ROAD TRAFFIC ACT

NO. 29 OF 1989

[ASSENTED TO 14 MARCH, 1989][DATE OF 
COMMENCEMENT: 1 JUNE, 1990]

(Unless otherwise indicated)

(English text signed by the acting State President)

as amended by

Businesses Act, No. 71 of 1991

Road Traffic Amendment Act, No. 73 of 1991

Road Traffic Second Amendment Act, No. 40 of 1992

Road Traffic Amendment Act, No. 39 of 1993

Road Traffic Second Amendment Act, No. 66 of 1993

ACT

To consolidate and amend the laws relating to the registration 
and licensing of motor vehicles and other vehicles and the 
drivers thereof, and the regulation of traffic on public roads; and 
to provide for certain requirements of fitness; and for matters 
incidental thereto.

ARRANGEMENT OF SECTIONS

Sections

Definitions		1

Chapter I	Registering Authorities and Officers	2–13

Chapter II	Registration and Licensing of Motor Vehicles	14

Chapter III	Fitness of Drivers	15–56

Chapter IV	Fitness of Vehicles	57–73

Chapter V	Operator Fitness	74–81

Chapter VI	Road Traffic Signs, General Speed Limit and 
Parking Meters	82–88

Chapter VII	Rules of the Road	89–117

Chapter VIII	Accidents and Accident Reports	118–119

Chapter IX	Reckless or Negligent Driving, Inconsiderate 
Driving, Driving while under the Influence of Intoxicating 
Liquor or a Drug Having a Narcotic Effect, and Miscellaneous 
Offences	120–125

Chapter X	Presumptions and Legal Procedure	126–131

Chapter XI	Regulations and By-laws	132–133

Chapter XII	Registers and Records	134–136

Chapter XIII	General Provisions	137–154

1.   Definitions.—In this Act, unless the context otherwise 
indicates—

“Administrator” means an Administrator as defined in section 1 
of the Provincial Government Act, 1986 (Act No. 69 of 1986);

“ambulance” means a motor vehicle specially constructed or 
adapted for the purpose of conveying sick or injured persons to 
or from a place for medical treatment and which is registered as 
an ambulance;

“articulated motor vehicle” means a combination of motor 
vehicles consisting of a truck-tractor and a semi-trailer;

“authorized officer” means an inspector of licences, examiner of 
vehicles, examiner for drivers’ licences or a traffic officer, and 
includes any other person whom the Minister may from time to 
time by regulation declare to be an authorized officer;

“breakdown vehicle” means a motor vehicle designed or 
adapted solely for the purpose of recovering or salvaging motor 
vehicles and which is registered as a breakdown vehicle;

“bridge” includes a culvert and a causeway;

“builder” means any person who, for the purposes of his 
business of selling motor vehicles, manufactures or assembles 
motor vehicles in whole or in part from used components;

[Definition of “builder” inserted by s. 1 (a) of Act No. 73 of 
1991.]

“bus” means a motor vehicle designed or adapted for the 
conveyance of more than 16 persons (including the driver, if 
any);

[Definition of “bus” substituted by s. 1 (b) of Act No. 73 of 
1991.]

“by-law” means a by-law contemplated in section 133;

“combination of motor vehicles” means two or more motor 
vehicles coupled together;

“Convention” means the International Convention relative to 
Motor Traffic (Paris, 1926), the United Nations Convention on 
Road Traffic (Geneva, 1949) or the United Nations Convention 
on Road Traffic (Vienna, 1968), and any subsequent related 
convention ratified by the Government of the Republic of South 
Africa, whichever convention is applicable to a prescribed 
territory and the Republic, and any amendment thereof;

“convoy of motor vehicles” means six or more motor vehicles 
which are operated in a group on a public road;

“credit grantor”  . . . . . .

[Definition of “credit grantor” deleted by s. 1 (a) of Act No. 40 
of 1992.]

“cross”, or any like expression, means to move on a public road 
in a direction which intersects the normal course of travel of 
traffic on such road;

“Department” means the Department of Transport;

*“department of state” means—

(a)a department as defined in section 1 (1) of the Public Service 
Act, 1984 (Act No. 111 of 1984);

(b)the Department of Posts and Telecommunications; or

(c)the South African Transport Services;

__________

*Pending amendment. Refer Act 73/1991, s. (1) (c) and Act 
39/1993, s. 1 (a).

 “Director-General” means the Director-General: Transport;

“driver” means any person who drives or attempts to drive any 
vehicle or who rides or attempts to ride any pedal cycle or who 
guides any draught, pack or saddle animal or herd or flock of 
animals, and “drive” or any like word has a corresponding 
meaning;

“driver’s licence” means a driver’s licence referred to in 
Chapter III;

“driver’s licence testing centre” means a driver’s licence testing 
centre referred to in Chapter III;

“enforcement agency” means any authority which has a traffic 
officer in its employment;

“examiner for drivers’ licences” means an examiner for drivers’ 
licences registered and appointed in terms of Chapter I;

“examiner of vehicles” means an examiner of vehicles 
registered and appointed in terms of Chapter I;

“fire-fighting vehicle” means a motor vehicle designed or 
adapted solely or principally for fighting fires and which is 
registered as a fire-fighting vehicle;

“freeway” means a public road or a section of a road which has 
been designated as a freeway by an appropriate road traffic sign;

“goods” means any movable property;

“gross combination mass”, in relationship to a motor vehicle 
which is used to draw any other motor vehicle, means the 
maximum mass of any combination of motor vehicles, 
including the drawing vehicle, and load as specified by the 
manufacturer thereof or, in the absence of such specification, as 
determined by the registering authority;

“gross vehicle mass”, in relation to a motor vehicle, means the 
maximum mass of such vehicle and its load as specified by the 
manufacturer or, in the absence of such specification, as 
determined by the registering authority;

“identity document” means an identity document as defined in 
section 1 of the Identification Act, 1986 (Act No. 72 of 1986);

“importer” means any person who, for the purposes of his 
business of selling motor vehicles, imports new or used motor 
vehicles into the Republic;

[Definition of “importer” inserted by s. 1 (d) of Act No. 73 of 
1991.]

“inspector of licences” means an inspector of licences appointed 
in terms of section 3;

“instalment sale transaction”  . . . . . .

[Definition of “instalment sale transaction” deleted by s. 1 (b) of 
Act No. 40 of 1992.]

“instructor” means any person who for direct or indirect 
reward—

(a)instructs any person in the driving of a motor vehicle;

(b)teaches any other person the rules of the road or road traffic 
signs in order to obtain a learner’s or a driver’s licence;

“international driving permit” means an international driving 
permit issued in terms of a Convention or recognized 
thereunder;

“intersection” means the area embraced within the prolongation 
of the lateral boundary lines of two or more public roads, open 
to vehicular traffic, that join one another at any angle, whether 
or not one such public road crosses the other;

“learner’s licence” means a learner’s licence referred to in 
Chapter III;

“leasing transaction”  . . . . . .

[Definition of “leasing transaction” deleted by s. 1 (c) of Act 
No. 40 of 1992.]

“left” means left reckoned by reference to the direction in or 
towards which the vehicle, animal or person is facing at the 
material time;

“local authority” means a local authority as defined in the 
Promotion of Local Government Affairs Act, 1983 (Act No. 91 
of 1983);

“manufacturer” means a person who, for the purposes of his 
business of selling motor vehicles, manufactures or assembles 
new motor vehicles;

“medical practitioner” means any person registered as such 
under the Medical, Dental and Supplementary Health Service 
Professions Act, 1974 (Act No. 56 of 1974);

“Minister” means the Minister of Transport;

[Definition of “Minister” substituted by s. 1 (d) of Act No. 40 
of 1992.]

“motor cycle” means a motor vehicle which has two wheels and 
includes any such vehicle having a side-car attached;

“motor dealer” means any person who is engaged in the 
business of buying, selling, exchanging or repairing motor 
vehicles required to be registered and licensed in terms of this 
Act or of building permanent structures onto such vehicles and 
who complies with the prescribed conditions;

[Definition of “motor dealer” substituted by s. 1 (b) of Act No. 
39 of 1993.]

“motor quadrucycle” means a motor vehicle, other than a 
tractor, which has four wheels and which is designed to be 
driven by the type of controls usually fitted to a motor cycle;

[Definition of “motor quadrucycle” inserted by s. 1 (c) of Act 
No. 39 of 1993.]

“motor tricycle” means a motor vehicle, other than a motor 
cycle or a tractor, which has three wheels and which is designed 
to be driven by the type of controls usually fitted to a motor 
cycle;

“motor vehicle” means any self-propelled vehicle and 
includes—

(a)a trailer; and

(b)a vehicle having pedals and an engine or an electric motor as 
an integral part thereof or attached thereto and which is 
designed or adapted to be propelled by means of such pedals, 
engine or motor, or both such pedals and engine or motor, but 
does not include—

(i)any vehicle propelled by electrical power derived from 
storage batteries and which is pedestrian-controlled; or

(ii)any vehicle with a mass of not more than 230 kilograms and 
specially designed and constructed, and not merely adapted, for 
the use of any person suffering from some physical defect or 
disability and used solely by such person;

“operate on a public road”, or any like expression, in relation to 
a vehicle, means to use or drive a vehicle or to permit a vehicle 
to be used or driven on a public road, or to have or to permit a 
vehicle to be on a public road;

“operator” means the person responsible for the use of a motor 
vehicle of any class contemplated in Chapter V, and who has 
been registered as the operator of such vehicle;

(Date of commencement 1 July, 1992.)

“owner”, in relation to a vehicle, means—

(a). . . . . .

