing centre.
21A. Suspension or cancellation of registration of driver’s licence testing centre.
22. Appointment of inspectorate of driver’s licence testing centre.
22A. Right of appeal to Minister.
23. Application for and issue of learner’s licence.
24. Application for and issue of driver’s licence.
24A.
24B. Special provisions regarding drivers’ licences which ceased to be valid in terms of certain provisions of the road traffic ordinance.
25. Power of Administrator in respect of examination and testing of applicant for learner’s or driver’s licence.
26. Holder of licence to drive motor vehicle shall give notice of change of place of residence.
27. Right of appeal to Administrator.
28. When licence not issued in terms of this Act deemed to be driver’s licence.
29. Department of State may issue learner’s or driver’s licence only to person in its employment.
30. Suspension or cancellation by Administrator of licence authorizing driving of motor vehicle.
31. Lapsing of endorsement on licence.
32. Cancellation or amendment of endorsement on licence.
33. Instructor to be registered.
34. Application for registration as instructor.
35. Registration and grading of instructors.
36. Suspension and cancellation of registration of instructor.
37. Right of appeal to Minister.
38. Voidness of learner’s licence or driver’s licence issued contrary to provisions of this Chapter.
39. Use of learner’s or driver’s licence by another person prohibited.
40. Unlicensed driver not to be employed or permitted to drive motor vehicle.
PART TWO. PROFESSIONAL DRIVING PERMIT
41. Permit required by professional driver.
42. Prescribing of classification and extent of professional driving permit.
43. Application for professional driving permit.
44. Registration of professional driver.
45. Issue of professional driving permit.
46. Suspension or cancellation of professional driving permit by Administrator.
47. Right of appeal to Minister.
48. Driver of motor vehicle in respect of which operator is registered, to hold professional driving permit.
49. Voidness of professional driving permit issued contrary to provisions of this Chapter.
PART THREE. DRIVING HOURS
50. Drivers to comply with driving hours.
51. Certain classes of motor vehicles to contain recording device to measure time.
52. Duties of operator and driver of certain class of motor vehicle with regard to records.
53. Records produced by recording device may be removed and analyzed.
PART FOUR. GENERAL
54. Production of licence and permit to court.
55. Court may issue order for endorsement, suspension or cancellation of licence or permit or disqualify person from obtaining licence or permit.
55A. On conviction of certain offences licence and permit shall be suspended for minimum period and learner’s or driver’s licence cannot be obtained.
56. Procedure subsequent to endorsement, suspension or cancellation of licence or permit.
CHAPTER IV. FITNESS OF VEHICLES
57. Testing station to be registered.
58. Application for registration of testing station.
59. Registration and grading of testing station.
59A. Right of appeal to Minister.
60. Suspension or cancellation of registration of testing station.
61. Appointment of inspectorate of testing stations.
62. Roadworthy certificate required in respect of motor vehicle.
63. Application for roadworthy certificate.
64. Examination of motor vehicle and issue of roadworthy certificate and roadworthy certificate disc.
65. Prohibition against licensing of unroadworthy vehicle.
66. Prohibition against holding of more than one roadworthy certificate or roadworthy certificate disc in respect of the same motor vehicle.
