National Road Traffic Act, 1996 (Act No. 93 of 1996) Chapter I : Interpretation of Act 1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"ambulance"

means a motor vehicle specially constructed or adapted for the conveyance of sick or injured persons to or from a place for medical treatment and which is registered as an ambulance;

 

"articulated motor vehicle"

means a combination of motor vehicles consisting of a truck-tractor and a semi-trailer;

 

"authorised officer"

means an inspector of licences, an examiner of vehicles, an examiner for driving Iicences, a traffic warden or a traffic officer, and also any other person declared by the Minister by regulation to be an authorised officer;

 

"breakdown vehicle"

means a motor vehicle designed or adapted solely for the purpose of recovering or salvaging motor vehicles and which is registered as a breakdown vehicle;

 

"bridge"

includes a culvert and a causeway;

 

"builder"

means any person who manufactures or assembles motor vehicles in whole or in part from used components, or modifies motor vehicles using new or used components;

 

"bus"

means a motor vehicle designed or adapted for the conveyance of more than 16 persons (including the driver, if any);

 

"by-law"

means a by-law issued under the laws of a province;

 

"certification of roadworthiness"

in relation to a motor vehicle, means certification of roadworthiness in terms of section 42;

 

"chief executive officer"

means the chief executive officer of the Corporation appointed in terms of section 15 of the Road Traffic Management Corporation Act, 1999 (Act No.20 of 1999);

 

"combination of motor vehicles"

means two or more motor vehicles coupled together;

 

"Convention"

means the International Convention relative to Motor Traffic (Paris, 1926), the United Nations Convention on Road Traffic (Geneva, 1949), or the United Nations Convention on Road Traffic (Vienna, 1968);

 

"Corporation"

means the Road Traffic Management Corporation established by section 3 of the Road Traffic Management Corporation Act,

 

"cross"

or any like expression, means to move on a public road in a direction which intersects the normal course of travel of traffic on such road;

 

"dangerous goods"

means the commodities, substances and goods listed in the standard specification of the South African Bureau of Standards SABS 0228 "The identification and classification of dangerous substances and goods;

 

"Department"

means the Department of Transport;

 

"department of State"

means a department as defined in section 1(1) of the Public Service Act, 1994 (Proclamation No.1994);

 

"Director-General"

means the Director-General:Transport

"driver"

means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or flock of animals, and "drive" or any like word has a corresponding meaning;

 

"driving licence"

means a driving licence referred to in Chapter IV;

 

"driving licence testing centre"

means a driving licence testing centre referred to in Chapter IV;

 

"edge of the roadway"

means the boundary between the roadway and the shoulder, which is indicated by an appropriate road traffic sign, or in the absence of such sign—

 

"examiner for driving licences"

means an examiner for driving licences appointed and registered in terms of sections 3A and 3C, respectively;

 

"examiner of vehicles"

means an examiner of vehicles appointed and registered in terms of sections 3A and 3C, respectively;

 

"fire-fighting vehicle"

means a motor vehicle designed or adapted solely or mainly for fighting fires and which is registered as a fire-fighting vehicle;

 

"freeway"

means a public road or a section of a public road which has been designated as a freeway by an appropriate road traffic sign;

 

"goods"

means any movable property;

 

"gross combination mass"

in relation to a motor vehicle which is used to draw any other motor vehicle, means the maximum mass of any combination of motor vehicles, including the drawing vehicle, and load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

 

"gross vehicle mass"

in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

 

"haulage tractor"

means a motor vehicle, designed or adapted mainly for drawing other vehicles, and with a gross combination mass exceeding 24 000kg, but does not include a truck-tractor or tractor.

 

"identity document"

means an identity document as defined in section 1 of the Identification Act, 1986 (Act No.72 of 1986);

"importer"

means any person who imports new or used motor vehicles into the Republic;

 

"inspector of licences"

means an inspector of licences appointed and registered in terms of [the laws of any province] sections 3A and 3C, respectively;

 

"instructor"

means any person who for direct reward—

 

"international driving permit"

means an international driving permit issued in terms of a Convention or recognised thereunder;

 

"kerb line"

means the boundary between the shoulder and the verge or, in the absence of a shoulder, the part between the edge of the roadway and the verge;

 

"learner's licence"

means a learner's licence referred to in Chapter IV;

 

"local authority"

means a transitional metropolitan substructure, transitional local council or local government body contemplated in section 1(1) of the Local Government Transition Act, 1993 (Act No.209 of 1993);

 

"manufacturer"

means a person who manufactures or assembles new motor vehicles;

 

"manufacturer of number plates"

means a person who, for the purpose of selling number plates, manufactures number plates;

 

"MEC"

means a member of the Executive Council 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, or any other person authorised by him or her to exercise any power or perform any duty or function which such MEC is empowered or obliged to exercise or perform in terms of this Act;

 

"medical practitioner"

means any person registered as such in terms of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No.56 of 1974);

 

"Minister"

means the Minister of Transport, or any other person authorised by him or her to exercise any power or perform any duty or function which such Minister is empowered or obliged to exercise or perform in terms of this Act;

 

"motor cycle"

means a motor vehicle which has two wheels and includes any such vehicle having a side-car attached;

 

"motor dealer"

means any person who is engaged in the business of buying, selling, exchanging or repairing motor vehicles required to be registered and licensed in terms of this Act or of building permanent structures onto such vehicles and who complies with the prescribed conditions;

 