(b)the person who has the right to the use and enjoyment of a 
vehicle in terms of the common law or a contractual agreement 
with the title holder of such vehicle;

(c)any person referred to in paragraph (b), for any period during 
which such person has failed to return that vehicle to the title 
holder in accordance with the contractual agreement referred to 
in paragraph (b); or

(d)a motor dealer who is in possession of a vehicle for the 
purpose of sale,

and who is registered as such in accordance with the regulations 
under section 14, and “owned” or any like word has a 
corresponding meaning;

[Definition of “owner” substituted by s. 1 (e) of Act No. 40 of 
1992.]

“park” means to keep a vehicle, whether occupied or not, 
stationary for a period of time longer than is reasonably 
necessary for the actual loading or unloading of persons or 
goods, but does not include any such keeping of a vehicle by 
reason of a cause beyond the control of the person in charge of 
such vehicle;

“peace officer” means a peace officer contemplated in section 
334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

“pedal cycle” means any bicycle or tricycle designed for 
propulsion solely by means of human power;

“pedestrian crossing” means—

(a)that portion of a public road at an intersection included 
within the prolongation or connection of the kerb line and 
adjacent boundary line of such road, whether such portion is 
marked or not; or

(b)any other portion of a public road designated as a pedestrian 
crossing by appropriate road traffic signs;

“prescribe” means prescribe by regulation;

“prescribed territory” means—

(a)any state the territory of which previously formed part of the 
Republic, or the Republic of Namibia;

(b)any self-governing territory as defined in section 38 (1) of 
the Self-governing Territories Constitution Act, 1971 (Act No. 
21 of 1971); and

(c)any other state or territory declared by the Minister to be a 
prescribed territory;

[Definition of “prescribed territory” substituted by s. 1 (e) of 
Act No. 73 of 1991.]

“professional driver” means the driver of a motor vehicle in 
respect of which an operator is registered;

(Date of commencement to be proclaimed.)

“professional driving permit” means a professional driving 
permit referred to in Chapter III;

(Date of commencement to be proclaimed.)

“province” means a province referred to in section 1 of the 
Republic of South Africa Constitution Act, 1983 (Act No. 110 
of 1983);

“public road” means any road, street or thoroughfare or, except 
for the purposes of section 88, any other place (whether a 
thoroughfare or not) which is commonly used by the public or 
any section thereof or to which the public or any section thereof 
has a right of access, and includes—

(a)the verge of any such road, street or thoroughfare;

(b)any bridge, ferry or drift traversed by any such road, street or 
thoroughfare; and

(c)any other work or object forming part of or connected with or 
belonging to such road, street or thoroughfare;

“registering authority” means a registering authority appointed 
under section 2;

“regulation” means a regulation (other than a by-law) made 
under this Act;

“repealed ordinance” means an ordinance or any provision of an 
ordinance repealed by this Act;

“rescue vehicle” means a motor vehicle designed or adapted 
solely for the purpose of rescuing persons, and which is owned 
or controlled by a department of State, local authority or a body 
of persons approved by the Administrator and is registered as a 
rescue vehicle;

[Definition of “rescue vehicle” inserted by s. 1 (d) of Act No. 39 
of 1993.]

“road traffic ordinance” means the Road Traffic Ordinance, 
1966 (Ordinance No. 21 of 1966) of the Transvaal, Natal, the 
Orange Free State and the Cape of Good Hope, respectively;

“road traffic sign” means a road traffic sign prescribed under 
section 82;

“roadway” means that portion of a road, street or thoroughfare 
improved, constructed or intended for vehicular traffic and 
includes those portions commonly known as the shoulders;

“roadworthy”, in relation to a vehicle, means a vehicle which 
complies with the relevant provisions of this Act and is 
otherwise in a fit condition to be operated on a public road;

*“roadworthy certificate”, in relation to a motor vehicle, means 
a certificate issued in terms of section 64;

(Date of commencement to be proclaimed.)

__________

* Pending amendment. Refer Act 73/1991, s. (1) (f).

“roadworthy certificate disc” means a roadworthy certificate 
disc issued in terms of section 64;

(Date of commencement to be proclaimed.)

“robot” means a road traffic sign which, by means of automatic 
light signals, alternately directs traffic to stop and permits it to 
proceed;

“semi-trailer” means a trailer having no front axle and so 
designed that at least 15 per cent of its tare is super-imposed on 
and borne by a vehicle drawing such trailer;

“sidewalk” means that portion of a verge intended for the 
exclusive use of pedestrians;

“tare”, in relation to a motor vehicle, means the mass of such 
vehicle ready to travel on a road and includes the mass of—

(a)any spare wheel and of all other accessories and equipment 
supplied by the manufacturer as standard for the particular 
model of motor vehicle concerned;

(b)anything which is a permanent part of the structure of such 
vehicle;

(c)anything affixed to such vehicle so as to form a structural 
alteration of a permanent nature; and

(d)the accumulators, if such vehicle is self-propelled by 
electrical power,

but does not include the mass of—

(i)fuel; and

(ii)anything affixed to such vehicle which is not of the nature 
referred to in paragraph (b) or (c);

“testing station” means a testing station registered in terms of 
section 59;

(Date of commencement 14 February, 1991.)

“this Act” includes the regulations;

“title holder”, in relation to a vehicle, means—

(a)the person who has to give permission for the alienation of 
that vehicle in terms of a contractual agreement with the owner 
of such vehicle; or

(b)the person who has the right to alienate that vehicle in terms 
of the common law,

and who is registered as such in accordance with the regulations 
under section 14;

[Definition of “title holder” inserted by s. 1 (f) of Act No. 40 of 
1992.]

“tractor” means a motor vehicle designed or adapted mainly for 
drawing other vehicles and not to carry any load thereon, but 
does not include a truck-tractor;

“traffic lane” means a longitudinal division of a public road of 
sufficient width to accommodate the passage of a single line of 
vehicles;

“traffic officer” means a traffic officer appointed under section 
3 and any member of the Force as defined in section 1 of the 
Police Act, 1958 (Act No. 7 of 1958), and for the purposes of 
Chapters IV, VI, VII and VIII and sections 131 and 135 of this 
Act includes a peace officer;

“traffic warden” means a traffic warden appointed under section 
3;

“trailer” means a vehicle which is not self-propelled and which 
is designed or adapted to be drawn by a motor vehicle, but does 
not include a side-car attached to a motor cycle;

“truck-tractor” means a motor vehicle designed or adapted—

(a)for drawing other vehicles; and

(b)not to carry any load other than that imposed by a semi-
trailer or by ballast,

but does not include a tractor;

“urban area” means that portion of the area of a local authority 
which has by actual survey been subdivided into erven or is 
surrounded by surveyed erven, and includes the public roads 
abutting thereon;

“vehicle” means a device designed or adapted principally to 
travel on wheels or crawler tracks and includes such a device 
which is connected with a draw-bar to a breakdown vehicle and 
is used as part of the towing equipment of a breakdown vehicle 
to support any axle or all the axles of a motor vehicle which is 
being salvaged other than such a device which moves 
exclusively on rails;

[Definition of “vehicle” substituted by s. 1 (e) of Act No. 39 of 
1993.]

“verge” means that portion of the road, street or thoroughfare 
which is not the roadway.

CHAPTER I

REGISTERING AUTHORITIES AND OFFICERS

2.   Appointment of registering authorities.—(1) For the 
purposes of this Act, the Administrator shall, by notice in the 
Official Gazette, appoint a registering authority for such area 
and upon such conditions as he may determine from time to 
time.

(2) The Administrator may combine the area of any registering 
authority or any portion thereof with the area of another 
registering authority and may divide the area of a registering 
authority in areas for two or more registering authorities.

(3) Where, from or after a specific date, a registering authority 
(in this subsection referred to as a new registering authority) 
becomes the registering authority for an area previously under 
the jurisdiction of another registering authority (including a 
registering authority appointed under a repealed ordinance) any 
reference in this Act or a repealed ordinance to such other 
registering authority shall, from or after such date, be construed 
as a reference to such new registering authority.

(4) The powers and duties conferred or imposed upon a 
registering authority by or under this Act shall be exercised or 
performed on behalf of that registering authority by such 
persons as may be authorized thereto by the registering 
authority.

3.   Appointment of officers.—(1) For the purposes of this 
Act—

(a)an Administrator may, subject to the laws governing the 
Public Service and upon such conditions as he may determine, 
appoint for the province as many persons as—

(i)inspectors of licences;

(ii)examiners of vehicles;

(iii)examiners for drivers’ licences;

(iv)traffic officers; and

(v)traffic wardens,

as he may deem expedient;

(b)a local authority which is a registering authority may, upon 
such conditions as the Administrator may prescribe by notice in 
the Official Gazette, appoint for its area so many persons as—

(i)inspectors of licences;

(ii)examiners of vehicles; and

(iii)examiners for drivers’ licences,

as it may deem expedient;

(c)any local authority or two or more local authorities may 
jointly, upon such conditions as the Administrator may 
prescribe by notice in the Official Gazette, appoint for its area 
or for their areas jointly, as the case may be, so many persons as 
traffic officers or reserve traffic officers as such authority or 
authorities may deem expedient, and such officers shall 
function—

(i)within such area or areas; and

(ii)with the prior approval of the Administrator and subject to 
the conditions of such approval, outside such area or areas:

Provided that the Administrator may, by notice in the Official 
Gazette, exclude such officers from functioning on any 
specified public road or portion thereof which is situated within 
the area of jurisdiction of a local authority;

(d)any local authority may appoint persons as traffic wardens or 
as reserve traffic wardens to exercise or perform within its area 
such powers and duties of a traffic officer as the Administrator 
may determine: Provided that the Administrator may—

(i)make different determinations in respect of different 
categories of traffic wardens; and

(ii)either generally or specifically, impose conditions with 
regard to the exercise or performance of such powers and 
duties;

(e)any person or authority determined by the Administrator by 
notice in the Official Gazette, may, on such conditions and for 
such areas as may be determined in the notice, appoint any 
person as an examiner of vehicles.

