Special Investigating Units and Special Tribunals Act, 1996
R 385
Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)Chapter I : Interpretation of Act1. Definitions |
In this Act, unless the context otherwise indicates—
"acceptable identification"
means—
| (a) | a temporary identity certificate or an identity document issued in terms of the Identification Act, 1986 (Act No. 72 of 1986); |
| (b) | a passport issued in terms of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994); |
| (c) | in the case of a person not permanently resident in the Republic, an identity document issued by a foreign country or a traffic register number certificate; |
| (d) | in the case of— |
| (i) | a company, a certificate of incorporation or name change issued in terms of the Companies Act, 1973 (Act No. 61 of 1973); or |
| (ii) | a close corporation, a founding statement or a certificate of name change issued in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984); |
| (dA) | a driving licence card issued in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996); |
[Paragraph (dA) substituted by section 1(a) of Act No. 72 of 2002]
| (e) | a traffic register number certificate issued in terms of any national or provincial Road Traffic Act, in the case of – |
| (i) | a person carrying on a business which, for the purpose of this definition, includes farming activities; or |
| (ii) | a body of persons not referred to in paragraph (c); or |
| (f) | a photocopy of the applicable certificate or document referred to in paragraphs (a) to (e); |
"agency"’
means the Road Traffic Infringement Agency, established by section 3;
"authorised officer"
means—
| (a) | a traffic officer or a traffic warden appointed in terms of the laws of any province; |
| (b) | a member of the service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); |
| (c) | a national road transport inspector appointed in terms of section 37(1) of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998), or any duly appointed provincial road transport inspector; or |
| (d) | a municipal police officer appointed under any law; |
"board"
means the Road Traffic Infringement Agency Board, established by section 6;
"courtesy letter"
means a courtesy letter contemplated in section 19;
‘"date of service"
means the date on which an infringer has signed for the relevant document served on him or her under section 30;
"demerit points’"
means demerit points contemplated in section 24;
"Director-General"
means the Director-General of the national Department of Transport;
"disqualification period"
means the period contemplated in section 25 during which a person is disqualified from driving or operating a motor vehicle or applying for a learner’s licence, driving licence, professional driving permit or operator card;
"enforcement order"
means an enforcement order contemplated in section 20;
"infringement"
means a major or a minor infringement;
"infringement notice"
means an infringement notice contemplated in section 17;
"infringer"
means a person who has allegedly committed an infringement;
"issuing authority"
means—
| (a) | a local authority contemplated in Chapter 7 of the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996), the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable law; |
| (b) | a provincial administration; or |
| (c) | the Road Traffic Management Corporation, established under section 4 of the Road Traffic Management Corporation Act, 1999, |
in so far as such authority, administration or Corporation is responsible for traffic matters.
[Definition substituted by section 1 of Act No. 22 of 1999]
"major infringement"
means an offence categorised as a major infringement under section 29(a);
"MEC"
means a member of an Executive Council of a province appointed in terms of section 132 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and who is responsible for road traffic matters;
"Minister"
means the Minister of Transport;
"minor infringement"
means an offence categorised as a minor infringement under section 29(a);
"national contraventions register"
means the National Traffic Information System on which the offence details of every individual are recorded in terms of this Act;
"offence"
means an offence prescribed under section 29(a);
"penalty"
means the administrative penalty payable for an infringement as contemplated in section 31;
"prescribed"
means prescribed by regulation by the Minister under section 34;
"representations officer"
means a person contracted by the agency in terms of section 5 or appointed by the Registrar in terms of section 10 to consider representations submitted by any person who, after having committed a minor infringement, elects to make a representation;
[Definition inserted by section 1(b) of Act No. 72 of 2002]
"sheriff"
means a sheriff appointed under section 12; and
"this Act"
includes any regulation made in terms of section 34.
