The National Road Traffic Amendment Act has become law, providing far-reaching new rules on road safety, including the fitness of drivers and vehicles, the transportation of certain dangerous goods, the general speed limit, and the integrity of vehicles and driver’s licences.
President Cyril Ramaphosa assented to the Bill earlier this month, and it was published in the Government Gazette on 10 December.
The Bill amends the National Road Traffic Act of 1996 in several ways including by providing for the suspension and cancellation of the registration of an examiner for driving licences or an examiner of vehicles.
It also provides for the registration and grading of training centres and driving licence testing centres, as well as the registration and inspection of number plate manufacturers.
The law introduces various new offences in relation to learner’s licences and provides for the registration and grading of driving schools and their instructors.
The law disqualifies vehicle examiners who have or acquire a direct or indirect financial interest in the manufacturing, selling, rebuilding, repairing or modifying of motor vehicles.
Examiners will also be disqualified if they have or have acquired such financial interest through their spouse or partner.
Similarly, a traffic officer, reserve traffic warden, traffic warden or NaTIS (National Traffic Information System) officials are now disqualified if they have or acquired, or through their spouse or partner, have acquired a direct or indirect financial interest in a road transport services business.
Examiners for driving licences or vehicles, traffic officers and licence inspectors may be suspended or have their registration cancelled if they have been convicted of various offences in terms of the Criminal Procedure Act.
These sanctions apply also to examiners, officers and inspectors who have a direct or indirect financial interest in a variety of businesses including a driving school, road transport services business or the manufacturing of motor vehicles.
The law also calls for the registration of persons who build or modify vehicle bodies on chassis and chassis-cabs, or import new buses or midibuses.
The legislation includes fraud as a listed offence for anyone who assists a driving licence applicant in committing an offence.
The Bill signed by the President obliges emergency services to immediately respond to a road incident and render all necessary services as prescribed.
The law also stipulates that the driver of an emergency vehicle who drives such a vehicle in the course of their duties, or a person driving a vehicle while responding to a disaster in terms of the Disaster Management Act may not exceed a speed of 20km/h through an intersection.
The Western Cape Provincial MEC of Mobility, Isaac Sileku welcomed Ramaphosa’s signing of the National Road Traffic Amendment Bill, saying it marks a significant milestone in enhancing road safety initiatives.
“While we welcome the final passing of this significant law, we urge for the swift finalisation of its accompanying regulations so that these provisions can be effectively enforced.”
Main Regulations:
Suspension and Cancellation of Registrations:
- Examining officers for driving licenses and vehicle examiners may face suspension or cancellation of their registrations if convicted of certain offenses or if they have conflicts of interest.
Expanded Registration Requirements:
- New registration and grading criteria for training centers, driving schools, instructors, and testing facilities.
- Mandatory registration for manufacturers and suppliers of blank number plates, reflective sheeting, and embossers of number plates.
Prohibited Activities:
- Unauthorized issuance or misuse of learner’s licenses.
- Use of unauthorized aids during learner or driving license tests.
Regulation of Driving Schools:
- Registration and grading requirements introduced for driving schools and instructors to standardize and improve the quality of driver education.
International Driving Permits:
- Enhanced regulations for the use of international driving permits and foreign driving licenses.
Expanded Definition of Emergency and Specialized Vehicles:
- Clear definitions for various specialized vehicles like ambulances, firefighting vehicles, and rescue vehicles to regulate their use and ensure compliance.
Weighbridge Facilities and Vehicle Identification:
- New standards and registration requirements for weighbridge facilities and microdot fitment centers, which ensure accurate vehicle identification.
Impoundment of Vehicles:
- Vehicles may be impounded if operated without valid licenses, permits, or if previously issued non-compliance notices remain unaddressed.
Enhanced Qualifications for Inspectors and Officers:
- Minimum qualification requirements for licensing inspectors, examiners, and traffic officers have been updated to improve accountability and competence.
Impact on Motorists:
- Stricter Compliance: Motorists must ensure that all aspects of vehicle registration, licensing, and operation comply with the updated requirements to avoid penalties or vehicle impoundment.
- Improved Safety and Standards: By regulating driving schools and instructors more rigorously, the aim is to enhance driving skills and road safety.
- Cost Implications: Additional regulatory requirements for microdots, weighbridge facilities, and updated vehicle identification may translate into higher costs for vehicle owners.
- Enforcement and Oversight: The introduction of higher standards for traffic officers and stricter enforcement mechanisms could lead to increased checks on roads.
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