(2) No person shall be appointed in terms of subsection (1) as 
an authorized officer unless he has been registered in terms of 
section 5: Provided that any person who is not so registered may 
be appointed once on probation as an authorized officer for a 
period not exceeding 12 months or for such further period as the 
Administrator may approve, providing it is a condition of 
appointment that such person shall during such period of 
probation comply with the competence and registration 
requirements prescribed for the specific category of 
appointment.

Date of commencement of sub-s. (2): 1 January, 1992.)

(3) Any person appointed under subsection (1) as an authorized 
officer, shall upon his appointment be issued with a certificate 
of appointment by the Administrator, local authority, person or 
authority concerned, appointing him.

(4)  (a)  An authorized officer shall not exercise any power or 
perform any duty unless he is in possession of his certificate of 
appointment.

(b)  An authorized officer shall produce his certificate of 
appointment at the request of any person having a material 
interest in the matter concerned.

4.   Application for registration as inspector of licences, 
examiner of vehicles, examiner for drivers’ licences or traffic 
officer.—(1)  A person desiring to be registered as—

(a)an inspector of licences;

(b)an examiner of vehicles;

(c)an examiner for drivers’ licences; or

(d)a traffic officer,

shall apply therefor to the Administrator in the prescribed 
manner.

(2)  An application referred to in subsection (1) shall be 
accompanied by the prescribed fees.

(Date of commencement of s. 4: 1 January, 1992.)

5.   Registration and grading of officers.—(1)  If the 
Administrator is satisfied that an applicant contemplated in 
section 4 complies with the requirements for competency and 
registration prescribed in relation to the specific category of 
application, he shall register such applicant in the prescribed 
manner: Provided that the Administrator shall, upon the 
registration of an examiner of vehicles or an examiner for 
drivers’ licences, in the prescribed manner grade such examiner 
according to his qualifications.

(2)  No person shall be registered or continue to be registered in 
terms of subsection (1) as—

(a)an examiner of vehicles, if he has or acquires, either directly 
or indirectly, any pecuniary interest in the manufacture, sale, 
rebuilding, repair or renovation of motor vehicles;

(b)an inspector of licences, an examiner for drivers’ licences or 
a traffic officer if he has or acquires, either directly or 
indirectly, either by himself or through his spouse or partner any 
pecuniary or related interest in any driving school or in the 
instruction, training or supervision of learner drivers:

Provided that the Administrator may, notwithstanding the 
provisions of this subsection, register any person in terms of 
subsection (1).

(3)  Any act performed by any person in the exercise of his 
powers or the performance of his duties while he was 
disqualified from being registered by virtue of the provisions of 
subsection (2) shall not for that reason be invalid.

(4)  Any person registered as a traffic officer for a province in 
terms of subsection (1) shall be deemed to be registered for any 
other province.

(Date of commencement of s. 5: 1 January, 1992.)

6.   Suspension and withdrawal of registration of officer.—The 
Administrator concerned may suspend or cancel the registration 
of a person registered in terms of section 5 (1) in the prescribed 
manner, for such period as he may deem fit, if—

(a)in the opinion of the Administrator such person is guilty of 
misconduct in the exercise of his powers or the performance of 
his duties;

(b)such person has, for a period of 12 consecutive months, 
stopped practising as an officer;

(c)such person has failed to attend within a prescribed period an 
appropriate refresher course at a training centre approved by the 
Minister; or

(d)in the opinion of the Administrator the performance record of 
such person indicates that he is unsuitable for the exercise of the 
powers or performance of the duties of an officer of the category 
in which he is registered.

(Date of commencement of s. 6: 1 January 1992.)

6A.   Right of appeal to Minister.—(1)  Any person who is 
aggrieved at the refusal of the Administrator to register him as 
an officer or with the suspension or cancellation of his 
registration as an officer may within 21 days after such refusal, 
suspension or cancellation in writing appeal to the Minister 
against such refusal, suspension or cancellation, and such 
person shall at the same time serve a copy of the appeal on the 
Administrator.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the Administrator shall forthwith furnish the 
Minister with his reasons for the refusal, suspension or 
cancellation to which such appeal refers.

(3)  The Minister may after considering the appeal give such 
decision as he may deem fit.

[S. 6A inserted by s. 2 of Act No. 73 of 1991.]

7.   Establishment of Training Committee for Traffic 
Personnel.—(1)  The Minister shall, by notice in the Gazette, 
establish a Training Committee for Traffic Personnel consisting 
of members representing organizations as prescribed in the 
notice.

(2)  The said committee shall advise the Minister with regard to 
any matter relating to the training of officers referred to in 
section 3 (1) (a) (i), (ii), (iii) and (iv), and shall perform the 
other functions assigned to it by the Minister.

7A.   Establishment of Committee for Road Traffic Law 
Enforcement.—(1)  The Minister shall, by notice in the Gazette, 
establish a Committee for Road Traffic Law Enforce- ment 
consisting of members representing organizations as prescribed 
in the notice.

(2)  The committee referred to in subsection (1) shall advise the 
Minister with regard to any matter relating to road traffic law 
enforcement, and shall perform the other functions assigned to 
it by the Minister.

[S. 7A inserted by s. 2 of Act No. 40 of 1992.]

7B.   Determination and enforcement of national policy on road 
traffic law enforcement.—(1)  The Minister may, after 
consultation with the committee referred to in section 7A(1), 
from time to time by notice in the Gazette determine the 
national policy to be followed in respect of road traffic law 
enforcement.

(2)  The Minister may make regulations in relation to the policy 
referred to in subsection (1) and the enforcement thereof.

[S. 7B inserted by s. 2 of Act No. 40 of 1992.]

8.   Powers and duties of inspector of licences.—In addition to 
the powers and duties conferred upon him by or under this Act, 
an inspector of licences may, subject to the provisions of this 
Act or any other law—

*(a)by notice in writing as prescribed, direct the owner, 
operator, driver or person in charge of any vehicle, wherever 
found, which in his opinion does not comply with the 
requirements for a roadworthy certificate provided for in this 
Act or in any other law, to produce such vehicle for inspection, 
examination or testing to an appropriately graded testing station 
for such class of vehicle at a time and place specified in such 
notice;

(b)in respect of any motor vehicle, demand from the owner, 
operator or driver thereof the production of any document 
required from such person in respect of that motor vehicle in 
terms of this Act, or any like document issued by a competent 
authority outside the Republic;

(c)require from any instructor—

(i)where such instructor is engaged in teaching or instructing 
another person in the driving of a motor vehicle, forthwith; or

(ii)where such instructor is not so engaged, within seven days;

to produce evidence of his registration;

(d)examine any motor vehicle in order to satisfy himself 
whether it is the motor vehicle in respect of which a document 
referred to in paragraph (b) was issued;

(e)impound any document referred to in paragraph (b) which 
appears to be or which the officer suspects to be invalid or 
which has been or appears to have been unlawfully altered or 
defaced or which is being put to unlawful use, and where any 
document is so impounded, the inspector shall issue a receipt in 
respect thereof to the person concerned;

(f)require the owner, operator, driver or person in charge of any 
vehicle forthwith to furnish his name and address, and give any 
other particulars required as to his identification, and where 
applicable, immediately to produce a professional driving 
permit;

(g)demand from any person immediately to produce a licence or 
any other prescribed authorization authorizing him to drive a 
motor vehicle, and to produce any other document which he is 
required to have in respect of any motor vehicle in terms of this 
Act;

[Para. (g) substituted by s. 3 (b) of Act No. 73 of 1991.]

(h)impound any licence or document produced to him in terms 
of paragraph (g) which in his opinion may afford evidence of a 
contravention or evasion of any provision of this Act, and where 
any licence or document is so impounded, the inspector shall 
issue a receipt in respect thereof to the person concerned;

(i)require any person, whether or not such person is in any 
vehicle, to furnish his name and address and to give any other 
particulars required as to his identification, as well as such 
information as is within his power to furnish and which may 
lead to the identification of the owner, operator or driver of such 
vehicle;

(j)require from any person to furnish him with any information 
as is within the power of such person to furnish and which may 
lead to the identification of the driver, owner, operator or person 
in charge of a vehicle at any time or during any period; or

(k)at any reasonable time, having regard to the circumstances of 
the case, without prior notice, and in the exercise of any power 
or the performance of any duty which in terms of this Act he is 
authorized or required to exercise or perform, enter any 
premises on which he has reason to believe that any vehicle is 
kept.

__________

* Pending amendment. Refer Act 73/1991, s. 3 (a).

9.   Powers and duties of examiner of vehicles.—(1)  An 
examiner of vehicles may inspect, examine and test any vehicle 
in order to determine whether it is roadworthy and for that 
purpose may dismantle the vehicle or any part thereof or its 
equipment or accessories: Provided that he shall reassemble any 
vehicle so dismantled unless he is requested by the person in 
charge of the vehicle not to do so.

(2)  An examiner of vehicles may drive any vehicle when 
necessary in the performance of his duties, if, in the case of a 
motor vehicle, he is licensed to drive a motor vehicle of the 
class concerned.

10.   Powers and duties of examiner for drivers’ licences.—(1)  
An examiner for drivers’ licences shall test any applicant for a 
learner’s licence or driver’s licence in the manner and in regard 
to the matters as prescribed, in order to determine whether such 
applicant is fit and competent to obtain a learner’s or driver’s 
licence for the class of vehicle for which he applies.

(2)  No examiner for drivers’ licences shall test an applicant for 
a driver’s licence in terms of section 24 unless such examiner 
himself is licensed to drive a vehicle of the class for which the 
applicant applies to obtain a driver’s licence or of the class as 
prescribed.

