National Road Traffic Amendment Act
This section is part of an Act that amends the National Road Traffic Act, 1996.
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- South Africa
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- Act or statute
- Citation
- Act 8 of 1998
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- Language
- en
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Statute overview
About this statute
This section is part of an Act that amends the National Road Traffic Act, 1996. This section amends definitions in the National Road Traffic Act and adds or revises terms such as builder, importer, manufacturer, MEC, number plate, professional driver, and province. The heading to Chapter III of the principal Act is replaced with a new heading about registration and licensing of motor vehicles and registration of certain vehicle-related manufacturers, builders, importers, and number-plate manufacturers. Manufacturers, builders, importers, and number-plate manufacturers must register as required, register vehicles before sale or distribution, and comply with prescribed conditions. A person refused registration, or whose registration is suspended or cancelled, may appeal in writing to the Minister within 21 days, and must send a copy to the MEC at the same time.
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Provisions of National Road Traffic Amendment Act
Showing 17 of 17
- 31 Verify source ↗
March 1998 No. 480.
AI-assisted research summary: This section is part of an Act that amends the National Road Traffic Act, 1996.
31 March 1998 No. 480. KANTOOR VAN DIE PRESIDENT 31 Maart 1998 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— Hierby word bekend gemaak dat die President sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:— No. 8 of 1998: National Road Traffic Amendment Act, 1998. No. 8 van 1998: Nasionale Padverkeerswysigingswet, 1998 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the National Road Traffic Act, 1996, so as to amend six definitions, insert three and delete one; to make provision for the registration of manufacturers of number plates; to provide anew for the class of motor vehicle for which a to provide for certification of professional driving permit roadworthiness as a separate system from that of issuing of roadworthy certificates; to regulate anew the registration of operators; and to delete or replace certain obsolete expressions and references; and to provide for incidental matters. is required; BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act 93 of 1996 - 1 Verify source ↗
Section 1 of the National Road Traffic Act, 1996 (hereinafter referred to as the
AI-assisted research summary: This section amends definitions in the National Road Traffic Act and adds or revises terms such as builder, importer, manufacturer, MEC, number plate, professional driver, and province.
1. Section 1 of the National Road Traffic Act, 1996 (hereinafter referred to as the principal Act), is hereby amended— (a) by the substitution for the definition of ‘‘builder’’ of the following definition: ‘‘ ‘builder’ means any person who [for the purpose of his or her business of selling motor vehicles] manufactures or assembles motor vehicles in whole or in part from used components, or modifies motor vehicles using new or used components;’’; (b) by the insertion after the definition of ‘‘by-law’’ of the following definition: ‘‘ ‘certification of roadworthiness’, in relation to a motor vehicle, means certification of roadworthiness in terms of section 42;’’; (c) by the substitution for the definition of ‘‘importer’’ of the following definition: ‘‘ ‘importer’ means any person who [for the purpose of his or her business of selling motor vehicles] imports new or used motor vehicles into the Republic;’’; (d) by the substitution for the definition of ‘‘manufacturer’’ of the following definition: ‘‘ ‘manufacturer’ means a person who [for the purpose of his or her business of selling motor vehicles] manufactures or assembles new motor vehicles;’’; 5 10 15 20 4 (e) by the insertion after the definition of ‘‘manufacturer’’ of the following definition: (f) ‘‘ ‘manufacturer of number plates’ means a person who, for the purpose of selling number plates, manufactures number plates;’’; by the substitution for the definition of ‘‘MEC’’ of the following definition: ‘‘ ‘MEC’ means a member of the Executive Council appointed in terms of section [149] 132 of the Constitution of the Republic of South Africa, [1993 (Act No. 200 of 1993)] 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;’’; 5 10 (g) by the insertion after the definition of ‘‘motor vehicle’’ of the following definition: ‘‘ ‘number plate’ means a prescribed plate on which the licence number of a motor vehicle or motor trade number is displayed;’’; 15 (h) by the substitution for the definition of ‘‘professional driver’’ of the following definition: ‘‘ ‘professional driver’ means the driver of a motor vehicle [in respect of which an operator is registered] referred to in section 32;’’; 20 (i) by the substitution for the definition of ‘‘province’’ of the following definition: ‘‘ ‘province’ means a province [established by] referred to in section [124] 103 of the Constitution of the Republic of South Africa, [1993] 1996;’’; and (j) by the deletion of the definition of ‘‘registration plate’’. 25 Substitution of heading to Chapter III of Act 93 of 1996 - 2 Verify source ↗
The following heading is hereby substituted for the heading to Chapter III of the
AI-assisted research summary: The heading to Chapter III of the principal Act is replaced with a new heading about registration and licensing of motor vehicles and registration of certain vehicle-related manufacturers, builders, importers, and number-plate manufacturers.
