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PRESENTATION: PROPOSED REGULATION PRESENTATION: PROPOSED REGULATION

AMENDMENTS ON THE NRTA (NATIONAL ROAD AMENDMENTS ON THE NRTA (NATIONAL ROAD

TRAFFIC ACT, 1996(ACT 93 OF 1996TRAFFIC ACT, 1996(ACT 93 OF 1996

Chris HlabisaChris Hlabisa

Introduction Proposed Legislative amendments

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The National Road Traffic Act, 1996 (Act No. 93 of 1996) is the principal Act on road traffic matters;

It provides for concurrent road traffic matters with a scope as follows:

Application of Act and minimum requirements; Registration and licensing of motor vehicles, registration of

manufacturers, builders, importers and manufacturers of number pales;

Fitness of drivers; Fitness of vehicles; Operator fitness; Right of appeal; Road Safety; Dangerous goods Road traffic signs and general speed limit;

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Accidents and accident reports; Reckless or negligent driving, inconsiderate driving, driving while

under the influence of intoxicating liquor or drugs and miscellaneous offences;

Presumptions and legal procedure; Regulations, and General provisions.

The National Road Traffic Act is amended continuously, factors leading to the amendments are:

newly developed and incorporated vehicle safety standards; dangerous goods standards; improved technology; inculcation of good ethos and driver behaviour; reduction of fatal accidents, production of safe and reliable vehicle

drivers, a lacunae in the law.

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In line with the decade of action, there are important pillars requiring legislative amendments and domestic adjustments and adaptations for realisation of the pillars, decade of action pillars are as follows:

Safer vehicles;

Safer road users;

Post crash responses;

Safer roads and mobility; and

Road Safety Management

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Regulation 1 of the National Road Traffic Regulations:Amended by amending existing definitions and

introducing new definitions; Block booking – allocations of appointment slots to a person; Consignee – person that receives goods above 100 000 kg in a

month; Consignor - person that transport goods of above 100 000 kg in

a month; Reserve booking – failing to allocate the first available booking

to an applicant for a learners or driving licence. Weighbridge facility – facility with a mass measuring apparatus;

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Regulation 2 of the National Road Traffic Regulations is amended by:

introducing the new grades of examiner of motor vehicles which is a grade “C” and “D” examiners, indicating that such examiners are qualified to examine and test a motor vehicle of any class, except for a motor vehicle where a code A1 and A driving licence is required, a goods vehicle or bus, the gross vehicle mass of which exceeds 3 500 kilograms, and such examiners holds a code EC and EB driving licence respectively for a manual transmission.

Regulation 7 of the National Road Traffic Regulations is amended by:

providing that a date of liability for the registration of a motor vehicle shall also arise in the case of a motor vehicle which was previously in the Republic on the date of issue of a temporary permit issued in terms of regulation 84;

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Regulation 8 of the National Road Traffic Regulations is amended by:providing that an application for the registration of a motor vehicle shall if the motor vehicle is registered also be accompanied by a certificate issued on form RC2 as shown in Schedule 2 or on a form similar to form RC2 on the official documentation of such financial institution;

Further by substituting paragraph (g) of subregulation (2) thereby replacing reference to the old SABS standard with the new SANS standard code;

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Regulation 13 of the National Road Traffic Regulations is amended by: inserting Regulation 4A which provides for circumstances under which a motor vehicle shall be recorded as new in the register of motor vehicles:i.e.

if it is being registered and is liable for licensing for the first time and it has been manufactured or imported by a manufacturer or importer who is registered as such;

If it is being registered and is liable for licensing for the first time in the Republic and it has been imported by an importer that is not required to be registered as such and it was previously registered as new in the name of the importer in the country or origin or is being registered for the first time

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If it was previously registered as new and licensed and no change of owner has occurred; or

It was previously registered as new and there is no liability for licensing, provided that if it was registered in another country, the date of first registration of such motor vehicle must be captured in the register of motor vehicles.

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Subregulation 5 is amended to streamline the circumstances under which a motor vehicle shall be recorded as used;

Subregulation 6 is amended to properly reference the newly applicable SANS Standard 1518 “ Transportation of dangerous goods-design of vehicles, tanks and accessories for the transportation of dangerous goods”.

Regulation 13A is amended by providing that a motor vehicle which was deregistered in terms of Regulation 55 as permanently demolished shall not be registered and its parts shall not be used to build or repair any motor vehicle.

