79. Examiners
There shall be such number of examiners as may be necessary for the purposes of this Act to test and examine, at such places and at such times, the ability of applicants for licences whose offices shall be public offices and form part of the Public Service.
80. Appointment of inspecting officers
(1) The Minister:
(a) may, for the purpose of examining and testing motor vehicles and trailers and issuing certificates of roadworthiness therefor, appoint such inspecting officers as he thinks fit; and
(b) shall issue to each inspecting officer appointed in terms of paragraph (a) such badge of office as may be prescribed.
(2) Each inspecting officer shall, whilst on duty, wear the badge of office issued to him in terms of paragraph (b) of subsection (1).
81. Regulations
(1) In subsection (5):
“continuing offence” means the offence committed by a person who:
(a) has been convicted of an offence in terms of regulations; and
(b) persists, after a conviction referred to in paragraph (a), in the course of conduct which constituted the offence referred to in that paragraph.
(2) The Minister may by regulation provide for all matters which:
(a) by this Act are required or permitted to be prescribed; or
(b) in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(3) In the exercise of the powers conferred upon him by subsection (2), the Minister may provide for all or any of the matters set out in the Third Schedule.
(4) Regulations may delegate to the Minister, the Commissioner of Police or any member of the Public Service designated therein authority to exempt, subject to such conditions as he may impose for ensuring the safety of the public or the preservation of the roads, particular vehicles or classes of vehicles from the provisions of regulations.
(5) Regulations may create offences and prescribe penalties for such offences, including, without derogation from section 21 of the Interpretation Act [Chapter 1:01]:
(a) different penalties in respect of successive or continuing offences; and
(b) different penalties in respect of drivers and owners of vehicles who commit such offences:
Provided that:
(i) subject to proviso (ii), no such penalty shall exceed a fine of level five or imprisonment for a period of six months or both such fine and such imprisonment; or
(ii) in the case of regulations fixing the axle load that is permitted on any road, no such penalty shall exceed a fine of level seven or imprisonment for a period of one year or both such fine and such imprisonment.
[Subsection substituted by section 28 of Act 3 of 2000 and amended by section 4 of Act 22 of 2001.]
(6) ...
[Subsection repealed by section 4 of Act 22 of 2001.]
(7) …
[Subsection repealed by section 28 of Act 3 of 2000.]
(8) Regulations may provide for repealing any by-laws dealing with the same subject matter as regulations.
(9) Regulations shall provide for:
(a) traffic signs of a regulatory type or character which a local authority may, in the exercise of the powers referred to in subsection (7) of section thirty-nine, cause or permit to be placed:
(i) in the case of a municipal council, on or near any road within the urban area under its jurisdiction; or
(ii) in the case of a town council, on or near any road other than a State road within the urban area under its jurisdiction; or
(iii) in the case of a rural district council, on or near any road, other than a State road, within the area for which the rural district council is a local authority for the purposes of this Act; or
(v) in the case of a local board, on or near any road other than a State road within the urban area under its jurisdiction; and
(b) the procedure to be followed and the conditions to be observed by the local authority referred to in paragraph (a) in connection with the placing of the traffic signs referred to in that paragraph.
82. Regulations, by-laws and resolutions relating to speed limits
(1) Regulations may provide for:
(a) the maximum speed at which all vehicles or vehicles of a particular class may be driven on any road and, in so doing, may provide for different maximum speeds in respect of particular types of roads; and
(b) the maximum speed at which all vehicles or vehicles of a particular class may be driven on any road within a specified area or on any particular portion of a road, which maximum speed shall not:
(i) be greater than the appropriate maximum speed provided for in terms of paragraph (a); and
(ii) apply in relation to any road or portion of a road in respect of which a maximum speed has been provided for in terms of subsection (2) or (3); and
(c) the minimum speed at which all vehicles or vehicles of a particular class may be driven on any road within a specified area or on any particular portion of a road, other than a road or portion thereof in respect of which a minimum speed has been provided for in terms of subsection (2) or (3).
[Paragraph inserted by section 29 of Act 3 of 2000.]
(2) Subject to this section, a local authority other than a local board may make by-laws in terms of Part XVII of the Urban Councils Act [Chapter 29:15] or Part XI of the Rural District Councils Act [Chapter 29:13], as the case may be, providing for:
(a) the general maximum speed at which all vehicles or vehicles of a particular class may be driven on any road within the whole of the urban area under its jurisdiction or any specified part of that area;
(b) the maximum speed at which all vehicles or vehicles of a particular class may be driven on any particular road or portion of a road within the urban area under its jurisdiction;
(c) the minimum speed at which all vehicles or vehicles of a particular class may be driven on any particular road or portion of a road within the urban area under its jurisdiction.
