Legislation

Legislation passed in 2014 – NOT YET IMPLEMENTED (as of May 2015)

Planned addendums to the current RTA. 

STAATSKOERANT, 31 OKTOBER 2014 No. 38142 3

GOVERNMENT NOTICE

DEPARTMENT OF TRANSPORT

 

No. R. 846 31 October 2014NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO. 93 OF 1996)

AMENDMENT OF THE NATIONAL ROAD TRAFFIC REGULATIONS

32 No. 38142 GOVERNMENT GAZETTE, 31 OCTOBER 2014

“107. Manner and contents on which applicant for provisional driving licence to be examined and tested

(1) An applicant for a provisional driving licence shall be examined and tested by an examiner for driving licences.

(2) The examiner for driving licences shall by observation, inquiry and practical test, satisfy

himself or herself that the applicant-

  1. holds a learner’s licence which authorises him or her to drive the class of motor vehicle to which his or her application relates;
  2. knows and understands the road traffic signs;
  3. has a sound knowledge of the rules of the road and the different signals which a driver of a motor vehicle is required to give when driving on a public road;
  4. is not subject to any disqualification referred to in section 15 of the Act or regulation 102;
  5. is generally capable of driving a motor vehicle of the class to which the application relates.

(3) In the case where a person applies for a provisional driving licence which authorises him or her to drive an articulated motor vehicle, or a combination of a motor vehicle and trailer, the practical test shall be conducted while the semi-trailer is attached to the truck tractor, or the trailer is attached to the drawing vehicle, as the case may be: Provided that for the purpose of testing an applicant for a driving licence a haulage tractor may not be used to conduct the test.

(4) For the purposes of subregulation (2) an applicant shall not be required to undergo a written test.

(5) An examiner for driving licences shall in compliance with the provisions of paragraph (e) of subregulation (2)-

  1. in the case of a code B provisional driving licence, test an applicant according to the manual of the Department “K53 Practical driving test for motor vehicle drivers, Volume 1 – Light Motor Vehicles” published by the Minister by notice in the Gazette,
  2. in the case of a code Cl, C, ECl or EC provisional driving licence, test an applicant according to the manual of the Department “K53 Practical driving test for motor vehicle drivers, Volume 2 – Heavy Motor Vehicles”, published by the Minister by notice in the Gazette,
  3. in the case of a code Al or A provisional driving licence, test an applicant according to the manual of the Department “K53 Practical driving test for motor vehicle drivers, Volume 3 – Motor Cycles” published by the Minister by notice in the Gazette, and
  4. in the case of a code EB provisional driving licence, test an applicant according to the manual of the Department “K53 Practical driving test for motor vehicle driver, Volume 4 – Light Motor Vehicles Combination” published by the Minister by notice in the Gazette.

Provided that the examiner for driving licences shall use the electronic score sheet to test an applicant, if the driving licence testing centre is equipped with a motor vehicle with an electronic driving licence test surveillance system.

Insertion of regulation l07A to l07C in the Regulations

  1. The following regulations 107A to 107C are inserted after regulation 107 of the

Regulations: 

“107A. Manner and conditions for holding a provisional driving licence

(1) The provisional driving licence will be suspended for a period of 24 months if the holder has within the period of 12 months after obtaining such licence

  1. committed six traffic related offences
  2. being found guilty for driving under the influence of intoxicating liquor or drug having narcotic effect, or with an alcohol in blood or breath
  3. exceeded the prescribed speed limit
  4. operated a motor vehicle which exceeded the number of persons on any seat of the vehicle for which the seating capacity is provided for
  5. operated a motor vehicle between midnight and four am; or
  6. not completed the provisional driving licence logbook as shown in Schedule 2, on all trips undertaken within a driving time of a minimum of 60 hours.

(2) The holder of a provisional driving licence shall drive a motor vehicle displaying a red letter “P’ which is clearly visible facing out from the rear of the vehicle in a manner that the letter “P” is clearly visible and the colour is distinguishable from a distance of 20 metres behind the vehicle.”

107B. Conditions for obtaining a driving licence

(1) The applicant must be on probation for a period not exceeding 12 months.

(2) The applicant shall be granted a driving licence if he or she-

  1. holds or has previously held a provisional driving licence issued in accordance with the provisions of this Act;

  2. submit a duly completed provisional driving licence logbook as shown in Schedule 2, signed by the applicant and an authorised officer or officers; and

  3. holds a provisional driving licence which is not suspended,’

107C. Manner and contents on which a person who already is in possession of a valid driving licence can be evaluated

(1) Any person who is the holder of a licence authorising the driving of a motor vehicle in terms of Chapter IV and becomes aware thereof that he or she is disqualified from holding such licence, may apply to be evaluated by an examiner for driving licences.

(2) The examiner for driving licences, shall by observation, inquiry and practical evaluation, satisfy himself or herself that the applicant-

  1. holds or previously held a driving licence which authorises him or her to drive the            class or a lower class of motor vehicle to which his or her application for evaluation       relates;

  2. submits a medical report detailing the diseases or disabilities as contemplated in section 15 (1) (f) or (h) issued by a registered Occupational Medical Practitioner or a person who holds a qualification in Occupational Health recognised as such by the Health Professions Council of South Africa as referred to in the Health Professions Act, 1974 (Act No. 56 of 1974); and

  3. submit a report detailing the motor vehicle modifications issued by a registered   manufacturer, builder or importer in a case of a modified motor vehicle to be used for the evaluation.

(3) An examiner for driving licences shall-

  1. in the case of a code B driving licence, evaluate the competency of an applicant according to the manual of the Department “EK53 Practical competency evaluation driving test for a person with a medical condition or disability, Volume 1 – Light Motor Vehicles” published by the Minister by Notice in the Gazette;
  2.  in the case of a code C1, C, EC1 or EC driving licence, evaluate the competency of an applicant according to the manual of the Department “EK53 Practical competency evaluation driving test for a person with a medical condition or disability, Volume 2 Heavy Motor Vehicles” published by the Minister by Notice in the Gazette;
  3. in the case of a code Al or A driving licence, evaluate the competency of an applicant according to the manual of the Department “EK53 Practical competency evaluation driving test for a person with a medical condition or disability, Volume 3 – Motor Cycles” published by the Minister by Notice in the Gazette, and
  4. in the case of a code EB driving licence, evaluate the competency of an applicant according to the manual of the Department “EK53 Practical competency evaluation driving test for a person with a medical condition or disability, Volume 4 -Light Motor Vehicles Combination” published by the Minister by Notice in the Gazette.

Provided that he examiner for driving licences shall use the electronic score sheet to test an applicant, if the driving licence testing centre is equipped with a motor vehicle with an electronic driving licence test surveillance system.”