67. Roadworthy certificate disc to be affixed to motor vehicle.
68. Authority conveyed by roadworthy certificate subject to provisions of Act.
69. Effect of alteration of motor vehicle on roadworthy certificate and roadworthy certificate disc.
70. Right of appeal to Administrator.
71. Voidness of roadworthy certificate or roadworthy certificate disc issued contrary to provisions of this Chapter.
72. Suspension or cancellation of roadworthy certificate and roadworthy certificate disc by Administrator.
73. Notice to discontinue operation of motor vehicle.
CHAPTER V. OPERATOR FITNESS
74. Registration of operator.
75. Issue of operator card.
76. Operator card to be displayed on motor vehicle.
77. Proof of certain facts.
78. Duties of operator.
79. Power of Administrator in respect of motor vehicles, drivers and activities of operators.
80. Appeal to Minister.
81. Act or omission of manager, agent or employee of operator.
CHAPTER VI. ROAD TRAFFIC SIGNS, GENERAL SPEED LIMIT AND PARKING METERS
82. Minister may prescribe road traffic signs.
83. Authority to display road traffic sign.
84. Failure to obey road traffic sign.
85. Speed limit.
86. Certain drivers may exceed general speed limit.
87. Certain classes of motor vehicles to contain recording device to measure speed.
88. Power of local authority to collect parking fees.
CHAPTER VII. RULES OF THE ROAD
89. Vehicle to be driven on left side of roadway.
90. Driving on divided public road.
91. Passing of vehicle.
92. Crossing or entering public road or traffic lane.
93. Driving signals.
94. Right of way at certain road junctions.
95. Procedure when turning.
96. Towing of vehicles.
97. Stopping of vehicles.
98. Parking of vehicles.
99. Certain vehicles may be stopped and parked at any place where necessary.
100. Compulsory stops
101. General duties of driver or passenger of vehicle on public road.
102. Duties relating to motor cycle, motor tricycle or motor quadrucycle.
103. Vehicle causing excessive noise.
104. Use of hooter.
105. Riding on pedal cycles.
106. Device running on rails.
107. Animal on public road.
108. Animal-drawn vehicles.
109. Pedestrian’s right of way in pedestrian crossing.
110. Duties of pedestrians.
111. Racing and sport on public roads.
112. Convoys on public road.
113. Hindering or obstructing traffic on public road.
114. Vehicle left or abandoned on public road.
115. Damage to public road.
116. Trading on public roads.
117. Special provisions relating to freeways.
CHAPTER VIII. ACCIDENTS AND ACCIDENT REPORTS
118. Duty of driver in event of accident.
119. Garage to keep record of motor vehicle involved in accident.
CHAPTER IX. RECKLESS OR NEGLIGENT DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR A DRUG HAVING A NARCOTIC EFFECT, AND MISCELLANEOUS OFFENCES
120. Reckless or negligent driving.
121. Inconsiderate driving.
122. Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood.
123. Unauthorized acts in relation to vehicle.
124. Furnishing false information.
125. Unlawful acts in relation to registration number, registration mark or certain documents.
CHAPTER X. PRESUMPTIONS AND LEGAL PROCEDURE
126. Presumption in regard to public road, freeway and public road in urban area.
127. Presumption in regard to mass ascertained by means of a mass-measuring bridge or other mass-measuring instrument.
128. Presumption in regard to gross vehicle mass of motor vehicle.
129. Proof of gross vehicle mass of motor vehicle.
130. Presumption that owner drove or parked vehicle.
131. Presumption in regard to officers.
CHAPTER XI. REGULATIONS AND BY-LAWS
132. Power of Minister to make regulations.
133. Power of local authority to make by-laws.
133A. Local authority may determine fees.
CHAPTER XII. REGISTERS AND RECORDS
134. Registers or records to be kept.
135. Copy of entry in register or record to be evidence.
136. Cognizance may be taken of information contained in register or record.
CHAPTER XIII. GENERAL PROVISIONS
137. Exemption from provisions relating to parking.
138. Doubt concerning use or classification of motor vehicle.
139. Vehicle and load may be exempted from provisions of this Act.
140. Administrator may authorize certain refunds.
141. Registering authority subject to inspection by Auditor-General.
142. Inspections for ensuring that provisions of this Act are being given effect to.
143. Variation of prescribed form.
144. Duplicate of document or token.
145. Issue of document as proof of driver’s licence in special circumstances.
146. Signature upon documents.
147. Service of notices.
148. State bound.
148A.
149. Offences and penalties.
149A..
150 Apportionment of fees.
151. Apportionment of fines.
151A. Financing.
152. Delegation.
153. Repeal of laws and savings.
154. Short title and commencement.
Sch. SCHEDULE [No title]

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