[Subsection substituted by section 29 of Act 3 of 2000.]
(2a) A maximum speed prescribed in by-laws referred to in subsection (2) shall not be greater than the appropriate maximum provided for in terms of paragraph (a) of subsection (1).
[Subsection inserted by section 29 of Act 3 of 2000.]
(2b) A local authority, other than a municipal council, shall not exercise the powers conferred by subsection (2) in respect of a State road.
[Subsection inserted by section 29 of Act 3 of 2000.]
(3) A municipal council may exercise the powers conferred by subsection (2) by a resolution duly passed by the municipal council instead of by making by-laws, in which case:
(a) such resolution shall be published in the Gazette and in a newspaper circulating in the urban area under its jurisdiction; and
(b) production in any court of a copy of the Gazette containing a notice of the passing of such resolution by the municipal council and of the terms of such resolution shall be sufficient evidence of the passing, and the terms, of such resolution.
83. [Repealed.]
[Section repealed by section 39 of Act 20 of 2000]
83A. Penalty points system
(1) Subject to this section, regulations may provide for persons who are convicted of offences relating to the driving of motor vehicles to receive one or more penalty points for each such conviction and for them to be prohibited from driving and additionally, or alternatively, for their licences to be cancelled after they have accumulated a specified number of such penalty points.
(2) Regulations referred to in subsection (1):
(a) may specify the number of penalty points to be imposed for a conviction of any particular offence:
Provided that the regulations may permit a court to impose more or fewer penalty points according to the circumstances of the offence;
(b) shall specify the number of penalty points which will result in a prohibition from driving or the cancellation of a licence:
Provided that the regulations:
(i) may specify different numbers of penalty points for a prohibition from driving or for the cancellation of a licence;
(ii) may provide that persons who accumulate penalty points within two years after obtaining a drivers licence shall be prohibited from driving or have their drivers licences cancelled upon accumulating a lesser number of penalty points than other persons;
(iii) shall provide that penalty points cease to be counted for this purpose after a specified period;
(c) shall specify the period, not exceeding five years, for which persons who have accumulated the specified number of penalty points shall be prohibited from driving;
(d) shall specify the classes of motor vehicles to which any prohibition from driving relates;
(e) may provide for the endorsement of penalty points on licences, and in that connection may provide for the surrender of licences for endorsement upon conviction of an offence in terms of section 356 of the Criminal Procedure and Evidence Act [Chapter 9:07];
(f) shall require any court that convicts a person under section 356 of the Criminal Procedure and Evidence Act [Chapter 9:07] of an offence for which penalty points are imposed to notify the Registrar in the form and manner prescribed in the regulations of the number of penalty points that have been imposed for the offence.
(3) Where a court convicts a person in terms of section 356 of the Criminal Procedure and Evidence Act [Chapter 9:07] of an offence for which penalty points are to be imposed in terms of regulations referred to in subsection (1), the court shall impose:
(a) the number of penalty points that are required to be imposed in terms of the regulations, where the regulations prescribe a specific number of penalty points for that offence; or
(b) the maximum number of penalty points that may be imposed in terms of the regulations for that offence, where the regulations prescribe a range of penalty points for that offence;
unless the regulations permit the court to impose fewer penalty points upon such a conviction.
(4) Regulations referred to in subsection (1) shall not apply in regard to offences committed before the date of commencement of the regulations.
(5) Where regulations referred to in subsection (1) are amended so as to increase the number of penalty points receivable for a conviction of any offence, the amendment shall not have effect in relation to offences committed before the date of commencement of the amendment.
(6) Subject to section sixty-four A, the fact that, in terms of regulations referred to in subsection (1), a person has received any penalty points upon conviction of an offence shall not affect the court’s power or duty to impose any punishment upon him or to make any order in regard to him in terms of this Act:
Provided that the court may take into consideration the fact that he has received the penalty points when the court determines the sentence to be imposed upon him.
[Section inserted by section 30 of Act 3 of 2000.]
84. Register and other documents to be accepted as evidence
(1) An extract from, or a statement in writing based on the contents of, the register referred to in paragraph (a) of section five shall, if it purports to be certified by the officer having control or custody of such register to be a true extract or correct statement, as the case may be, be received in evidence in any court on its mere production by any person as proof of the facts stated therein, unless the contrary is proved.
