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National Road Traffic Act, 1996 (Act No. 93 of 1996)

Chapter II : Application of Act and minimum requirements

3A. Appointment of officers

 

1) For the purposes of this Act—
a) the chief executive officer may, upon such conditions as he or she may determine, appoint as many persons as –
i) inspectors of Iicences;
ii) examiners of vehicles;
iii) examiners for driving licences;
iv) traffic officers; and
v) traffic wardens, as he or she may deem expedient;
b) an MEC may, upon the conditions set by the chief executive officer, appoint for the province concerned as many persons as –
i) inspectors of Iicences;
ii) examiners of vehicles;
iii) examiners for driving licences;
iv) traffic officers; and
v) traffic wardens, as he or she may deem expedient;
c) a local authority which is a registering authority may, upon the conditions set by the chief executive officer, appoint for its area as many persons as –
i) inspectors of Iicences;
ii) examiners of vehicles; and
iii) examiners for driving licences, as it may deem expedient;
d) any local authority or two or more local authorities may jointly appoint for its area or for their areas jointly, as the case may be, upon the conditions set by the chief executive officer, as many persons as traffic officers or reserve traffic officers as may be reasonably necessary, and such officers shall function within such area or areas;
e) any local authority may appoint persons as traffic wardens or as reserve traffic wardens to exercise or perform within its area such powers and duties of a traffic officer as the MEC may determine: Provided that the MEC may—
i) make different determinations in respect of different categories of traffic wardens; and
ii) either generally or specifically, impose conditions with regard to the exercise or performance of such powers and duties; and
iii) any person or institution determined by the chief executive officer by notice in the Gazette, may. on the conditions and for the areas determined in the notice, appoint any person as an examiner of vehicles or as an examiner for driving licences.

 

2) Notwithstanding anything to the contrary contained in this Actor any other law, the chief executive officer may, in consultation with the MEC or local authority concerned, as the case may be, determine that some or all traffic officers and reserve traffic officers appointed by such MEC or local authority, may function within an area or areas determined by the chief executive officer.

 

3)
a) No person shall be appointed under subsection (1) as an authorised officer unless he or she has been graded and registered in the prescribed manner;
b) Any person who is not so graded and registered may be appointed once on probation as an authorised officer for a period not exceeding 12 months or for such further period as the MEC may approve;
c) It must be a condition of appointment that the person appointed on probation must during such probation period comply with the competency and registration requirements prescribed for the specific category of appointment;
d) A person appointed under paragraph (b) may not use an authorized officer’s infrastructure number to certify a vehicle tested by such person.

 

4) Any person appointed under subsection (1) as an authorised officer, shall upon his or her appointment be issued with a certificate of appointment by the chief executive officer, MEC concerned, local authority, person or institution appointing him or her, as the case may be.

 

5) An authorised officer shall not exercise any power or perform any duty unless he or she is in possession of his or her certificate of appointment.

 

6) An authorised officer shall produce his or her certificate of appointment at the request of any person having a material interest in the matter concerned.

 

7) A traffic officer shall at all times when wearing a full or partial traffic officer’s uniform, display his or her official name tag above the right breast pocket of his or her uniform in such a manner that it is completely visible and easily legible.