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Regulation 15 is amended by providing that in the event a motor vehicle is introduced in the register of motor vehicles by a manufacturer or importer who is an agent of a registering authority with a pre-homologated number, such motor vehicle shall not be deemed to be registered (prototype vehicles);

Regulation 20 is amended to require every motor vehicle whether operated on the public road or not to be licenced except for all motor vehicles which are exempted from registration in terms of regulation 5 of the National Road Traffic Regulations, 2000.

Regulation 21 is amended by the deletion of paragraph (g) of regulation 21 which allows an owner of a motor vehicle issued with an exemption permit in terms of section 81 to make an application to the relevant MEC to declare such motor vehicle as specially classified in relation to motor vehicle licence fees.

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Regulation 32 is amended by inserting regulation 32A thus requiring a person or body of persons registered on the NaTIS or wishes to make use of the NaTIS services to submit proof of full names, date of birth, identity number and residential and postal address.

Further providing that the Minister may, determine different dates for compliance with provisions of the inserted new regulation 32A in respect of different categories of persons and extend any date as determined.

Further prescribing a form (NCP) on which proof of change of particulars shall be submitted to the appropriate registered authority by a person or body of persons.

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Regulation 46 is amended by providing that if there is any change of name, street or postal address, proxy, representative or acceptable identification of a registered manufacturer, builder or importer, such MIB shall when notifying the Chief Executive Officer of such change also notify the Inspectorate of MIB’s (NRCS).

Further providing that on receipt of the notification referred to in subregulation (1) the MEC or Inspectorate of MIB’s shall evaluate the notification and if satisfied that such notification is in order update the particulars pertaining to such applicant in the register of manufacturers, builders and importers and notify the manufacturer, builder or importer accordingly.

Further more if the MEC is not satisfied that the notification is in order, he or she may inform the MIB to make a new application.

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Regulation 50 is amended by inserting regulation 50A Regulation 50 is amended by inserting regulation 50A providing that providing that if there is a change of name, physical or if there is a change of name, physical or postal address, proxy or representative or acceptable postal address, proxy or representative or acceptable identification of the registered manufacturer of number identification of the registered manufacturer of number plates, such manufacturer shall within 21 days after such plates, such manufacturer shall within 21 days after such change; notify the MEC of the province concerned of such change; notify the MEC of the province concerned of such change.change.

Regulation 52 is amended by providing that Regulation 52 is amended by providing that if the postal if the postal or street address, proxy or representative of the title or street address, proxy or representative of the title holder or owner of a motor vehicle which is registered in holder or owner of a motor vehicle which is registered in terms of these regulations, changes, such title holder or terms of these regulations, changes, such title holder or owner shall, within a period of 21 days after such change, owner shall, within a period of 21 days after such change, notify the appropriate registering authority of such notify the appropriate registering authority of such change on the prescribed form and submit proof, of such change on the prescribed form and submit proof, of such change.change.

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Regulation 55 is amended by providing that the title holder of a motor vehicle which is permanently demolished should within a period of three months after the date on which such motor vehicle has become permanently unfit for use, notify the appropriate registering authority, on a prescribed form, that such motor vehicle is permanently unfit for use as a motor vehicle, and to notify the appropriate registering authority, that such motor vehicle has been permanently demolished.

Further compelling the owner of the motor vehicle to submit an affidavit of demolition containing the details of the vehicle being deregistered as demolished, or to submit a certification of demolition containing the details of where the vehicle was demolished, the date when the vehicle was demolished and the name and address of the body that operates the demolition equipment.

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Regulation 56 is amended by inserting regulation 56A which prohibits a person from operating on a public road a motor vehicle manufactured after 01 December 2013, unless such motor vehicle is fitted with a metal plate or a self-adhesive tamperproof metal or plastic label, where the vehicle identification number is clearly imprinted or stamped and such plate or plastic label shall be affixed in an accessible place on a door post, under the bonnet or on the frame of the vehicle concerned or in the case of a trailer, on the left side thereof in any conspicuous place, which shall not be removed, altered, obliterated or mutilated and which cannot be transferable from one vehicle to another;

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Regulation 66 is amended by making a provision that in a case where a mass measuring certificate is required, same shall be obtained by the applicant at his or her own expense from a person in charge of a registered weighbridge facility;

Regulation 66A to 66C is inserted to provide for the manner of application for registration as a weighbridge facility, manner of registration of a weighbridge facility and the manner of cancellation or suspension of a registered weighbridge facility.