(2) A copy of, or extract from, an original document under the control or in the custody of the Registrar or any officer serving under the Registrar shall, if it purports to be certified by the Registrar or such officer to be a true copy or extract, be received in evidence in any court on its mere production by any person as proof of the facts stated therein, unless the contrary is proved.
(3) A document purporting to be a certificate signed by or on behalf of the Registrar stating whether or not, according to the records kept by the Registrar, any person has been convicted of any offence involving a motor vehicle and setting out the particulars of any such conviction shall be received in evidence in any court on its mere production by any person as proof of the facts stated therein, unless the contrary is proved.
85. Administrative charges for collection of fees
If any fees payable in terms of this Act are collected by an issuer of licences not employed by the State, there may be paid to such person as the Minister may determine in respect of such collection such administrative charges as may be fixed by the Minister and for that purpose such issuer of licences may:
(a) before paying such fees into the Consolidated Revenue Fund, deduct therefrom the amount of such charges and pay them to a person determined by the Minister; and
(b) pay such fees, less the deduction referred to in paragraph (a), into the Consolidated Revenue Fund.
86. Organization of or participation in races, rallies, tests or trials
(1) In this section:
“test or trial” means any race, rally, reliability trial, speed test or other test or trial.
(2) A person shall not on a road organize or participate in any test or trial unless the test or trial has been authorized in terms of subsection (3).
(3) The Commissioner of Police may, on the application of the organizer of a test or trial, give authority in writing for the test or trial to be held on such roads and under such conditions for ensuring public safety as he may fix in such authority.
(4) A person who:
(a) contravenes subsection (2); or
(b) organizes or participates in any test or trial on roads other than roads fixed in an authority referred to in subsection (3); or
(c) fails to comply with any condition fixed in an authority referred to in subsection (3);
shall be guilty of an offence and liable to a fine not exceeding level seven 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.]
87. Presumptions
(1) In any prosecution under this Act, the road on which the offence concerned is alleged to have occurred shall be presumed to be a road as defined in subsection (1) of section two, unless the contrary is proved.
(2) If in any prosecution for an offence in terms of this Act it is alleged in any indictment, summons or charge that a person was not, at a particular date, the holder of a licence entitling him to drive on a road a motor vehicle of any class, it shall be presumed, unless the contrary is proved, that such allegation is true.
(3) If, in any prosecution for an offence in terms of subsection (5) of section six, section seven A, subsection (7) of section thirteen, subsection (5) of section twenty-two, subsection (2) of section thirty-eight B, subsection (2) of section forty-three, paragraph (b) of subsection (2) of section forty-nine, subsection (1) or (1a) of section fifty, subsection (1) of section fifty-one, subsection (2) of section fifty-two, subsection (2) of section fifty-three, subsection (2) of section fifty-four, subsection (2) of section fifty-five or subsection (7) of section seventy-three, or for an offence in terms of regulations fixing the axle load permitted on any road, it is proved that:
(a) a commuter omnibus or a heavy vehicle was driven on a road in contravention of the provision concerned; and
(b) an owner of a commuter omnibus or a heavy vehicle could, by the exercise of reasonable care, have prevented it being driven in the manner referred to in that paragraph;
the owner of the commuter omnibus or heavy vehicle concerned shall be presumed to have permitted it to be so driven unless he satisfies the court:
(i) that he did not know and could not reasonably have known of the contravention; and
(ii) that he took all reasonable precautions to prevent the contravention taking place.
[Subsection inserted by section 31 of Act 3 of 2000.]
88. [Repealed.]
[Section repealed by section 4 of Act 22 of 2001]
88A. When mandatory penalties need not be imposed
(1) Notwithstanding any other provision of this Act, if a person who has been convicted of an offence in terms of this Act for which a minimum penalty is prescribed satisfies the court that there are special reasons in the particular case why such a penalty should not be imposed upon him, the court may impose upon him any penalty within its jurisdiction:
Provided that the court shall record any factor or circumstance which it is satisfied is a special reason for the purpose of this section.
(2) Notwithstanding any other provision of this Act, where an owner is convicted of an offence in terms of this Act involving the driving of his motor vehicle and he was not physically driving it at the time the offence was committed, the court convicting him need not impose upon him any mandatory prohibition from driving that the court may be required to impose upon a driver convicted of the offence concerned.
[Section inserted by section 33 of Act 3 of 2000.]
89. Special jurisdiction of magistrates courts
(1) A magistrate shall have jurisdiction to impose any minimum penalty prescribed by this Act for any offence.
[Subsection substituted by section 34 of Act 3 of 2000.]
