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

Regulations

National Road Traffic Regulations, 2000

Chapter 1 : Definitions

1. Definitions

Purchase

In these regulations, an expression that has been defined in the Act has that meaning and, unless the context indicates otherwise—

"acceptable identification"

means—

(a)	in the case of a person, a temporary identity certificate, an identity document or identity card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);

(b)	in the case of a person, a valid South African passport issued to a South African citizen;

(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 issued in terms of regulation 335;

(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);

(e)	in the case of—

(i)	a person carrying on a business which, for the purposes of this definition, includes farming activities; or

(ii)	a body of persons not referred to in paragraph (d), a traffic register number certificate issued in terms of regulation 335;

(f)	in the case of a person, a driving licence card issued in terms of regulation 108; or

(g)

for the purposes of the identification of a person with an application in terms of regulation 8, 24 or 139 or for the purposes of the identification of a person carrying on a business and its proxy and representative, an original certified copy of the applicable certificate or document referred to in paragraph (a), (b), (c), (d) or (e):

Provided that if an application, which is required to be accompanied by acceptable identification, in terms of the Act is made to a registering authority, driving licence testing centre or testing station, such application shall also be accompanied by a copy of the applicable certificate or document referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) for record and filing purposes: Provided further that the registering authority, driving licence testing centre or testing station concerned shall return the certificate or document referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) to the applicant after the identity of the applicant has been verified;

[Definition substituted by regulation 2(a) of Notice No. R. 881 of 2004]

"adaptor dolly"

means a semi-trailer with one or more axles, designed or adapted—

(a)	to be attached between a truck-tractor or a haulage tractor and a semi-trailer; and

(b)	not to carry any load other than that imposed by a semi-trailer;

[Definition substituted by regulation 2(a) of Notice No. R. 846 of 2014]

"air suspension"

in relation to an axle unit of a motor vehicle means a method of providing an upward force on an axle in an axle unit which transmits a downward force to the remaining axle or axles in the axle unit, by pneumatic means;

"anti-burst stabilizer device"

[Definition deleted in effect by regulation 2(b) of Notice No. R. 589 of 2009]

"appropriate registering authority"

means—

(a)	subject to the provisions of paragraphs (b), (c) and (d), in relation to any matter referred to in these regulations—

(i)	in relation to a person, the registering authority in whose area of jurisdiction such person permanently resides;

(ii)	in relation to a person carrying on a business, which for the purposes of these regulations includes farming activities, the registering authority in whose area of jurisdiction such business is situated: Provided that every branch of such business shall be deemed to be a separate business;

(iii)

in relation to a body of persons which has a fixed address, the registering authority in whose area of jurisdiction such address is: Provided that every branch of such body shall be deemed to be a separate body of persons; or

(iv)	in relation to a body of persons which does not have a fixed address, the registering authority in whose area of jurisdiction the proxy or representative of such body permanently resides: Provided that every branch of such body shall be deemed to be a separate body of persons;

(b)	in relation to the registration of a motor vehicle—

(i)

subject to the provisions of items (ii), (iii), (iv), (v), (vi) and (vii), the appropriate registering authority of the title holder, and in the case of an application for a registration certificate as contemplated in regulation 16, the appropriate registering authority of the title holder or owner, whatever the case may be;

(ii)	if the manufacturer or importer of such motor vehicle has been appointed as an agent of a registering authority, such manufacturer or importer, until that manufacturer or importer records on the register of motor vehicles that the motor vehicle concerned is released for sale;

(iii)

of which the title holder is a department of State which has been appointed as a registering authority, such department of State;

(iv)	of which the title holder is a foreign government, diplomat representing a foreign country, international or intergovernmental organization or any person or class of persons determined by the Minister of Foreign Affairs, the Department of Foreign Affairs;

(v)	of which the title holder does not permanently reside in the Republic, the appropriate registering authority of the owner;

(vi)	the appropriate registering authority of the owner; or

(vii)

the appropriate registering authority of the motor dealer or seller;

[Paragraph (b) substituted by regulation 2(a) and 2(b) of Notice No. R. 404 of 2007]

(c)	in relation to the licensing of a motor vehicle—

(i)	subject to the provisions of items (ii) and (iii), the appropriate registering authority of the owner;