11.   Powers and duties of traffic officer.—In addition to the 
powers and duties conferred upon him elsewhere in this Act, a 
traffic officer may, subject to the provisions of this Act and any 
other law—

(a)exercise or perform any of the powers or duties conferred 
upon an inspector of licences in terms of section 8;

(b)when in uniform, require the driver of any vehicle to stop 
such vehicle;

(c)inspect, test or cause to be inspected and tested by a person 
whom he considers competent to do so, any part and the 
functioning of any vehicle, and the equipment thereof, with a 
view to ascertaining whether such vehicle or the functioning 
thereof and the equipment comply with the provisions of this 
Act: Provided that no such officer or person instructed by such 
officer to inspect or test such vehicle shall, in the exercise of the 
authority hereby conferred upon him, dismantle the mechanism 
or any working parts of any motor vehicle unless he is also a 
qualified motor mechanic or has passed an examination for 
examiners of vehicles as prescribed, and if he has so dismantled 
such vehicle, he shall reassemble the dismantled mechanism or 
parts unless he is requested by the person in charge of the 
vehicle not to do so;

(d)ascertain the dimensions of, the load on, or the mass, axle 
mass load or axle unit mass load of, any vehicle, or the mass of 
any combination of vehicles, laden or unladen, and, if necessary 
for the purpose of ascertaining such mass, require any vehicle or 
combination of vehicles to proceed to a massmeter or mass-
measuring device, and if the mass of any vehicle or combination 
of vehicles exceeds the mass allowed in terms of this Act, 
prohibit the operation of such vehicle or combination of 
vehicles on a public road until such mass has been reduced or 
adjusted to comply with this Act: Provided that where the load 
on a vehicle includes any hazardous substance as contemplated 
in the Hazardous Substances Act, 1973 (Act No. 15 of 1973), 
the reduction and handling of the mass should be undertaken in 
terms of that Act;

(e)drive any vehicle when necessary in the performance of his 
duties if, in the case of any motor vehicle, he is licensed to drive 
a motor vehicle of the class concerned;

(f)if any person, being the driver or apparently in charge of a 
vehicle, appears to such officer, by reason of his physical or 
mental condition, howsoever arising, to be incapable for the 
time being of driving or being in charge of such vehicle, 
temporarily forbid such person to continue to drive or be in 
charge of such vehicle and make such arrangements for the safe 
disposal of placing of the vehicle as in his opinion may be 
necessary or desirable in the circumstances;

(g)regulate and control traffic upon any public road, and give 
such directions as may, in his opinion, be necessary for the safe 
and efficient regulation of the traffic and, where he is of the 
opinion that the driver of a motor vehicle is hampering or 
impeding the normal flow of traffic on a public road, direct the 
driver to remove the vehicle from such road and to follow 
another route with the vehicle;

(h)require any person to furnish his name and address and give 
any other particulars which are required for his identification or 
for any process if such officer reasonably suspects such person 
of having committed an offence under this Act or if in the 
opinion of such officer he is able to give evidence in regard to 
the commission or suspected commission of any such offence;

(i)in respect of any motor vehicle, demand from the owner, 
operator or driver thereof to produce any document prescribed 
in terms of this Act;

(j)impound any document referred to in paragraph (i) produced 
to him and which in his opinion may afford evidence of a 
contravention of or failure to comply with any provision of this 
Act, and where any document is so impounded, the traffic 
officer shall issue a receipt therefor to the person concerned;

(k)require any professional driver or the operator or owner of 
any motor vehicle to produce for inspection and to have a copy 
made of—

(i)any record or document which that person is required in 
terms of Part 3 of Chapter III of this Act and to carry or have in 
his possession or which is required to be affixed to any such 
motor vehicle; and

(ii)any record which that person is required in terms of Part 3 of 
Chapter III of this Act to preserve;

(l)at any time enter any motor vehicle of an operator and inspect 
such vehicle and any recording device installed therein for the 
purpose of Part 3 of Chapter III of this Act, and inspect and 
make a copy of any record regarding the vehicle which has been 
produced by such recording device;

(m)at any time enter upon any premises on which he has reason 
to believe that a motor vehicle of an operator is kept or that any 
record or other document required to be kept in terms of Part 3 
of Chapter III of this Act are to be found, and inspect such 
vehicle, and inspect and copy any such record or document, 
which he finds there;

(n)if he has reason to believe that an offence under Part 3 of 
Chapter III of this Act has been committed in respect of any 
record or document inspected by him, impound that record or 
document, and where any document is so impounded, the traffic 
officer shall issue a receipt therefor to the person concerned;

(o)inspect any motor vehicle or part thereof and impound any 
document issued in connection with the registration and 
licensing of such motor vehicle which relates to such motor 
vehicle, where it is found that the engine or chassis number of 
such motor vehicle differs from the engine or chassis number as 
specified on the document, and direct that such motor vehicle 
be taken, there and then, to any police station specified by such 
traffic officer for police clearance, and may, after such clearance 
has been obtained, return the impounded document to any 
person who is entitled thereto, or notify the owner of the motor 
vehicle concerned that such vehicle must be re-registered, as the 
case may be; and

(p)require from the owner, operator or driver of a motor vehicle 
registered or deemed to be registered in any prescribed territory, 
police clearance in respect of such motor vehicle before 
allowing that motor vehicle to be taken across the borders of 
Republic: Provided that the Minister may exempt any owner, 
operator or driver in the prescribed manner from having to 
provide such police clearance.

12.   Failure to comply with instruction or direction of inspector 
of licences, traffic officer, examiner of vehicles or peace 
officer.—(1)  No person shall—

(a)fail to comply with any instruction or direction given to him 
by an inspector of licences, traffic officer or examiner of 
vehicles, or obstruct, hinder or interfere with any inspector of 
licences, traffic officer or examiner of vehicles in the exercise of 
any power or the performance of any duty under this Act;

(b)fail to comply with any instruction or direction given to him 
by a peace officer, or obstruct, hinder or interfere with any 
peace officer in the exercise of any power relating to a provision 
of this Act assigned to him under section 334 of the Criminal 
Procedure Act, 1977 (Act No. 51 of 1977);

(c)in order to compel any person referred to in paragraph (a) or 
(b) to perform or to abstain from performing any act in respect 
of the exercise of his powers or the performance of his duties, or 
on account of such person having performed or abstained from 
performing such an act, threaten or suggest the use of violence 
against or restraint upon such person or any of his relatives or 
dependants, or threaten or suggest any injury to the property of 
such person or of any of his relatives or dependants.

(2)  Whenever the production of any document which is not 
required to be affixed to a vehicle or to be kept with him in a 
vehicle by any person is demanded in terms of section 8 (b) or 
(g) or 11 (i), the production thereof at any police station or 
office set aside by a competent authority for use by a traffic 
officer or peace officer, within a period of seven days after 
being so demanded, shall be deemed to be sufficient compliance 
with the demand.

(3)  Whenever any document is produced in terms of subsection 
(2) at any police station or office referred to in that subsection, 
the officer in charge of such police station or office so set aside 
shall forthwith notify accordingly the officer who made the 
demand concerned and shall issue an acknowledgement of 
production of such document to the person producing it.

(4)  Where a document is not produced in terms of subsection 
(2) and any process is to be handed to or served upon a person 
in terms of section 54, 56, 72 or 341 of the Criminal Procedure 
Act, 1977, an inspector of licences, traffic officer or peace 
officer may require the imprint of the left thumb of the person to 
whom the process relates on such process, and such person shall 
be obliged to furnish such imprint in the manner and at the 
place or places on that document and copies thereof as directed 
by the inspector, officer or examiner concerned: Provided that if 
it is not possible to obtain the left thumb print of such person, 
the imprint of any other finger may be required, in which case 
the finger thus used shall be identified in writing by the 
inspector, officer or examiner concerned under each imprint of 
such finger.

13.   Impersonating authorized officer or peace officer or 
inducing any such officer to forsake his duty.—(1)  Any person 
not being an authorized officer or a peace officer shall not by 
word, conduct or demeanour, pretend that he is an authorized 
officer or a peace officer.

(2)  No person shall connive with or induce or attempt to induce 
any authorized officer or peace officer to omit to carry out his 
duty or to commit an act in conflict with his duty.

[S. 13 substituted by s. 4 of Act No. 73 of 1991.]

CHAPTER II

REGISTRATION AND LICENSING OF MOTOR VEHICLES

14.   Registration and licensing of motor vehicles.—(1)  The 
registration and licensing system of motor vehicles for each 
province shall be as prescribed by the Minister: Provided that 
the Minister may, after consultation with the Administrators, at 
any time after the commencement of this Act by notice in the 
Gazette prescribe the structure and manner of implementation of 
a unified registration and licensing system for motor vehicles in 
the Republic to replace any existing system, and such unified 
system shall come into operation on a date fixed by the Minister 
in such notice.

(2)  No person shall operate on a public road any motor vehicle 
which is not registered and licensed by virtue of the provisions 
of this Chapter.

14A.   Application for registration, and registration of 
manufacturer, builder and importer.—(1)  Every manufacturer, 
builder or importer shall apply in the prescribed manner to the 
Administrator concerned for registration as a manufacturer, 
builder or importer.

(2)  If the Administrator 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 shall register such applicant on 
the conditions and in the manner prescribed.

(3)  The Administrator may, in the prescribed manner, alter the 
conditions refered to in subsection (2).

[S. 14A inserted by s. 5 of Act No. 73 of 1991. Sub-s. (3) added 
by s. 3 of Act No. 40 of 1992.]

14B.   Suspension and cancellation of registration of 
manufacturer, builder or importer.—The Administrator 
concerned may in the prescribed manner suspend for such 
period as he may deem fit, or cancel, the registration of a 
manufacturer, builder or importer.

