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

Chapter XV : General provisions

89. Offences and penalties

 

1) Any person who contravenes or fails to comply with any provision of this Act or with any direction, condition, demand, determination, requirement, term or request thereunder, shall be guilty of an offence.

 

2) Any person convicted of an offence in terms of subsection (1) read with section 3K(1) or (2), section 42(1) or (2), 44(1), 45(2), 46(1), 49 or 65(1), (2), (5) or (9) shall be liable to a fine or to imprisonment for a period not exceeding six years.

 

3) Any person convicted of an offence in terms of subsection (1) read with section 3A(3), section 17(4), 17(5), 18(5), 59(4), 61(2), 66(3) or 68(1), (2), (3), (4) or (6) shall be liable to a fine or to imprisonment for a period not exceeding three years.

 

4) Any person convicted of an offence in terms of subsection (1) read with section 61(1) shall be liable –
a) in the case of the death of or serious injury to a person where it is proved that the person convicted has failed to comply with paragraph (a), (b), (c) or (f) of section 61(1), to a fine or to imprisonment for a period not exceeding nine years;
b) in the case of damage in respect of any property or animal of another person where it is proved that the person convicted has failed to comply with paragraph (a), (d) or (f) of section 61(1), to a fine or to imprisonment for a period not exceeding three years; or
c) where it is proved that he or she has failed to comply with paragraph (e) or (g) of section 61(1), to a fine or to imprisonment for a period not exceeding one year.

 

5) Any person convicted of an offence in terms of subsection (1) read with section 63(1) shall be liable –
a) in the case where the court finds that the offence was committed by driving recklessly, to a fine or to imprisonment for a period not exceeding six years; or
b) in the case where the court finds that the offence was committed by driving negligently, to a fine or to imprisonment for a period not exceeding three years.

 

6) Any person convicted of an offence in terms of subsection (1) read with any other provision of this Act shall be liable to a fine or to imprisonment for a period not exceeding one year.

 

7) Notwithstanding anything to the contrary in any law contained, a magistrate's court shall be competent to impose any penalty provided for in this Act.