(ii)	of which the owner is a department of State which has been appointed as a registering authority, such department of State; or

(iii)

of which the owner is a foreign government, diplomat representing a foreign country, international or intergovernmental organization or any person or class of persons as determined by the Minister of Foreign Affairs, the Department of Foreign Affairs;

(d)	in relation to any other matter and in any circumstances not provided for in the foregoing, the registering authority nominated by the MEC concerned;

"approval mark"

means—

(a)	the approval mark of the Economic Commission for Europe denoted by the mark 'e';

(b)	the approval mark of the European Economic Committee denoted by the mark 'e'; or

(c)	any other approval mark referred to in a specification, code of practice or any directive having standardization as its aim, and issued by a national institution or organization outside the Republic for a purpose similar to that for which a certification mark has been established;

"approved"

means approved by the chief executive officer by notice in the Gazette;

"axle"

in relation to a vehicle, means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centre-lines of such wheels would be in one vertical plane at right angles to the longitudinal centre-line of such vehicle;

"axle-massload"

the sum of the wheel massload of all wheels on an axle;

"axle unit"

in relation to a vehicle, means —

(a)	a set of two or more parallel axles of such vehicle which are so interconnected as to form a unit; and

(b)	for the purpose of the definition of "wheelbase" and Parts III and IV of Chapter VI, in the case of a trailer, two or more axles, whether interconnected or not, where the distance between adjacent axles is less than one comma two metres;

[Definition amended by regulation 2(b) of Notice No. R. 1341 of 2003]

"block booking"

means the reserving of a number of unallocated appointments for a specific person or body of persons;

[Definition inserted by regulation 2(b) of Notice No. R. 846 of 2014]

" body builder"

is a sub-category of builder, and means a person who builds new bodies , or modifies existing bodies on chassis and chassis-cabs , and who is registered as a builder of new vehicles or bodies, or imports new buses, midibuses or minibuses complete with bodies, and is registered as an importer;

[Definition replaced by regulation 2(b) of Notice No. R. 891 of 2006]

"body of persons"

in relation to the title holder or owner of a motor vehicle means, a body of persons whether a body corporate or not, and includes—

(a)	two or more persons who are joint title holders or owners of such motor vehicle, excluding joint title holders or owners who are husband and wife married in community of property; and

(b)	a department of State;

"bus rapid transport system"

means a network of rapid transport lanes and other designated formal routes as well as related dedicated loading facilities which are designed for the use of rapid transport buses, rapid transport bus-trains and rapid transport feeder buses or midibuses which is monitored by a control centre;

[Definition inserted by regulation 2(a) of Notice No. R. 359 of 2010]

"bus-train"

means a bus which—

(a)	consists of two sections connected to form a unit;

(b)	can swivel in a horizontal plane at the connection between such sections;

(c)	is designed or adapted solely or principally for the conveyance of the driver and at least 100 other persons; and

(d)	has a continuous passageway over the length thereof;

"caravan"

means an enclosed vehicle which is designed or adapted solely to live in and which is drawn by another vehicle;

[Definition inserted by regulation 2(c) of Notice No. R. 881 of 2004]

"centre-line of an axle unit"

(or any like expression), means a line midway between the centre-lines of the extreme axles of an axle unit;

"certificate of compliance"

means a certificate issued by the inspectorate of manufacturers, builders and importers, to any motor vehicles to complying with the requirements of this Act.

[Definition inserted by regulation 2(c) of Notice No. R. 891 of 2006]

"certification mark"

means a certification mark as defined in section 1 of the Standards Act, 1993 (Act No. 29 of 1993);

"certification of roadworthiness"

means certification of roadworthiness issued in terms of regulation 141(2);

"consignee"

in relation to goods transported or to be transported by a vehicle means the person excluding a consignee of dangerous goods in terms of regulation 273, who is named or otherwise identified as the intended consignee of more than 500 000 kilograms of goods in a month in the goods declaration for the consignment and who actually receives such goods after they are transported by road;

[Definition inserted by regulation 2(c) of Notice No. R. 846 of 2014]