"motor quadrucycle"

means a motor vehicle, other than a tractor, which has four wheels and which is designed to be driven by the type of controls usually fitted to a motor cycle;

 

"motor tricycle"

means a motor vehicle, other than a motor cycle or a tractor, which has three wheels and which is designed to be driven by the type of controls usually fitted to a motor cycle;

 

"motor vehicle"

means any self-propelled vehicle and includes –

 

"number plate"

means a prescribed plate on which the licence number of a motor vehicle or motor trade number is displayed;

 

"operate on a public road"

or any like expression, in relation to a vehicle, means to use or drive a vehicle or to permit a vehicle to be used or driven on a public road, or to have or to permit a vehicle to be on a public road;

 

"operator"

means the person responsible for the use of a motor vehicle of any class contemplated in Chapter VI, and who has been registered as the operator of such vehicle;

 

"owner"

in relation to a vehicle, means—

 

"park"

means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle;

 

"peace officer"

means a traffic officer and also a traffic warden appointed in terms of section 3A;

 

"Pedal cycle"

means any bicycle or tricycle designed for propulsion solely by means of human power;

 

"prescribe"

means prescribe by regulation;

 

"prescribed territory"

means—

 

"professional driver"

means the driver of a motor vehicle [in respect of which an operator is registered] referred to in section 32;

 

"Professional driving permit"

means a professional driving permit referred to in Chapter IV;

 

"Province"

means a province referred to in section 103 of the Constitution of the Republic of South Africa, 1996;

 

"public road"

means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes—

 

"registering authority"

means a registering authority appointed as such in accordance with section 3;

 

"registration plate"

[deleted by the National Road Traffic Amendment Act, 1998]

 

"regulation"

means a regulation under this Act;

 

"repealed ordinance"

means an ordinance or any provision of an ordinance repealed by the Road Traffic Act, 1989 (Act No.29 of 1989);

 

"rescue vehicle"

means a motor vehicle designed or adapted solely for the purpose of rescuing persons, and which is owned or controlled by a department of State, a local authority or a body approved by the MEC concerned and is registered as a rescue vehicle;

 

"reserve traffic officer"

means a person who complies with the requirements of section 3D and is registered as a traffic officer in terms of section 3C or any person who is a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and has been appointed as a reserve traffic officer by the chief executive officer or the MEC, as the case may be, on a temporary basis for a specific period;

 

"reserve traffic warden"

means a person who has been declared a peace officer by the Minister of Justice in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and has been appointed as a reserve traffic warden by the chief executive officer or the MEC, as the case may be, on a temporary basis for a specific period;

 

"road traffic ordinance"

means the Road Traffic Ordinance, 1966 (Ordinance No. 21 of 1966), of the former Transvaal, Natal, the Orange Free State and the Cape of Good Hope, respectively;

 

"road traffic sign"

means a road traffic sign prescribed under section 56;

 

"roadway"

means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic which is between the edges of the roadway;

 

"roadworthy"

in relation to a vehicle, means a vehicle which complies with the relevant provisions of this Act and is otherwise in a fit condition to be operated on a public road;

 

"roadworthy certificate"

in relation to a motor vehicle, means a certificate issued in terms of section 42;

 

"semi-trailer"

means a trailer having no front axle and so designed that at least 15 per cent of its tare is super-imposed on and borne by a vehicle drawing such trailer;

 

"Shareholders Committee"

means the Shareholders Committee established by section 6 of the Road Traffic Management Corporation Act,

 

"shoulder"

means that portion of a road, street or thoroughfare between the edge of the roadway and the kerb line;

 

"sidewalk"

means that portion of a verge intended for the exclusive use of pedestrians;

 

"South African Bureau of Standards"

means the South African Bureau of Standards referred to in section 2(1) of the Standards Act, 1993 (Act No.29 of 1993);

 

"stop"

means the bringing to a standstill of a vehicle by the driver thereof;

 

"tare"

in relation to a motor vehicle, means the mass of such vehicle ready to travel on a road and includes the mass of—

 

"testing station"

means a testing station registered in terms of section 39;

 

"this Act"

includes the regulations;

 

"title holder"

in relation to a vehicle, means—

 

"tractor"

means a motor vehicle designed or adapted mainly for drawing other vehicles and with a gross combination mass not exceeding 24 000kg, but does not include a truck-tractor;

 

"traffic officer"

means a traffic officer appointed in terms of section 3A, and any member of the Service, and any member of a municipal police service, both as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), and for the purposes of Chapters V, IX and X and sections 74 and 78 of this Act, includes a peace officer;

 

"traffic warden"

means a person who has been declared by the Minister of Justice to be a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and has been appointed as a traffic warden by the chief executive officer, the MEC or another competent authority to appoint a traffic warden, as the case may be;

 

"trailer"

means a vehicle which is not self-propelled and which is designed or adapted to be drawn by a motor vehicle, but does not include a side-car attached to a motor cycle;

 

"Transnet Limited"

means the company floated and incorporated in terms of section 2 of the Legal Succession to the South African Transport Services Act, 1989 (Act No.9 of 1989);

 

"truck-tractor"

means a motor vehicle designed or adapted—

 

"urban area"

means that portion of the area of jurisdiction of a local authority which has by actual survey been subdivided into erven or is surrounded by surveyed erven, and includes the public roads abutting thereon;

 

"vehicle"

means a device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails; and

 

"verge"

means that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway or the shoulder.