2. The following heading is hereby substituted for the heading to Chapter III of the principal Act: ‘‘Registration and licensing of motor vehicles and registration of manufacturers, builders, importers and manufacturers of number plates’’. 30 Substitution of section 5 of Act 93 of 1996 - 3 Verify source ↗
The following section is hereby substituted for section 5 of the principal Act:
AI-assisted research summary: Manufacturers, builders, importers, and number-plate manufacturers must register as required, register vehicles before sale or distribution, and comply with prescribed conditions.
3. The following section is hereby substituted for section 5 of the principal Act: ‘‘Registration of manufacturers, builders, importers and manufactur- ers of number plates 5. (1) [Every manufacturer, builder or importer] The prescribed manufacturers, builders or importers, and every manufacturer of number plates shall apply in the prescribed manner to the MEC concerned for registration as a manufacturer, builder, [or] importer or manufacturer of number plates. (2) If the MEC is satisfied that an applicant referred to in subsection (1) complies with the qualifications for competency as prescribed for the specific category in respect of which application is made, he or she shall register such applicant on the conditions and in the manner prescribed. (3) The MEC may, in the prescribed manner, alter the conditions referred to in subsection (2). (4) The MEC may, in the prescribed manner, suspend for such period as he or she may deem fit, or cancel, the registration of a manufacturer, builder, [or] importer or manufacturer of number plates. (5) [Every manufacturer, builder or importer] The manufacturers, builders or importers referred to in subsection (1) shall, in the prescribed manner, register every motor vehicle manufactured, built or imported by him or her, before he or she distributes or sells such vehicle. (6) Manufacturers, builders and importers shall not manufacture, build, modify, import, sell or distribute motor vehicles except in accordance with the prescribed conditions.’’. 35 40 45 50 55 Amendment of section 6 of Act 93 of 1996 6 - 4 Verify source ↗
Section 6 of the principal Act is hereby amended by the substitution for subsection
AI-assisted research summary: A person refused registration, or whose registration is suspended or cancelled, may appeal in writing to the Minister within 21 days, and must send a copy to the MEC at the same time.
4. Section 6 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: ‘‘(1) Any person who is aggrieved at the refusal of the MEC to register him or her as a manufacturer, builder, [or] importer or manufacturer of number plates, or at the suspension or cancellation of his or her registration as a manufacturer, builder, [or] importer or manufacturer of number plates, or at the conditions on which he or she is so registered may, within 21 days after such refusal, suspension or cancellation, or notification of the conditions on which he or she is so registered, in writing appeal to the Minister against such refusal, suspension, cancellation or conditions, and such person shall at the same time serve a copy of the appeal on the MEC.’’. Amendment of section 32 of Act 93 of 1996 - 5 Verify source ↗
Section 32 of the principal Act is hereby amended—
AI-assisted research summary: This section changes the driving-permit rule for certain motor vehicles on public roads.
5. Section 32 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding the proviso of the following words: ‘‘No person shall drive a motor vehicle [in respect of which an operator is registered] of a prescribed class on a public road except in accordance with the conditions of [a permit (to be known as] a professional driving permit issued to him or her in accordance with this Chapter and unless he or she keeps such permit with him or her in the vehicle:’’; and (b) by the substitution for paragraph (b) of subsection (3) of the following paragraph: ‘‘(b) A public driving permit issued in terms of the Road Traffic Act, 1989 (Act No. 29 of 1989), or a road traffic law contemplated in [section 229 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993)] paragraph 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), shall, in accordance with the conditions thereof but subject to this Act, be deemed to be a professional driving permit for the purposes of this section for the period of validity of that public driving permit.’’. Substitution of section 42 of Act 93 of 1996 - 6 Verify source ↗
The following section is hereby substituted for section 42 of the principal Act:
AI-assisted research summary: No person may operate an unroadworthy motor vehicle on a public road, or operate without the required roadworthiness certification/certificate and its conditions. The Minister may prescribe related classes, validity periods, examinations, and certification/issuance details.