"consignor"

means a person excluding a consignor of dangerous goods in terms of regulation 273, who is named or otherwise identified as the consignor of goods in the goods declaration relating to the transportation of more than 500 000 kilograms of goods in a month by road or engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road or has possession of, or control over, the goods immediately before the goods are transported by road or loads a vehicle with the goods, for transport by road, at a place where goods are stored in bulk or temporarily held but excludes a driver of the vehicle, or any person responsible for the normal operation of the vehicle during loading;

[Definition inserted by regulation 2(c) of Notice No. R. 846 of 2014]

"converter dolly"

means a trailer which has one or more axles and, when used in combination with a semi-trailer, converts the semi-trailer into a trailer;

"convoy of motor vehicles"

means six or more motor vehicles which are operated in a group on a public road;

"date of first registration"

means the date on which a motor vehicle is registered in the Republic in terms of regulation 7(1). In a case of a motor vehicle that was previously registered in the Republic in terms of any legislation, the date on which the said motor vehicle was first registered or in any other country;

[Definition inserted by regulation 2(d) of Notice No. R. 846 of 2014]

"date of liability for first licensing"

means the date on which liability for the licensing of the motor vehicle concerned arose for the first time whether in the Republic or in any other country. In the absence of such a date, the date on which the motor vehicle concerned was registered for the first time shall be considered to be the date of liability for first licensing.

[Definition inserted by regulation 2(c) of Notice No. R. 404 of 2007]

"daytime running lamp"

means a lamp facing forward which is used to make the vehicle more easily visible in the period between sunrise and sunset;

"dedicated lane"

means a portion of the public road reserved during certain period for the exclusive use of a certain categories of motor vehicles, the use and the categories of vehicles of which are prescribed by an appropriate sign;

[Definition inserted by regulation 2(b) of Notice No. 964 of 2006]

"direction indicator"

means a device fitted to a motor vehicle for the purpose of enabling the driver of such motor vehicle to intimate his or her intention to change the direction of travel of such motor vehicle to the right or to the left;

"drawing"

means drawing a vehicle designed or adapted solely for the purpose of being drawn, by a motor vehicle that is designed or adapted solely for the purpose of drawing such vehicle;

[Definition inserted by regulation 2(c) of Notice No. 2116 of 2001]

"driving licence card"

means a driving licence card issued in terms of regulation 108(3);

"driving time"

means any period of time that the driver of a motor vehicle contemplated in the regulations occupies the drivers' seat of such motor vehicle, whilst such motor vehicle is being operated on a public road or occupies the drivers' seat of such motor vehicle, whilst the engine is running;

[Definition inserted by regulation 2(a) of Notice No. R. 589 of 2009]

"emergency brake"

means a brake, other than a service brake, which can stop a vehicle;

"emergency exit"

means any doorway, emergency window, escape hatch or other opening designed or constructed solely to be used as an exit in an event of an emergency;

[Definition replaced by regulation 2(d) of Notice No. R. 891 of 2006]

"emergency vehicle"

means a fire-fighting vehicle, rescue vehicle, ambulance, a vehicle driven by a traffic officer in the execution of his or her duties, a vehicle driven by a member of the South African Police Service or a member of a municipal police service, both as defined in the South African Police Service Act, 1995 (Act No. 68 of 1995), in the execution of his or her duties, and a vehicle driven by a person responding to a disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002);

[Definition substituted by regulation 2(e) of Notice No. R. 846 of 2014]

"emergency window"

means a window capable of being opened from inside and outside, and which does not have to be necessarily glazed, and intended to be used as an emergency exit;

[Definition replaced by regulation 2(e) of Notice No. R. 891 of 2006]

"escape hatch"

means an opening in the roof or on the floor intended to be used as an emergency exit;

[Definition replaced by regulation 2(f) of Notice No. R. 891 of 2006]

"external road traffic register user"

means a person who carries on a business and who has been registered in terms of regulation 64B;

[Definition inserted by regulation 2(d) of Notice No. R. 881 of 2004]

"front end"

in relation to—

(a)	a vehicle, other than a semi-trailer, means that part of the vehicle which projects furthest forward; or

(b)	a semi-trailer, means a line running parallel with the centre-line of the king-pin and connecting the sides of the semi-trailer at the widest and furthest point in front of the king-pin;