(2) If a person is convicted by a magistrates court of an offence at common law by or in connection with the driving of a motor vehicle and:
(a) was charged in the alternative with; or
(b) was liable on a charge of committing such offence to be found guilty of;
an offence in terms of this Act, which offence is proved by the facts, the magistrates court shall have special jurisdiction to impose the same penalties as it could have imposed if it had convicted him of the offence in terms of this Act.
(3) Nothing in this section contained shall be construed as allowing a magistrates court to impose for any offence in terms of this Act a penalty greater than the maximum penalty provided by this Act for such offence.
(4) Nothing in subsection (1) or (2) contained shall be construed as limiting in any way the jurisdiction conferred on magistrates courts by the Magistrates Courts Act [Chapter 7:10].
90. Certificate of Registrar to be produced before sentence may be passed in certain cases
A court which has convicted any person on a charge of contravening section fifty-two, fifty-three, fifty-four, fifty-five, seventy-six or seventy-seven shall not pass sentence upon him until there has been produced to the court a certificate, signed by or on behalf of the Registrar, stating whether or not, according to the records kept by the Registrar, the convicted person has previously been convicted of any offence involving a motor vehicle and setting out the particulars of any such previous conviction recorded in the records:
Provided that the court may pass sentence upon the convicted person without such a certificate having been produced if the court is satisfied, from evidence before it, that:
(a) the person has previously been convicted of an offence involving a motor vehicle and accordingly the court is required, in the absence of special circumstances in the case, to prohibit the person from driving; and
(b) it would not be in the interests of justice to delay passing sentence upon the person pending the production of such a certificate;
and the court shall endorse on the record of the case its reasons for so passing sentence.
91. Previous convictions
A conviction of an offence in terms of a provision of the Roads and Road Traffic Act [Chapter 263 of 1974] may, for the purposes of this Act, be treated as a previous conviction of the equivalent offence, if any, in terms of this Act.
92. Savings
(1) Subject to this Act, any matter or thing lawfully made, done or commenced under a provision of the Roads and Road Traffic Act [Chapter 263 of 1974], which matter or thing, immediately before the appointed date, was of, or was capable of acquiring, force or effect, shall continue to have or acquire force or effect, as the case may be, and shall be deemed to have been made, done or commenced under this Act.
(2) Any:
(a) regulations or resolutions made or passed in terms of a provision of the Roads and Road Traffic Act [Chapter 263 of 1974] which were in force immediately before the appointed date shall continue in operation, mutatis mutandis, as though they were and shall be deemed to be, regulations or resolutions made or passed in terms of this Part until such time as they are repealed by the Minister or the municipal council concerned, as the case may be, in terms of this Part; or
(b) by-laws made in terms of 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 87 of the Roads and Road Traffic Act [Chapter 263 of 1974], which were in force immediately before the appointed date shall continue in operation, mutatis mutandis, as though they were and shall be deemed to be by-laws referred to in subsection (2) of section eighty-two, until such time as they are repealed by the local authority concerned in terms of that Part, as read with subsection (2) of section eighty-two;
and until so repealed may be amended by the Minister, such municipal council or such local authority in terms of those respective provisions.
(3) The register kept in terms of section 62 of the Roads and Road Traffic Act [Chapter 263 of 1974] immediately before the appointed date shall, on and after the appointed date, be deemed to form part of the register referred to in paragraph (a) of section five.
(4) A person who, immediately before the appointed date, was licensed or deemed to have been licensed in terms of the Roads and Road Traffic Act [Chapter 263 of 1974] to drive a motor vehicle shall, subject to subsection (2) of section six and of section eighteen, be deemed to have been issued with the appropriate licence in respect of motor vehicles of the class concerned.
(5) A disqualification or prohibition from driving or from obtaining a licence to drive a motor vehicle in terms of the Roads and Road Traffic Act [Chapter 263 of 1974] or a suspension of such licence which:
(a) subsisted immediately before the appointed date shall, subject to Part IX, be deemed to be a prohibition from driving for the unexpired period; or
(b) is imposed on or after the appointed date shall, subject to Part IX, be deemed to be a prohibition from driving for the period;
of such disqualification, prohibition or suspension.
(6) Until some other penalty is prescribed for the offence in regulations, any person who is convicted of contravening regulations fixing the axle load permitted on any road shall be liable:
(a) on a first conviction, to a fine not exceeding level three;
(b) on a second or subsequent conviction, to a fine not exceeding level four.
[Subsection inserted by section 35 of Act 3 of 2000 and section 4 of Act 22 of 2001.]