39. Traffic signs generally
(1) The Minister or any person authorized by him thereto in writing may cause or permit traffic signs to be placed on or near any road.
(2) Traffic signs shall be of the prescribed colour, size and type:
Provided that the Minister may authorize in writing the placing or retention of traffic signs of another colour, size or type.
(3) No traffic sign shall be placed on or near a road otherwise than in terms of this Part.
(4) The Minister or any person authorized by him thereto in writing may at any time by notice in writing require the occupier or owner of land on which there is:
(a) a traffic sign which was placed there without authority; or
(b) an object which so closely resembles a traffic sign that it may reasonably be mistaken therefor; or
(c) a light which causes or is likely to cause confusion or danger to traffic using a road;
to remove such traffic sign, object or light, as the case may be.
(5) If the occupier or owner referred to in subsection (4) fails to comply with a notice in terms of that subsection, the Minister or any person authorized by him thereto in writing may:
(a) effect the removal concerned; and
(b) recover by action in a court of competent jurisdiction from such occupier or owner the expense incurred by reason of the removal referred to in paragraph (a).
(6) The Minister or any person authorized by him thereto in writing may enter on any land, other than a dwelling-house, and exercise such other powers as may be necessary for the purpose of the exercise and performance of the powers and duties conferred or imposed, as the case may be, by this section.
(7) Subject to subsection (9) of section eighty-one:
(a) a municipal council may, in respect of any road within the urban area under its jurisdiction; or
(b) a town council may, in respect of any road other than a State road within the urban area under its jurisdiction; or
(c) a rural district council may, in respect of any road other than a State road within the area for which it is a local authority for the purposes of this Act; or
(d) a local board may, in respect of any road other than a State road within the urban area under its jurisdiction;
exercise the powers conferred on the Minister by subsections (1), (4), (5) and (6).
40. Minister or local authority may prohibit passage of traffic or impose conditions or restrictions relating to use of road by traffic or limit kind or mass of traffic
(1) Subject to subsections (2) and (3), the Minister or a local authority may, by placing notice boards or traffic signs on or near a road:
(a) prohibit the passage of any animal, pedestrian or vehicular traffic or class thereof over the road or any portion thereof; or
(b) impose any conditions or restrictions relating to the use of the road or any portion thereof by any animal, pedestrian or vehicular traffic or class thereof; or
(c) limit the kind or mass of vehicular traffic using the road or any portion thereof;
if he or it considers such prohibition, imposition or limitation to be necessary in the public interest or for the protection or safety of the animal, pedestrian or vehicular traffic or class thereof using the road or any portion thereof:
Provided that:
(i) the Minister may exercise the powers conferred on him by this subsection only in relation to:
(a) a road outside; and
(b) a State road within;
the area for which a local authority is established or of any local government area administered and controlled by a local authority;
(ii) a local authority may exercise the powers conferred on it by this subsection only in relation to a road, other than a State road, within the area for which it is established and of any local government area administered and controlled by it.
(2) Any person who is aggrieved by a prohibition, condition, restriction or limitation made or imposed, as the case may be, by a local authority in terms of subsection (1) may, in addition to any other legal means of recourse which may be available to him, appeal against such prohibition, condition, restriction or limitation to the Minister.
(3) The Minister may on an appeal in terms of subsection (2) confirm, vary or reverse the prohibition, condition, restriction or limitation concerned and his decision shall be final.
(4) Any notice board or traffic sign:
(a) referred to in subsection (1); and
(b) purporting to be placed by authority;
shall itself, unless the contrary is proved, be sufficient evidence that the prohibition, condition, restriction or limitation set forth thereon has been made or imposed, as the case may be, by the authority of the Minister or local authority.
(5) A person who fails to comply with a prohibition, condition, restriction or limitation made or imposed in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment
[Subsection amended by section 4 of Act 22 of 2001.].
41. Speed limit traffic signs
(1) In this section:
“maximum speed” means the maximum speed:
(a) provided for in terms of:
(i) subsection (1) of section eighty-two; or
(ii) Part XVII of the Urban Councils Act [Chapter 29:15] or Part XI of the Rural District Councils Act [Chapter 29:13], as read with subsection (2) or (3) of section eighty-two; or
(b) fixed in terms of subsection (3);
as the case may be;
“minimum speed” means the minimum speed provided for in terms of:
(a) subsection (1) of section eighty-two; or
(b) Part XVII of the Urban Councils Act [Chapter 29:15] or Part XI of the Rural District Councils Act [Chapter 29:13], as read with subsection (2) of section eighty-two.
[Definition inserted by section 14 of Act 3 of 2000.]
(2) A local authority shall place and maintain on or near each road:
(a) where such road enters the urban area under its jurisdiction or any specified part thereof in respect of which a general maximum speed has been provided for:
(i) a traffic sign indicating the general maximum speed provided for in respect of such urban area or such part thereof, as the case may be; and
(ii) if a maximum speed different from the maximum speed referred to in subparagraph (i) has been provided for in respect of such road or part thereof, a traffic sign indicating such different maximum speed; and
(b) at each point on such road within the urban area under its jurisdiction at which a different maximum speed becomes applicable, a traffic sign indicating the maximum speed applicable beyond such point; and
(b1) at each point on such road where a minimum speed becomes applicable, and at each point where it ceases to be applicable, a traffic sign indicating the minimum speed or, as the case may be, the fact that the minimum speed has ceased to be applicable; and
[Paragraph inserted by section 14 of Act 3 of 2000.]