[S. 14B inserted by s. 5 of Act No. 73 of 1991.]

14C.   Manufacturer, builder or importer to register motor 
vehicles.—Every manufacturer, builder or importer of motor 
vehicles shall register in the prescribed manner every motor 
vehicle manufactured, built or imported by him, before he 
distributes or sells such vehicle.

[S. 14C inserted by s. 5 of Act No. 73 of 1991.]

14D.   Right of appeal to Minister.—(1)  Any person who is 
aggrieved at the refusal of the Administrator to register him as a 
manufacturer, builder or importer or at the suspension or 
cancellation of his registration as a manufacturer, builder or 
importer or at the conditions on which he is so registered may, 
within 21 days after such refusal, suspension or cancellation, or 
notification of the conditions on which he 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 Administrator.

[Sub-s. (1) substituted by s. 4 of Act No. 40 of 1992.]

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the Administrator shall forthwith furnish the 
Minister with his reasons for the refusal, suspension, 
cancellation or conditions to which such repeal refers.

[Sub-s. (2) substituted by s. 4 of Act No. 40 of 1992.]

(3)  The Minister may after considering the appeal give such 
decision as he may deem fit.

[S. 14D inserted by s. 5 of Act No. 73 of 1991.]

14E.   Appointment of inspectorate of manufacturers, builders 
and importers.—(1)  The Minister shall designate a person, an 
authority or an organization as an inspectorate of 
manufacturers, builders and importers.

(2)  The powers and duties of the inspectorate referred to in 
subsection (1) in relation to the registration and inspection of 
manufacturers, builders or importers shall be as prescribed.

[S. 14E inserted by s. 5 of Act No. 40 of 1992.]

CHAPTER III

FITNESS OF DRIVERS

PART I: LICENSING

15.   Driver of motor vehicle to be licensed.—No person shall 
drive a motor vehicle on a public road except under the 
authority and in accordance with the conditions of a licence 
issued to him under this Chapter or of any document deemed to 
be a licence for the purposes of this Chapter and unless he keeps 
such licence or document or any other prescribed authorization 
with him in the vehicle.

[S. 15 substituted by s. 6 of Act No. 73 of 1991.]

16.   Licence to drive, either learner’s or driver’s licence.—A 
licence authorizing the driving of a motor vehicle shall be 
issued by a driver’s licence testing centre in accordance with the 
provisions of this Chapter and shall be either—

(a)a provisional licence, to be known as a learner’s licence; or

(b)a licence, to be known as a driver’s licence,

and, except as otherwise provided in this Chapter, no person 
shall be examined or tested for the purpose of the issue to him 
of a driver’s licence unless he is the holder of a learner’s 
licence.

17.   Prescribing, classification and extent of learner’s or 
driver’s licence.—Subject to the provisions of this Chapter—

(a)the category of a learner’s or driver’s licence;

(b)the class of motor vehicle to which each category of such 
licence relates;

(c)the authority conveyed by such licence;

(d)the period of validity of such licence;

(e)the limitations to which the authority conveyed by such 
licence shall be subject; and

(f)the form and content of such licence,

shall be as prescribed.

18.   Disqualification from obtaining or holding learner’s or 
driver’s licence.—(1)  A person shall be disqualified from 
obtaining or holding a learner’s or driver’s licence—

(a)if he—

(i)in the case of any licence for a motor cycle without a side-car 
having an engine with a cylinder capacity not exceeding 50 
cubic centimetres or which is propelled by electrical power or 
which is a vehicle as contemplated in paragraph (b) of the 
definition “motor vehicle”, is under the age of 16 years;

(ii)in the case of a learner’s licence for a light motor vehicle, 
being a motor vehicle not of a class as referred to in 
subparagraph (i) and the tare of which does not exceed 3 500 
kilograms or, where such motor vehicle is—

(aa)a bus or goods vehicle, the gross vehicle mass of which does 
not exceed 3 500 kilograms;

(bb)an articulated motor vehicle, the gross combination mass of 
which does not exceed 3 500 kilograms,

is under the age of 17 years; or

(iii)in the case of any other licence, is under the age of 18 years;

(b)during any period in respect of which he has been declared 
by a competent authority to be disqualified from obtaining or 
holding a licence to drive a motor vehicle, while such 
disqualification remains in force;

(c)where a licence to drive a motor vehicle held by him has been 
suspended by a competent authority, while such suspension 
remains in force;

(d)where a licence to drive a motor vehicle held by him has 
been cancelled by a competent authority, while such 
cancellation remains in force;

(e)if such licence relates to a class of motor vehicle which he 
may already drive under a licence held by him;

(f)if he is suffering from one or other of the following diseases 
or disabilities:

(i)Uncontrolled epilepsy;

(ii)sudden attacks of disabling giddiness or fainting due to 
hypertension or any other cause;

(iii)any form of mental illness to such an extent that it is 
necessary that he be detained, supervised, controlled and treated 
as a patient in terms of the Mental Health Act, 1973 (Act No. 18 
of 1973);

(iv)any condition causing muscular inco-ordination;

(v)uncontrolled diabetes mellitus;

(vi)defective vision ascertained in accordance with a prescribed 
standard;

(vii)any other disease or physical defect which is likely to 
render him incapable of effectively driving and controlling a 
motor vehicle of the class to which such licence relates without 
endangering the safety of the public: Provided that deafness 
shall not of itself be deemed to be such a defect;

(g)if he is addicted to the use of any drug having a narcotic 
effect or the excessive use of intoxicating liquor; or

(h)in such other circumstances as may be prescribed, either 
generally or in respect of a particular class of learner’s or 
driver’s licence.

(2)  An Administrator may, if he deems it expedient and on 
such conditions as he may deem fit, declare that any person 
shall no longer be subject to any disqualification, suspension or 
cancellation referred to in subsection (1) (b), (c) or (d), 
respectively.

19.   Failure to disclose qualification in respect of licence 
authorizing driving of motor vehicle.—(1)  No person shall, 
when applying for a learner’s or driver’s licence, wilfully fail to 
disclose any disqualification to which he is subject in terms of 
section 18.

(2)  Any person—

(a)is the holder of a licence authorizing the driving of a motor 
vehicle in terms of this Chapter; and

(b)becomes aware thereof that he is disqualified from holding 
such licence,

shall, within a period of 21 days after having so become aware 
of the disqualification, submit the licence or, in the case where 
it is contained in an identity document, such document to an 
Administrator.

*(3)  When a licence is submitted in terms of subsection (2) the 
Administrator shall cancel it and notify the competent authority 
which issued it or, in the case where it is contained in an 
identity document, the Director-General of Home Affairs of the 
cancellation: Provided that the licence shall not be cancelled if 
the Administrator is satisfied that the holder thereof is 
competent to drive the class of motor vehicle concerned with 
the aid of glasses, an artificial limb or any other physical aid, in 
which case the Administrator shall—

(a)endorse the licence accordingly and such endorsement shall 
be a condition subject to which the licence is held;

(b)return the licence or, where it is contained in an identity 
document, such document to the holder thereof; and

(c)notify the competent authority which issued the licence or, in 
the case where it is contained in an identity document, the 
Director-General of Home Affairs, accordingly.

__________

* Pending amendment. Refer Act 40/1992, s. 6, and Act 
39/1993, s. 2

20.   Application for registration of driver’s licence testing 
centre.—(1)  A department of State or registering authority 
desiring to operate a driver’s licence testing centre shall in the 
prescribed manner apply to the Administrator in whose area 
such centre will be operated, for the registration of such testing 
centre.

(2)  An application in terms of subsection (1) shall be 
accompanied by the prescribed fees.

(Date of commencement of s. 20: 1 January, 1993.)

21.   Registration and grading of driver’s licence testing 
centre.—On receipt of an application referred to in section 20 
the Administrator shall, if satisfied that with regard to the 
driver’s licence testing centre concerned the prescribed 
requirements for the registration of a driver’s licence testing 
centre have been met, register and grade such testing centre in 
the prescribed manner, and give notice of such registration in 
the Official Gazette.

(Date of commencement 1 January, 1993.)

21A.   Suspension or cancellation of registration of driver’s 
licence testing centre.—The Administrator may, if in his 
opinion a registered driver’s licence testing centre no longer 
complies with the requirements referred to in section 21, 
suspend the registration of that driver’s licence testing centre for 
such period as he may deem fit or cancel it in the prescribed 
manner.

[S. 21A inserted by s. 7 of Act No. 40 of 1992.]

22.   Appointment of inspectorate of driver’s licence testing 
centre.—(1)  The Minister shall designate a person, an authority 
or an organization as an inspectorate of driver’s licence testing 
centres.

(2)  The powers and duties of the inspectorate in relation to the 
inspection and the control of standards, grading and functioning 
of driver’s licence testing centres shall be as prescribed.

(Date of commencement of sub-s. (2): 1 January, 1993.)

(3)  The Minister may, in order to defray the expenditure 
incurred by or on behalf of the said inspectorate for the 
purposes of performing its functions, prescribe fees to be paid 
in respect of inspections carried out in terms of this section.

(Date of commencement of sub-s. (3): 1 January, 1993.)

22A.   Right of appeal to Minister.—(1)  A department of State 
or a registering authority which is aggrieved at the refusal of the 
Administrator to register it as a driver’s licence testing centre or 
at the suspension or cancellation of its registration as a driver’s 
licence testing centre may, within 21 days after such refusal, 
suspension or cancellation, in writing appeal to the Minister 
against such refusal, suspension or cancellation, and such 
appellant shall at the same time serve a copy of the appeal on 
the Administrator.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the Administrator shall forthwith furnish the 
Minister with his reasons for the refusal, suspension or 
cancellation to which such appeal refers.

(3)  The Minister may after considering the appeal give such 
decision as he may deem fit.

