Road Traffic Laws Rationalisation Act

11 September 1998 It is hereby notified that the President ha: assented to the following Act which is hereby pubhshed for general information:— No. 47 of 1998: Road Traffic Laws Rationalisation Act, 1998. I I No. 1164. 11 September 1998 Hierby word b e k e n d gemaak d a t d i e Presiden[ ‘Y goedkeuring geheg het aan die onderstaande Wet wat hlerby ter algemene inligting gepubliseer word:— No. 46 van 1998: Wet op Rasionalisering van Wette Betreffende Padverkeer, 1998. ACT To extend the application of the Road Traffic Act, 1989, to the whole of the Republic; to repeal certain laws relating to road traffic applicable only in particular areas of the Republic in so far as they fall outside the functional areas mentioned in Schedules 4 and 5 to the Constitution; to make transitional arrangements; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Application of Road Traffic Act, 1989, throughout Republic

1. The Road Traffic Act, 1989 (Act No. 29 of 1989), including all amendments thereto by national legislation, (in this Act referred to as ‘‘the Road Traffic Act’’), applies in the whole of the Republic. 5 Partial repeal of laws

2. Every law mentioned in the Schedule, including all amendments thereto, wherever the law applied in the Republic immediately before the commencement of this Act, is hereby repealed to the extent that the law deals with matters— 10 (a) falling outside the functional areas mentioned in Schedules 4 and 5 to the Constitution; and (b) provided for in the Road Traffic Act. Transitional provisions 3. (1) Subject to subsections (2), (3) and (4), anything— 15 (a) purportedly done in good faith under a provision of a law repealed by section 2 (in this section referred to as a ‘‘repealed law’’); or (b) deemed to have been so done under a repealed law, and which may be done under a corresponding provision of the Road Traffic Act, is deemed to have been done under that corresponding provision. 20 (2) Any registration, licence, certificate, permit or authorisation — (a) purportedly effected, issued or granted in good faith under any provision of a repealed law; or (b) deemed to have been so effected, issued or granted under a repealed law, and which may be effected, issued or granted under a corresponding provision of the Road Traffic Act is deemed to have been effected, issued or granted under that corresponding provision of the Road Traffic Act, subject to the same conditions as those under which, and for the same period for which, it was effected, issued or granted. 25 (3) Any person— (a) purportedly appointed in good faith under any provision of a law repealed; or (b) deemed to have been so appointed under a repealed law, 30 to exercise a power or perform a duty which corresponds with a power that may be exercised or a duty that must be performed by a person appointed in terms of the Road 4 Traffic Act is, subject to subsection (4), deemed to have been appointed in terms of the Road Traffic Act, irrespective of whether that person meets the requirements stipulated in the Road Traffic Act for that appointment. (4) The appointment of a person deemed by subsection (3) to have been appointed under the Road Traffic Act is— (a) (b) to the same conditions as those under which that person was subject purportedly appointed under the repealed law concerned; and for the unexpired portion of the period for which that person was appointed under the repealed law concerned. (5) When by reason of a conflict with a provision of the Road Traffic Act, which applies in the whole of the Republic in terms of section 1, any provision of provincial legislation becomes inoperative, subsections (1) to (4) of this section apply with the changes required by the context. 5 10 Short title and commencement

4. This Act is called the Road Traffic Laws Rationalisation Act, 1998, and takes effect 15 on a date determined by the President by proclamation in the Gazette. 6 SCHEDULE (Section 2) No. and year of law Short title Act No. 5 of 1967 Act No. 7 of 1973 Act No. 8 of 1973 Act No. 7 of 1975 Act No. 8 of 1980 Act No. 6 of 1981 Act No. 18 of 1989 Act No. 10 of 1991 Act No. 18 of 1992 Act No. 7 of 1993 Transkei Road Traffic Act, 1967 Bophuthatswana Road Traffic Act, 1973 Lebowa Road Traffic Act, 1973 Venda Road Traffic Act, 1975 Qwaqwa Traffic Act, 1980 KaNgwane Road Traffic Act, 1981 Ciskeian Road Traffic Act, 1989 Gazankulu Road Traffic Act, 1991 KwaZulu Traffic Act, 1992 KwaNdebele Road Traffic Amendment Act, 1993