(c) at the point where such road leaves the urban area under its jurisdiction, a traffic sign indicating that the maximum speed applicable immediately before such point does not apply beyond such point:
Provided that:
(i) this subsection shall not apply in respect of a State road which enters or leaves the urban area under the jurisdiction of a local authority;
(ii) if different maximum or minimum speeds have been provided for in respect of vehicles of different classes, it shall not be necessary for a traffic sign placed and maintained in terms of this subsection to indicate the different maximum or minimum speeds so provided for in respect of vehicles of each different class;
[Proviso amended by section 14 of Act 3 of 2000.]
(iii) paragraph (c) shall not apply if, at or near the point where such road leaves the urban area under the jurisdiction of the local authority, there has been placed a traffic sign indicating the maximum speed provided for in respect of such road beyond such point.
(3) If a road has been temporarily closed for the purpose of diverting traffic for any reasonable cause:
(a) in the case of a road within the urban area under the jurisdiction of a municipal council, the municipal council; or
(b) in the case of a road other than a State road within:
(i) the urban area under the jurisdiction of a town council, the town council; or
(ii) an area referred to in paragraph (c) of subsection (7) of section thirty-nine, the rural district council concerned; or
(c) in the case of a road other than a State road within the urban area under the jurisdiction of a local board, the local board; or
(d) in the case of a road other than a road referred to in paragraph (a), (b), or (c) the provincial road engineer for the province in which such road is situated;
may fix temporarily by means of traffic signs suitably placed for all vehicles or for vehicles of any particular class a maximum speed in relation to any deviation from, or portion of, such road which is less than the maximum speed which would otherwise be applicable to such deviation or portion.
(4) If no traffic sign indicating the maximum speed provided for in respect of the road concerned is placed or maintained on a road, the maximum speed applicable to the road shall be deemed to be:
(a) in the case of a road outside the urban area under the jurisdiction of a local authority, the maximum speed provided for in terms of subsection (1) of section eighty-two; or
(b) in the case of a road or portion thereof within the urban area under the jurisdiction of a local authority, the maximum speed provided for in terms of subsection (2) or (3) of section eighty-two in respect of such urban area:
Provided that if:
(i) the local authority has provided for a general maximum speed in respect of an area within which the road or portion thereof is situate; and
(ii) the traffic signs referred to in subparagraph (i) of paragraph (a) of subsection (2) have been placed and maintained;
the maximum speed applicable to the road or portion thereof shall be deemed to be the maximum speed so provided for by the local authority.
42. Temporary control or diversion of traffic by police traffic signs
(1) Notwithstanding anything contained in this Part, a police officer may, for the purpose of temporarily controlling or diverting traffic for any reasonable cause, place on or near a road a traffic sign:
Provided that a traffic sign placed in terms of this subsection:
(a) shall, in addition to being of the prescribed colour, size and type, bear the inscription “Police Sign”; and
(b) shall not remain on display in the same place for a period exceeding seven days at any one time; and
(c) may be supported by a portable stand which is not of the prescribed height.
(2) The instructions conveyed by a traffic sign placed in terms of subsection (1) shall, while the traffic sign is so placed, override the instructions conveyed by a traffic sign placed in terms of section thirty-nine or forty-one or by any prohibition, condition, restriction or limitation made or imposed in terms of section forty.
43. Traffic signs and police directions to be obeyed
(1) The driver of a vehicle shall obey:
(a) subject to paragraph (b), all instructions conveyed by a traffic sign placed in terms of this Part; and
(b) notwithstanding any instruction conveyed by a traffic sign placed in terms of this Part or by any prohibition, condition, restriction or limitation made or imposed in terms of section forty, all directions, whether verbal or by signal, given by a police officer in uniform.
(2) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(3) A court convicting a person of an offence in terms of subsection (2) may, if such offence was committed while the motor vehicle concerned was moving and subject to the provisions of Part IX, prohibit the person from driving for such period as such court thinks fit.
44. Admissibility of affidavits relating to efficiency of certain traffic signs
In any criminal proceedings for an offence in terms of this Act or at common law by or in connection with the driving of a vehicle on a road, in which proceedings it is relevant to prove any fact relating to the capability, condition, design, dimensions, efficiency or mode of operation of a traffic sign which is a robot or flashing light signal, a document purporting to be an affidavit made by a person who in such affidavit states that in the course of his employment he constructed, maintained, operated or repaired traffic signs of the class to which such traffic sign belongs and that in the performance of his official duties in that capacity he ascertained such fact by examining, measuring or testing such traffic sign shall, on its mere production by any person in such proceedings, be proof of such fact, unless the contrary is proved:
Provided that:
(i) such an affidavit shall not be admissible unless the prosecutor or the accused, as the case may be, has received notice thereof not less than three days before its production or consents to its production;
(ii) the court in which such an affidavit is adduced in evidence may, of its own motion or at the request of the prosecutor or of the accused, cause such person to be summoned to give oral evidence in the proceedings concerned or may cause interrogatories in writing to be submitted to him for reply, such interrogatories and any reply thereto purporting to be a reply from such person being admissible in such proceedings.