"front overhang"

in relation to a vehicle means that portion of the vehicle, excluding any drawbar or coupling, which projects in front of the centre-line of the front axle or the foremost axle of the front axle unit or, if such vehicle has only one axle, which projects in front of the centre-line of that axle, or in the case of a semi-trailer, which projects in front of the centre-line of the kingpin: Provided that any portion of a semi-trailer which projects in front of its front end or anything attached to a semi-trailer in front of its front end and which is within an area formed by drawing, with the king-pin as centre, an arc connecting the extreme points of the front end of the semi-trailer, shall not be deemed to be part of the front overhang of such semi-trailer;

"goods vehicle"

means a motor vehicle, other than a motor cycle, motor tricycle, motor car, mini-bus or bus, designed or adapted for the conveyance of goods on a public road and includes a truck-tractor, haulage tractor, adaptor dolly, converter dolly and breakdown vehicle;

[Definition substituted by regulation 2(f) of Notice No. R. 846 of 2014]

"gross axle massload"

in relation to a motor vehicle, means the maximum massload of a particular axle of such vehicle as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

"gross axle unit massload"

in relation to a motor vehicle, means a maximum massload of a particular axle unit of such vehicle as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

"interconnected"

means, for the purpose of the definition of "axle unit", the design is such that an upward force on one axle in an axle unit transmits a downward force to the remaining axle or axles in the axle unit;

"intersection"

means the area embraced within the prolongation of the lateral boundary lines of two or more public roads, open to vehicular traffic, that join one another at any angle, whether or not one such public road crosses the other;

"junction"

means that portion of an intersection contained within the prolongation of the lateral limits of the intersecting roadways and include any portion of the roadway between such lateral limits, and any stop or yield line marking which is painted at such intersection;

"knock-out window or panel"

means a window or panel capable of being knocked out in cases of an emergency and complies with the requirements of regulation 252;

[Definition inserted by regulation 2(c) of Notice No. R. 589 of 2009]

"licence disc"

means a disc issued in terms of regulation 25;

"licence number"

means a number as referred to in regulation 27(3);

"longitudinal centre-line"

in relation to a vehicle, means a line midway between the centre-lines of the extreme outer wheels fitted to the axles of such vehicle;

"microdot"

means a micro-particle with a diameter smaller than 1.8 mm, which bears a unique optically readable microdot identifier of which the content and structure complies with SANS 534-1; and is legible with equipment that magnifies the text 60 times.

[Definition inserted by regulation 2 of Notice No. R. 209 of 2012]

"midibus"

means a sub-category of a bus, designed or modified solely or principally for the conveyance of more than 16 and not more than 35 persons (including the driver);

[Definition substituted by regulation 2(d) of Notice No. R. 589 of 2009]

"minibus"

means a motor vehicle designed or adapted solely or principally for the conveyance of more than nine, but not more than 16 persons, including the driver;

"modify"

means—

(a)	fitting a bus body or goods body to any chassis;

(b)	altering the number of passenger seats on a motor vehicle or altering the dimension of a motor vehicle;

(c)	altering the wheelbase of a motor vehicle, unless the motor vehicle is designed to enable the wheelbase to be altered;

(d)	altering the axle or axle-unit position or number of axles;

(e)	altering a motor vehicle in such a manner that the tare of such motor vehicle changes;

[Definition substituted by regulation 2(b) of Notice No. R. 359 of 2010]

"motor car"

means a motor vehicle, other than a motor cycle, motor tricycle or motor quadrucycle, designed or adapted solely or principally for the conveyance of not more than nine persons, including the driver;

"motor home"

means an enclosed motor vehicle which is designed or adapted solely to live in and which is self-propelled.