[S. 22A inserted by s. 8 of Act No. 40 of 1992.]

23.   Application for and issue of learner’s licence.—(1)  
Subject to the provisions of section 29, a person desiring to 
obtain a learner’s licence shall in person apply therefor in the 
prescribed manner to an appropriately graded driver’s licence 
testing centre.

(2)  An application made in terms of subsection (1) shall be 
accompanied by the prescribed fees.

(3)  Upon receipt of an application in terms of subsection (1), 
the driver’s licence testing centre concerned shall, if it is 
sastisfied from the information furnished in the application or 
from such further information as such centre may reasonably 
request, that the applicant is not disqualified from obtaining a 
learner’s licence, determine a day on and time at which the 
applicant shall present himself to be examined and tested by an 
examiner for drivers’ licences in the manner and in respect of 
the matters as prescribed.

(4)  If the examiner for drivers’ licences is satisfied that the 
applicant has sufficient knowledge of the matters as prescribed 
in respect of the class of vehicle concerned, and is not 
disqualified in terms of section 18 from obtaining a learner’s 
licence, such examiner shall upon payment by the applicant of 
the prescribed fees issue or authorize the issue of a learner’s 
licence in the prescribed manner to such applicant in respect of 
the appropriate class of motor vehicle.

[Sub-s. (4) substituted by s. 7 of Act No. 73 of 1991.]

(5)  No person shall wilfully or negligently issue or authorize 
the issue of a learner’s licence contrary to the provisions of this 
Chapter.

24.   Application for and issue of driver’s licence.—(1)  Subject 
to the provisions of section 29, the holder of a learner’s licence 
who desires to obtain a driver’s licence shall apply in the 
prescribed manner to an appropriately graded driver’s licence 
testing centre for a licence to drive a motor vehicle of a class the 
driving of which is authorized by his learner’s licence.

(2)  An application in terms of subsection (1) shall be 
accompanied by the prescribed fees.

(3)  Upon receipt of an application in terms of subsection (1), 
the driver’s licence testing centre concerned shall, if it is 
satisfied from the information furnished in the application or 
from such further information as such centre may reasonably 
request, that the applicant is not disqualified from obtaining a 
driver’s licence, determine a day on and time at which the 
applicant shall present himself to be examined by an examiner 
for driver’s licences in the manner and on the matters as 
prescribed, and for such purpose the applicant shall supply a 
motor vehicle of the class to which his application relates.

(4)  An examiner for drivers’ licences shall test an applicant for 
a driver’s licence in the manner and in respect of the matters as 
prescribed.

(5)  If an examiner for drivers’ licences has satisfied himself in 
terms of subsection (4) that an applicant for a driver’s licence is 
competent, as prescribed, to drive a motor vehicle of the class to 
which such applicant’s application relates, such examiner shall 
upon payment by the applicant of the prescribed fees issue or 
authorize the issue of a driver’s licence in the prescribed 
manner to such applicant in respect of such class of motor 
vehicle, and the examiner for drivers’ licences or the person 
authorized thereto by him shall—

(a)in the case where the applicant has in terms of subsection (3) 
provided a motor vehicle equipped with an automatic or semi-
automatic transmission, endorse the driver’s licence to the effect 
that authorization is granted only for the driving of a motor 
vehicle equipped with an automatic or semi-automatic 
transmission; and

(b)in the case where the applicant is found to be competent to 
drive with the aid of glasses, an artificial limb or other physical 
aid, endorse the licence accordingly.

(6)  No person shall wilfully or negligently—

(a)issue a driver’s licence;

(b)authorize the issue of a driver’s licence; or

(c)endorse a driver’s licence,

contrary to the provisions of this section.

(7)  . . . . . .

[Sub-s. (7) deleted by s. 8 of Act No. 73 of 1991.]

(8)  . . . . . .

[Sub-s. (8) deleted by s. 8 of Act No. 73 of 1991.]

(9)  The particulars of a driver’s licence which have been 
included in an identity document shall be deemed to be a 
driver’s licence issued under this Act.

*24A.   . . . . . .

__________

* Pending insertion. Refer Act 39/1993, s. 3.

24B.   Special provisions regarding drivers’ licences which 
ceased to be valid in terms of certain provisions of the road 
traffic ordinance.—(1)  The holder of a licence issued in terms 
of section 57 of the road traffic ordinance which licence ceased 
to be a valid driver’s licence in terms of section 59 (1) of the 
said Ordinance (Transvaal), section 59 (1) of the said Ordinance 
(Natal), section 59 (2) of the said Ordinance (Orange Free State) 
and section 59A (1) of the said Ordinance (the Cape of Good 
Hope), may, subject to the provisions of section 18 of this Act, 
apply to a prescribed authority that a driver’s licence be issued 
to him in terms of the said section 24, to drive a motor vehicle 
of a class corresponding to the class mentioned in the licence 
issued to him, in terms of section 57 of the Ordinance 
concerned, subject to such conditions as may apply to the latter 
licence.

(2)  An application for a driver’s licence in terms of subsection 
(1) shall be accompanied by—

(a)the fees referred to in section 24 (2); and

(b)(i)the licence issued in terms of section 57 of the road traffic 
ordinance or a duplicate thereof; or

(ii)a prescribed form.

(3)  Upon receipt of an application in terms of subsection (2), 
the prescribed authority shall satisfy himself in the prescribed 
manner as to the authenticity of the document referred to in 
subsection (2) (b) and issue a driver’s licence in the manner 
prescribed in section 24 (5) to the applicant and, if applicable, 
endorse such driver’s licence in terms of section 24 (5) (b).

(4)  An application referred to in subsection (1) shall be made to 
the prescribed authority within six months after the date of 
commencement of the Road Traffic Second Amendment Act, 
1993.

[S. 24B inserted by s. 1 of Act No. 66 of 1993.]

25.   Power of Administrator in respect of examination and 
testing of applicant for learner’s or driver’s licence.—
Notwithstanding anything to the contrary contained in this Act, 
the Administrator may, whenever he deems it expedient, direct 
where and by which examiner for drivers’ licences an applicant 
for a learner’s or driver’s licence shall be examined and tested 
and at which driver’s licence testing centre such applicant may 
apply for a driver’s licence.

*26.   Holder of licence to drive motor vehicle shall give notice 
of change of place of residence.—When the holder of a licence 
to drive a motor vehicle which was issued in terms of this 
Chapter, has changed his place of residence permanently, he 
shall within 14 days after such change, notify in the prescribed 
manner the Director-General of Home Affairs of his new 
residential and postal address.

[S. 26 substituted by s. 9 of Act No. 73 of 1991.]

__________

* Pending amendment. Refer Act 40/1992, s. 9, and Act 
39/1993, s. 4.

27.   Right of appeal to Administrator.—(1)  Any person who is 
aggrieved at the refusal of an examiner for drivers’ licences to 
issue or authorize the issue to him of a learner’s or driver’s 
licence, may, within 21 days after such refusal, in writing 
appeal to the Administrator of the province in which that 
examiner was appointed as such, and such person shall at the 
same time serve a copy of the appeal on the examiner 
concerned.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the examiner for drivers’ licences concerned 
shall forthwith furnish the Administrator with his reasons for 
the refusal to which such appeal refers.

(3)  For the purpose of deciding an appeal in terms of 
subsection (1), the Administrator may appoint any person to 
examine and test the appellant as to his competency to drive the 
class of motor vehicle concerned and may, in addition, require 
each party to the appeal to furnish such information and 
evidence as he may deem expedient.

(4)  The Administrator may after considering the appeal give 
such decision as he may deem fit.

28.   When licence not issued in terms of this Act deemed to be 
driver’s licence.— (1)  Subject to the provisions of subsection 
(2) and the prescribed conditions—

(a)a licence authorizing the driving of a motor vehicle and 
which—

(i)is issued in a prescribed territory; or

(ii)is issued in any other country or territory; and

(b)an international driving permit which is issued while the 
holder thereof was not permanently or ordinarily resident in the 
Republic,

shall, in respect of the class of motor vehicle to which that 
licence or permit relates and subject to the conditions thereof, 
be deemed to be a licence for the purposes of this Chapter: 
Provided that if that licence is a provisional licence or an 
international driving permit, it shall not authorize the driving of 
a motor vehicle carrying passengers and for which a 
professional driving permit is required.

(2)  (a)  The period for which a licence referred to in subsection 
(1) (a (i) or (ii) or an international driving permit referred to in 
subsection (1) (b) shall be deemed to be a licence for the 
purposes of this Chapter, shall be as prescribed.

(b)  The holder of a licence referred to in subsection (1) (a) (i) 
or (ii) or an international driving permit referred to in 
subsection (1) (b), may, subject to the prescribed conditions, 
apply for a driver’s licence to take the place of such licence or 
permit.

(3)  An application in terms of subsection (2) (b) shall be made 
in the prescribed manner to an appropriately graded driver’s 
licence testing centre and shall be accompanied by the 
prescribed fee.

(4)  On receipt of an application in terms of subsection (2) (b), 
the driver’s licence testing centre concerned shall, subject to the 
prescribed conditions, issue to the applicant a driver’s licence in 
the prescribed manner.

[S. 28 substituted by s. 10 of Act No. 40 of 1992.]

29.   Department of State may issue learner’s or driver’s licence 
only to person in its employment.—(1)  A department of State 
registered as a driver’s licence testing centre may issue a 
learner’s or driver’s licence in the prescribed form only to a 
person who is in the employment of such department of State.

(2)  For the purposes of subsection (1), a person who renders 
service in the South African Defence Force shall be deemed to 
be in the employment of the Department of Defence.

(3)  A licence authorizing the driving of a motor vehicle, and 
which was issued by a department of State prior to 1 January 
1993, shall, subject to the prescribed conditions, confer upon 
the holder thereof the right to be issued with a driver’s licence 
of the appropriate class in terms of the provisions of this 
Chapter.