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Regulation 69 is amended to allow an examiner of motor vehicles to also test a motor vehicle issued with a motor trade plate for the purpose of certifying such motor vehicle as roadworthy as opposed to the current provisions which prohibit that;

Regulation 79 is amended to compel a proxy or representative of the holder of a motor trade number if the postal or street address changed to notify the registering authority, within 21 days after such change;

Regulation 84 is amended to allow the operation on a public road of a motor vehicle which is to be registered and licenced in the Republic in terms of Chapter III of the Act, but has not been registered and licenced or is registered in terms of Chapter III of this Act but not licenced, or which may not otherwise be operated on a public road, with a temporary permit.

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Regulation 99 is amended to categorise a haulage tractor under a class and code of driving licences because this is a new category of motor vehicle which came into being in the NRTA by the National Road Traffic Amendment Act, 2008 (Act No. 64 of 2008).

Regulation 107 is amended to make a provision that when a person applies for a 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.

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Regulation 113 is amended to make a provision where a notice of a licence holder’s new residential or postal address in terms of section 22 of the Act shall be given on a prescriber form to the appropriate registering authority of the licence holder, and be accompanied by proof of such change.

Regulation 114 is amended by the insertion of regulation 114G to 114Q to provide for the manner of registration of driving schools process, requirements to be met, manner of approval for the appointment of an instructor by a registered driving school, grades of driving schools and the cancellation or suspension of registration of a driving school, duties of a driving school owner etc;

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Regulation 117 is amended to prohibit a person from applying for a professional driving permit if such person make an application before a period of four years has lapsed, from conviction of an offence or an admission of guilt fine.

Regulation 138 is amended to make a provision whereby a motor vehicle which is 10 years and older as from a date determined by the Minister by Notice in the Gazette calculated from the first date of registration of such motor vehicle in the Republic excluding any vintage motor vehicle shall be required to be certified roadworthy after every 24 months;

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Regulation 149 is amended to include a haulage tractor in the requirements of motor vehicle brakes as this is a newly introduced category of motor vehicle in the National Road Traffic Act;

Regulation 149A is amended to prohibit a person from operating on a public road a motor vehicle which, according to the registration thereof, was registered for the first time on or after 1 July 1990, and which is fitted with an anti-theft device which is connected to or is in anyway interfering with the braking system of such motor vehicle except where such anti-theft device complies with the requirements of UN ECE Regulation 116 “The protection of motor vehicles against unauthorised use” and which is homologated as such by the National Regulator for Compulsory Specifications.

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Regulation 159 is amended to make a provision whereby a person is prohibited to operate on a public road a motor vehicle where the height of the dipped beam headlamp exceeds 1370 millimetres measured from the ground to the centre of the lamp.

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Regulation 169 is amended to allow a motor vehicle to be fitted with stop lamps, which display a flashing light signal during emergency high de-acceleration braking that complies with the requirements of standard specification SANS 20013, Uniform provisions concerning the approval of vehicles of category M, N and O with regarded to braking” or, SANS 20013H “Uniform provision concerning the approval of passenger cars with regard to braking”, and SANS 20048 “Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signaling devices”, and which is homologated as such by the National Regulator for Compulsory Specifications;

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Regulation 272 is amended by inserting regulations 272A to 272E which amongst other things regulates the driving time of drivers of certain class of motor of motor vehicles, driving time limits, require the driver to record driving time, prescribe duties to be followed by an operator or owner in relation to the maintenance and preservation of records produced by a recording device in such a motor vehicle and extending the powers of the traffic officers in relation to driving time limits.

Regulation 305 is amended by inserting regulation 305A to 305D which prescribes circumstances under which a physically disabled person may be exempted from the provisions of parking, the application for exempting a disabled person regarding the provision relating to parking, manner of issuing an exemption certificate, and the validity period of the exemption.

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Regulation 330 is amended by inserting regulation 330A to 330D to prohibit a person from offering and accepting goods on an overloaded vehicle, require a consignor of goods to have a method of determining mass of the goods transported, to compel the driver or operator of a motor vehicle to carry a goods declaration in the motor vehicle and to require a consignor or Consignee to insure goods to be carried on a motor vehicle and the motor vehicle.

Schedule 2 to the National Road Traffic Act, 1996 (Act No 93 of 1996 is amended to introduce new forms and amend existing forms.

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The amendment went through the consultative process with the Inter Provincial Policy and Procedures, Driver Technical Committee, Vehicle Technical Committee, the Traffic Legislation Technical Committee and including the relevant stakeholders, such as the SABS, SAPS, NRCS and NAAMSA. And also to the Provincial Departments of Transport, Local Authorities and various stakeholders such as the South African Bureau Of Standards and the National Association of Automobile Manufacturers of South Africa;

THANK YOU“

THANK YOU

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