[Definition inserted by regulation 2(e) of Notice No. R. 404 of 2007]

"motor quadrucycle"

[Definition deleted by regulation 2(d) of Notice No. R. 1341 of 2003]

"motor trade number"

means a motor trade number contemplated in regulation 69;

"motor trade number licence disc"

means a disc issued in terms of regulation 76;

"motor trade number registration certificate"

means the certificate referred to in regulation 72;

"motor transport contractor"

means a person who carries on a business of delivering motor vehicles of which he or she is not the owner;

"motor vehicle licence"

means a licence referred to in regulation 25;

"National Traffic Information System"

means the computerised National Traffic Information System that is used as a register that supports the National Road Traffic Act, 1996 (Act No. 93 of 1996) and Regulations also known as the NaTIS and include but is not limited to the —

•	register of authorised officers,

•	register of motor vehicles,

•	register of manufacturers, builders and importers,

•	register of motor trade numbers,

•	register of temporary and special permits,

•	register of external road traffic register users,

•	register of instructors,

•	register of driving licence testing centres,

•	register of driving licences,

•	register of driving licence appointments,

•	register of driving schools,

•	register of professional driving permits,

•	register of testing stations,

•	register of operators,

•	register of contraventions,

•	register of accidents,

•	register of parking exemptions, and

•	register of traffic register numbers.

[Definition substituted by regulation 2(g) of Notice No. R. 846 of 2014]

"NaTIS officer"

means a person who has been registered in terms of regulation 1D;

[Definition inserted by regulation 2(g) of Notice No. R. 404 of 2007]

"NLTTA"

means the National Land Transport Transition Act, 2000 (Act No. 22 of 2000; as it relates to public transport with specific reference to "minibus taxi type services" as defined;

[Definition replaced by regulation 2(h) of Notice No. R. 891 of 2006]

"occupational health practitioner"

means an occupational health practitioner as defined in the Occupational Health and Safety Act, 1993 (Act No. 85-of 1993), who has successfully completed a health assessment course and was duly accredited to perform the functions of an occupational health practitioner;

"operating licence"

means an operating licence issued in terms of the NLTTA;

[Definition inserted by regulation 2(i) of Notice No. R. 891 of 2006]

"overall length"

in relation to a vehicle, means the distance between the front end and the rear end of the vehicle and, in relation to a combination of vehicles, the distance between the front end of the leading vehicle and the rear end of the rearmost vehicle;

"overall height"

in relation to a vehicle, means the distance measured from ground level to the highest part of—

(a) any part of such vehicle; or

(b) any load thereon,

whichever part is the highest but, in the case of a vehicle driven by electrical power, the overall height does not include any overhead electrical contacting gear or catwalk protruding above such vehicle;

"overall width"

in relation to a vehicle, means the width measured between two planes parallel to the longitudinal centre-line of the vehicle and passing through the extreme projecting points on either side of such vehicle, excluding any side mirror or direction indicator or 30 millimetres on either side in respect of the fitment of air deflectors, reflectors or dangerous goods placards;

[Definition substituted by regulation 2(e) of Notice No. R. 881 of 2004]

"overrun brake"

in relation to a trailer means a braking system actuated by a device fitted to the drawbar of the trailer when a force is exerted on such device by reason of the inertia of the trailer;

"parking brake"

means a brake, normally a hand brake, used in the ordinary course of events to keep a vehicle stationary;

"pedestrian crossing"

means—

(a)	any portion of a public road designated as a pedestrian crossing by an appropriate road traffic sign; or

(b)	that portion of a public road at an intersection included within the prolongation or connection of the kerb line and adjacent boundary line of such road, when no pedestrian crossing has been designated by appropriate road traffic sign;

[Definition substituted by regulation 2(e) of Notice No. R. 1341 of 2003]

"permanently demolished"

means that the chassis of a motor vehicle has been—

(a)	compacted;

(b)	compressed;

(c)

melted;

(d)	destroyed; or

(e)

damaged;

to such an extent that the motor vehicle concerned cannot be made roadworthy and the chassis cannot be used to build a motor vehicle;

[Definition inserted by regulation 2(f) of Notice No. R. 1341 of 2003]

"personalised licence number"

means a licence number which shall be issued upon application under regulation 28(3);

"public transport vehicle"

means a motor vehicle conveying persons for reward and operating in terms of an operating licence issued in accordance with the provision of the NLTTA;

[Definition inserted by regulation 2(a) of Notice No. 964 of 2006]

"rapid transport bus or rapid transport bus-train"

means a bus authorised to operate along a rapid transport lane in a bus rapid transport system, and which has a regulated floor height and door configuration designed to facilitate speedy access of passengers to and from dedicated loading facilities, and includes the following subcategories;