[Sub-s. (3) substituted by s. 5 of Act No. 39 of 1993.]

30.   Suspension or cancellation by Administrator of licence 
authorizing driving of motor vehicle.—(1)  If any Administrator 
is of the opinion that the holder—

(a)of a learner’s or driver’s licence issued under this Chapter, a 
repealed ordinance or any prior law, is disqualified in terms of 
section 18 from holding it, he shall cancel such licence; or

(b)of a licence referred to in paragraph (a) would constitute a 
source of danger to the public by driving a motor vehicle on a 
public road, he may cancel or suspend such licence.

(2)  For the purposes of subsection (1) the Administrator may 
request the holder of the licence concerned to submit himself 
within such period as the Administrator may determine—

(a)to an examination and a test by one or more examiners for 
drivers’ licences nominated by the Administrator, to determine 
his competency to drive a motor vehicle of the class to which 
his licence relates, and for the purpose of such examination and 
test the holder of the licence concerned shall provide a motor 
vehicle of the class concerned: Provided that the holder of the 
licence concerned may request that he be submitted to such 
examination and test to determine his competency to drive a 
motor vehicle—

(i)of any other class of which the driving is authorized by his 
licence; or

(ii)of a specific prescribed class,

and for the purpose of such examination and test he shall 
provide a motor vehicle of the class concerned;

(b)to an examination by a medical practitioner nominated by the 
Administrator, to determine his physical and mental fitness to 
drive a motor vehicle; or

(c)to an examination and test contemplated in paragraph (a) and 
an examination contemplated in paragraph (b).

(3)  If the holder of the licence concerned is after the 
examination and test in terms of subsection (2) (a) found to be 
competent to drive a motor vehicle of the class provided by him 
and is not disqualified in terms of section 18, the Administrator 
may direct—

(a)that every licence authorizing the driving of a motor vehicle 
and of which he is the holder shall be cancelled; and

(b)that a driver’s licence in respect of a motor vehicle of the 
class provided by him shall be issued to him free of charge by 
an examiner for drivers’ licences of the authority authorized 
thereto by the Administrator, and for that purpose the provisions 
of section 24 (5) (a) and (b) shall apply mutatis mutandis.

(4)  The cost of any examination referred to in subsection (2) (b) 
shall be a charge against the accounts contemplated in section 
82 (1) (c) of the Republic of South Africa Constitution Act, 
1983 (Act No. 110 of 1983).

(5)  If any person fails to comply with a request in terms of 
subsection (2), the Administrator may forthwith suspend or 
cancel, as the case may be, the licence concerned unless such 
person is able to satisfy the Administrator within a period 
determined by the Administrator that such failure was due to a 
reason beyond his control and that such licence should not be so 
suspended or cancelled.

(6)  That suspension or cancellation of a licence in terms of this 
section shall apply to any other learner’s or driver’s licence held 
by the holder of such suspended or cancelled licence and 
recognized under this Chapter as a valid licence, as the 
Administrator may determine.

*(7)  When a licence is cancelled or suspended in terms of 
subsection (1) or is cancelled in terms of subsection (3) (a), the 
holder thereof shall forthwith submit the licence or, in the case 
where it is contained in an identity document, such document to 
the Administrator or an inspector of licences authorized thereto 
by him, who shall effect an appropriate endorsement thereon 
and in the case where the licence—

(a)is not contained in an identity document and—

(i)has been suspended—

(aa)notify the competent authority which issued it of the 
suspension;

(bb)retain the licence for the period of suspension; and

(cc)return the licence to the holder thereof upon the expiry of 
the period of suspension; or

(ii)has been cancelled, notify the competent authority which 
issued it of the cancellation; and

(b)is contained in an identity document, notify the Director-
General of Home Affairs of the cancellation or suspension.

**(8)  The Administrator may, where he deems it expedient and 
on such conditions as he may deem fit, reinstate a licence 
suspended in terms of this section, whereupon he shall notify 
the competent authority which issued such licence of the 
reinstatement.

(9)  The Administrator may, where he deems it expedient and 
on such conditions as he may deem fit, authorize a person 
whose licence has been cancelled in terms of this section to 
apply for a learner’s and a driver’s licence.

(10)  A person whose learner’s or driver’s licence has been 
cancelled in terms of this Act, a repealed ordinance or any prior 
law or by any competent authority, shall be deemed to be 
unlicensed, and any person whose licence as aforesaid has been 
suspended in terms of this Act, a repealed ordinance or any 
prior law or by any competent authority shall, during the period 
of such suspension, be deemed to be unlicensed.

(11)  Where any circumstance arises in relation to the holder of 
a licence authorizing the driving of a motor vehicle and which 
is issued in a prescribed territory or a foreign state, which, in the 
opinion of the Administrator would have disqualified such 
person as contemplated in section 18 from obtaining a driver’s 
licence, or if such holder would, in the opinion of the 
Administrator, constitute a source of danger to the public by 
driving a motor vehicle on a public road, he may inform such 
person that such licence is of no force and effect within the 
Republic and from the date on which such person is so 
informed the licence shall cease to be in force within the 
Republic.

__________

* Pending amendment. Refer Act 40/1992, s. 11, and Act 
39/1993, s. 6.

** Pending amendment. Refer Act 39/1993, s. 6.

31.   Lapsing of endorsement on licence.—(1)  An endorsement 
pursuant to any order of a court effected upon any licence 
authorizing the driving of a motor vehicle under this Chapter, 
shall lapse after the expiry of a period of three years from the 
date upon which such endorsement was made, if during such 
period no further endorsement has been made on that licence: 
Provided that no other period of suspension of such licence 
shall be included in the calculation of the period of three years.

(2)  Where, in relation to a driver’s licence, all endorsements 
have lapsed in terms of subsection (1), the authority which 
issued the licence may, upon application by the holder thereof 
in the prescribed manner and upon payment to such authority of 
the fees referred to in section 24 (2), issue to such holder a 
driver’s licence free from any endorsements.

32.   Cancellation or amendment of endorsement on licence.—
(1)  Where the holder of a licence—

(a)authorizing the driving of a motor vehicle in the Republic; 
and

(b)on which an endorsement in terms of section 24 (5) or a 
similar endorsement by a competent authority in a prescribed 
territory has been effected,

is of the opinion that there are circumstances justifying the 
cancellation or amendment of such endorsement, he may apply 
to the Administrator of the province in which he is permanently 
or ordinarily resident for the cancellation or amendment of such 
endorsement.

(2)  An application in terms of subsection (1) shall be 
accompanied by—

(a)the licence concerned or, in the case where it is contained in 
an identity document, such document;

(b)a statement by the applicant setting forth the reasons for the 
application; and

(c)the prescribed fee.

[Para. (c) added by s. 12 (c) of Act No. 40 of 1992.]

(3)  Upon receipt of an application in terms of subsection (1) 
the Administrator may, for the purpose of the consideration 
thereof—

(a)require the applicant to submit such further statement or 
document; or

(b)take such other steps,

as the Administrator may deem expedient.

(4)  If an application in terms of subsection (1) —

(a)is refused by the Administrator, he shall notify the applicant 
accordingly and return the licence or identity document 
concerned to him; or

*(b)is granted by the Administrator, he shall—

(i)cancel the licence and issue or authorize the issue of a new 
licence in the prescribed manner without endorsement or 
reflecting the amended endorsement, as the case may be; and

[Sub-para. (i) substituted by s. 12 (d) of Act No. 40 of 1992.]

(ii)notify the competent authority which issued the licence or, in 
the case where it is contained in an identity document, the 
Director-General of Home Affairs accordingly.

__________

* Pending amendment. Refer Act 39/1993, s. 7.

33.   Instructor to be registered.—(1)  No person shall act as an 
instructor unless he is registered in terms of section 35.

(2)  No person shall employ any other person as an instructor, or 
make use of his services as an instructor, unless such person is 
registered as an instructor in terms of section 35.

(Date of commencement of s. 33 to be proclaimed.)

34.   Application for registration as instructor.—(1)  A person 
desiring to be registered as an instructor shall apply therefor to 
the Administrator concerned in the prescribed manner.

(2)  An application referred to in subsection (1) shall be 
accompanied by the prescribed fees.

(Date of commencement of s. 34 to be proclaimed.)

35.   Registration and grading of instructors.—If the 
Administrator is satisfied that an applicant referred to in section 
34 fulfils the competency and grading qualifications as 
prescribed pertaining to the specific category of application, he 
shall register and grade such applicant in the prescribed manner.

(Date of commencement to be proclaimed.)

36.   Suspension and cancellation of registration of instructor.—
The Administrator concerned may in the prescribed manner 
suspend for such period as he may deem fit, or cancel, the 
registration of an instructor if such instructor—

(a)in the opinion of the Administrator is guilty of misconduct in 
the exercise of his powers or the performance of his duties; or

(b)failed to attend an appropriate refresher course at a training 
centre approved by the Minister within a prescribed period.

(Date of commencement of s. 36 to be proclaimed.)

37.   Right of appeal to Minister.—(1)  Any person who is 
aggrieved at the refusal of the Administrator to register him as 
an instructor or with the suspension or cancellation of his 
registration as an instructor may within 21 days after such 
refusal, suspension or cancellation in writing appeal to the 
Minister against such refusal, suspension or cancellation, and 
such person shall at the same time serve a copy of the appeal on 
the Administrator.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the Administrator shall forthwith furnish the 
Minister with his reasons for the refusal, suspension or 
cancellation to which such appeal refers.

(3)  The Minister may after considering the appeal give such 
decision as he may deem fit.

(Date of commencement of s. 37 to be proclaimed.)