6. The following section is hereby substituted for section 42 of the principal Act: ‘‘Certification of roadworthiness required in respect of motor vehicle 42. (1) No person shall operate a motor vehicle which is not in a roadworthy condition on a public road. (2) No person shall operate a motor vehicle on a public road unless the requirements in respect of a certification of roadworthiness contemplated in subsection (4) in relation to such motor vehicle are complied with, and except in accordance with the conditions of such certification of roadworthiness. (3) No person shall operate a motor vehicle on a public road unless the requirements in respect of a roadworthy certificate contemplated in subsection (4) in relation to such motor vehicle are complied with, and except in accordance with the conditions of such roadworthy certificate. (4) Subject to this Chapter— (a) (b) (c) the classes of motor vehicles requiring certification of roadworthiness and the classes of motor vehicles requiring roadworthy certificates; the period of validity of certification of roadworthy certificates; the examination of motor vehicles; roadworthiness and 5 10 15 20 25 30 35 40 45 50 8 (e) (d) the certification of roadworthiness and issue of roadworthy certifi- cates; and any other aspect roadworthiness and regarding certification of roadworthy certificates which the Minister may deem necessary or expedient, shall be as prescribed. (5) Any document issued by a competent authority in a prescribed territory and serving a similar purpose to that of certification of roadworthiness or a roadworthy certificate shall, in accordance with the conditions thereof but subject to this Act, be deemed to be certification of roadworthiness or a roadworthy certificate for the purpose of subsection (2) or (3), as the case may be.’’. 5 10 Insertion of section 42A in Act 93 of 1996 - 7 Verify source ↗
The following section is hereby inserted in the principal Act after section 42:
AI-assisted research summary: A new section titled “Roadworthy certificate to be displayed on motor vehicle” is inserted after section 42.
7. The following section is hereby inserted in the principal Act after section 42: ‘‘Roadworthy certificate to be displayed on motor vehicle 15 - 42A Verify source ↗
Subject to section 42(5), no person shall operate a motor vehicle
AI-assisted research summary: A person must not drive the covered motor vehicle on a public road unless the required valid roadworthy certificate disc is displayed on it in the prescribed way, subject to section 42(5).
42A. Subject to section 42(5), no person shall operate a motor vehicle referred to in section 42(3) on a public road unless a valid roadworthy certificate disc issued in terms of this Act is displayed on such motor vehicle in the prescribed manner.’’. Substitution of section 43 of Act 93 of 1996 20 - 8 Verify source ↗
The following section is hereby substituted for section 43 of the principal Act:
AI-assisted research summary: This section substitutes a new section dealing with applications for certification of roadworthiness.
8. The following section is hereby substituted for section 43 of the principal Act: ‘‘Application for certification of roadworthiness - 43 Verify source ↗
Any person desiring to obtain [a roadworthy certificate] certifica-
AI-assisted research summary: A person who wants a roadworthiness certificate must apply in the prescribed manner to an appropriately graded testing station.
43. Any person desiring to obtain [a roadworthy certificate] certifica- tion of roadworthiness shall apply in the prescribed manner to an appropriately graded testing station.’’. 25 Substitution of section 45 of Act 93 of 1996 - 9 Verify source ↗
The following section is hereby substituted for section 45 of the principal Act:
AI-assisted research summary: This section says a prescribed-class motor vehicle’s owner is the operator and must be registered on licensing, with limited exceptions and operator-card rules.
9. The following section is hereby substituted for section 45 of the principal Act: ‘‘Registration of operator 45. (1) (a) Subject to paragraph (b), the owner of a motor vehicle of a prescribed class is the operator thereof, and shall, upon licensing thereof, be registered as such in the prescribed manner and on the prescribed conditions. (b) Notwithstanding the provisions of paragraph (a), a person who is not a manager, employee or agent of the owner of a motor vehicle referred to in that paragraph and who enters into a written agreement providing that such motor vehicle may be operated by such person for any period, shall for the purposes of section 49(c), (d), (e), (f) and (g) be deemed to be the operator thereof for that period. (2) The registering authority concerned shall in such circumstances as the MEC may determine, submit the particulars of the operator to the MEC concerned within seven days after registration of such operator. (3) The registering authority may issue a temporary operator card to the operator under the circumstances, in the manner and on the conditions prescribed. 30 35 40 (4) (a) The MEC shall, if satisfied that an operator card should be issued 45 to the operator, notify the registering authority concerned accordingly. (b) The registering authority referred to in paragraph (a) shall in the prescribed manner issue the operator with an operator card. (5) If the MEC is not satisfied that the operator should be issued with an operator card, he or she shall notify the operator in the prescribed manner as contemplated in section 50(3)(d). 50 10 (6) The Minister may by regulation exempt any operator or category of operators from any provision of this Act.’’. Amendment of section 49 of Act 93 of 1996 - 10 Verify source ↗
Section 49 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The vehicle operator must notify the registering authority of any change in registration circumstances within seven days and return the operator card.
10. Section 49 of the principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: ‘‘(a) notify the registering authority concerned within seven days of any change in the circumstances in relation to his or her registration as the operator of such vehicle and return the operator card in respect of that motor vehicle to that registering authority;’’. Amendment of section 50 of Act 93 of 1996 - 11 Verify source ↗
Section 50 of the principal Act is hereby amended by the deletion of subsection
AI-assisted research summary: This provision amends section 50 of the principal Act by deleting subsection (5).
11. Section 50 of the principal Act is hereby amended by the deletion of subsection (5). Amendment of section 68 of Act 93 of 1996 - 12 Verify source ↗
Section 68 of the principal Act is hereby amended—
AI-assisted research summary: This provision amends section 68 to prohibit using, displaying, or manufacturing non-compliant registration number plates and to prohibit falsifying or altering registration licence numbers or marks, especially with intent to deceive.
12. Section 68 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) No person shall use, display or manufacture any [registration] number plate which does not comply with the prescribed specifica- tions.’’; (b) by the substitution for paragraph (a) of subsection (2) of the following paragraph: ‘‘(a) falsify or counterfeit or, with intent to deceive, replace, alter, deface or mutilate or add anything to a [registration] licence number or a [registration] licence mark or a similar number or mark issued by a competent authority outside the Republic; or’’; and (c) by the substitution in subsection (5) for the words preceding paragraph (a) of the following words: ‘‘Where in a prosecution for a contravention of subsection (2)(b) or (3)(b) it is proved that a person was found in possession of a [registration] licence number or a [registration] licence mark or a similar number or mark or a document which has been falsified or counterfeited or replaced, altered, defaced or mutilated or to which anything has been added, it shall, in the absence of evidence to the contrary, be presumed that such person knew that—’’. Amendment of section 75 of Act 93 of 1996 - 13 Verify source ↗
Section 75 of the principal Act is hereby amended—
AI-assisted research summary: This provision amends Section 75 of the principal Act by making textual changes and adding a new subparagraph about training people who perform tasks related to transporting dangerous goods on public roads.
13. Section 75 of the principal Act is hereby amended— (a) by the deletion of the word ‘‘and’’ at the end of subparagraph (iii) of paragraph (h) of subsection (1); 5 10 15 20 25 30 35 (b) by the addition of the word ‘‘and’’ at the end of subparagraph (iv) of paragraph (h) of subsection (1) ; and (c) by the addition to paragraph (h) of subsection (1) of the following 40 subparagraph: ‘‘(v) the training of persons performing any task in relation to the transportation of dangerous goods on public roads;’’. Short title and commencement - 14 Verify source ↗
This Act shall be called the National Road Traffic Amendment Act, 1998, and shall
AI-assisted research summary: This Act is called the National Road Traffic Amendment Act, 1998, and it starts on a date fixed by the President in the Gazette.
14. This Act shall be called the National Road Traffic Amendment Act, 1998, and shall 45 come into operation on a date fixed by the President by proclamation in the Gazette.
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