*38.   Voidness of learner’s licence or driver’s licence issued 
contrary to provisions of this Chapter.—A learner’s or driver’s 
licence issued contrary to the provisions of this Chapter, shall 
be void, and upon the request of the Director-General of Home 
Affairs, an Administrator, the authority which issued such 
licence or a traffic officer, as the case may be, the holder of 
such licence shall forthwith submit it or, in the case where it is 
contained in an identity document, such document to the 
Director-General of Home Affairs, such Administrator, the 
authority which issued it or such traffic officer, as the case may 
be, who shall cancel the licence: Provided that—

(a)the traffic officer may cancel such licence only with the prior 
approval of the Administrator concerned;

(b)the Director-General of Home Affairs or such Administrator, 
as the case may be, shall forthwith notify the authority which 
issued the licence of such cancellation;

(c)such Administrator or the authority which issued the licence, 
as the case may be, shall forthwith notify the Director-General 
of Home Affairs of the cancellation in the case where the 
licence is contained in an identity document.

__________

* Pending amendment. Refer Act 39/1993, s. 8.

39.   Use of learner’s or driver’s licence by another person 
prohibited.—No person who is the holder of a learner’s or 
driver’s licence shall allow such licence to be used by any other 
person.

40.   Unlicensed driver not to be employed or permitted to drive 
motor vehicle.—No person who is the owner or operator, or is 
in charge or control, of a motor vehicle shall employ or permit 
any other person to drive such vehicle on a public road unless 
such other person is licensed under this Chapter to drive the 
vehicle.

PART TWO: PROFESSIONAL DRIVING PERMIT

41.   Permit required by professional driver.—**(1)  No person 
shall drive on a public road a motor vehicle in respect of which 
an operator is registered, except in accordance with the 
conditions of a permit (to be known as a professional driving 
permit) issued to him under this Chapter and unless he keeps 
such permit with him in the vehicle: Provided that the 
provisions of this subsection shall not apply to the holder of a 
learner’s licence who drives such vehicle while he is 
accompanied by a person registered as a professional driver for 
such category of vehicle.

***(2)  A public driving permit referred to in section 78 (1) of 
the road traffic ordinance, shall in accordance with the 
conditions thereof but subject to the provisions of this Act, be 
deemed to be a professional driving permit for the purposes of 
subsection (1) for the period of validity of such public driving 
permit.

(3)  Any document issued by a competent authority in any 
prescribed territory and serving in such territory a purpose 
similar to that of a professional driving permit shall, subject to 
the conditions thereof and to such conditions as may be 
prescribed, be deemed to be a professional driving permit for 
the purposes of subsection (1).

(Date of commencement of s. 41 to be proclaimed.)

__________

** Pending amendment. Refer Act 39/1993, s. 10.

*** Pending amendment. Refer Act 40/1992, s. 13.

42.   Prescribing of classification and extent of professional 
driving permit.—Subject to the provisions of this Chapter—

(a)the categories of professional driving permits;

(b)the authority conveyed by such permits;

(c)the period of validity of such permits; and

(d)the form and contents of such permits,

shall be as prescribed.

(Date of commencement of s. 42 to be proclaimed.)

43.   Application for professional driving permit.—(1)  (a)  Any 
person desiring to ob- tain a professional driving permit shall, 
subject to the provisions of this Chapter, apply therefor in the 
prescribed manner to the registering authority in whose area he 
permanently or ordinarily resides or, if he has no place of 
permanent residence, to any registering authority: Provided that, 
with the consent of the Administrator concerned, a person who 
has a permanent place of residence may apply to a registering 
authority, determined by the Administrator, other than the 
registering authority in whose area he permanently resides.

(b)  Any person desiring to obtain a professional driving permit 
and who is in the employment of a department of State which is 
registered as a driver’s licence testing centre, may apply therefor 
in the manner contemplated in paragraph (a), to such 
department.

(c)  Any person who is not permanently or ordinarily resident 
within the Republic or any prescribed territory and who desires 
to obtain a professional driving permit, shall apply therefor in 
the manner referred to in paragraph (a) to any registering 
authority determined by the Administrator concerned.

(2)  An application referred to in subsection (1) shall be 
accompanied by the prescribed fees.

*(3)  If the registering authority or department of State 
concerned is satisfied that the application referred to in 
subsection (1) is complete and correct, it shall submit such 
application to the Administrator concerned.

(Date of commencement of s. 43 to be proclaimed.)

__________

* Pending amendment. Refer Act 40/1992, s. 14.

44.   Registration of professional driver.—If the Administrator 
is satisfied that the applicant fulfils the prescribed requirements 
for the issue to him of a professional driving permit, he shall 
register such applicant as a professional driver, in the prescribed 
manner.

(Date of commencement to be proclaimed.)

**45.   Issue of professional driving permit.—After the 
Administrator has registered an applicant as a professional 
driver in terms of section 44, the Administrator shall issue in the 
prescribed manner a professional driving permit to the 
applicant.

(Date of commencement to be proclaimed.)

__________

** Pending amendment. Refer Act 73/1991, s. 11.

46.   Suspension or cancellation of professional driving permit 
by Administrator.—(1)  Where any circumstance arises in 
relation to the holder of a professional driving permit issued in 
the Republic which, in the opinion of the Administrator, would 
entitle him to refuse a professional driving permit to such 
holder, or if such holder has been convicted of a second or 
subsequent offence which, in the opinion of the Administrator, 
relates to the driving of a motor vehicle or a failure to stop after 
or report an accident, the Administrator may suspend or cancel 
the professional driving permit held by such person, and in such 
event the Administrator shall notify that person accordingly.

(2)  If a suspension or cancellation is effected in terms of 
subsection (1), the person concerned shall forthwith surrender 
the professional driving permit to the Administrator.

***(3)  The Administrator shall notify the Director-General of 
any suspension or cancellation in terms of subsection (1).

***(4)  After the expiry of any period of suspension the 
Administrator shall upon request restore to the person entitled 
thereto, the professional driving permit surrendered to him in 
terms of subsection (2), if the validity thereof has not expired, 
and he shall notify the Director-General accordingly.

(5)  Where any circumstance arises in relation to the holder of a 
professional driving permit or like document issued outside the 
Republic which, in the opinion of the Administrator, would 
have entitled him to refuse to issue a professional driving permit 
to such holder or if such holder has been convicted of a second 
or subsequent offence, which in the opinion of the 
Administrator, relates to the driving of a motor vehicle or a 
failure to stop after or report an accident, the Administrator may 
inform such person that such permit is of no force and effect 
within the Republic, and from the date on which such person is 
so informed the permit shall cease to be in force within the 
Republic.

(Date of commencement of s. 46 to be proclaimed.)

__________

*** Pending amendment. Refer Act 73/1991, s. 12.

47.   Right of appeal to Minister.—(1)  Any person who is 
aggrieved at the refusal of the Administrator to issue him with a 
professional driving permit or the conditions subject to which a 
professional driving permit has been issued to him may, within 
21 days after such refusal or such issuance, as the case may be, 
in writing appeal to the Minister against any such refusal or 
conditions, and such person shall at the same time serve a copy 
of the appeal on the Administrator.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the Administrator shall forthwith furnish the 
Minister with his reasons for the refusal or the conditions of 
issuance to which such appeal relates.

(3)  The Minister may after considering the appeal give such 
decision as he may deem fit.

(Date of commencement of s. 47 to be proclaimed.)

48.   Driver of motor vehicle in respect of which operator is 
registered, to hold professional driving permit.—No person 
who—

(a)is the owner or operator of or is in charge or control of a 
motor vehicle in respect of which an operator is registered, shall 
employ or permit any driver to drive such vehicle on a public 
road, unless such driver is the holder of a professional driving 
permit where such permit is required in terms of this Chapter 
for that purpose; or

(b)is the holder of a professional driving permit under this 
Chapter, shall allow such permit to be used by any other person.

(Date of commencement of s. 48 to be proclaimed.)

49.   Voidness of professional driving permit issued contrary to 
provisions of this Chapter.—Any professional driving permit 
issued contrary to the provisions of this Chapter shall be void, 
and the holder thereof shall, on demand by the registering 
authority or department of State concerned or by a traffic 
officer, deliver forthwith such permit to such registering 
authority, department of State or traffic officer.

(Date of commencement to be proclaimed.)

PART THREE: DRIVING HOURS

50.   Drivers to comply with driving hours.—(1)  No driver of a 
motor vehicle of a class prescribed for the purposes of this 
subsection shall drive such motor vehicle on a public road for a 
period or periods of time exceeding the prescribed period or 
periods.

(2)  No operator or person exercising control over a professional 
driver shall permit, induce, force or in any other way influence 
such driver to contravene the provisions of subsection (1).

(Date of commencement of s. 50 to be proclaimed.)

51.   Certain classes of motor vehicles to contain recording 
device to measure time.—(1)  No person shall operate on a 
public road a motor vehicle of a class contemplated in section 
50 (1), unless such vehicle is fitted with a prescribed automatic, 
electronic, electrical or mechanical device for the purpose of 
recording the period of time for which such vehicle is being 
driven.

(2)  The driver of a motor vehicle of a class contemplated in 
section 50 (1) shall, when driving such motor vehicle on a 
public road, use the recording device referred to in subsection 
(1) in the prescribed manner.

(Date of commencement of s. 51 to be proclaimed.)

52.   Duties of operator and driver of certain class of motor 
vehicle with regard to records.—The duties of an operator and a 
driver of a motor vehicle of a class contemplated in section 50 
(1), in relation to the maintenance and preservation of records of 
driving hours produced by the recording device contemplated in 
section 51 (1), shall be as prescribed.

(Date of commencement to be proclaimed.)

53.   Records produced by recording device may be removed 
and analyzed.—(1)  In the event of a motor vehicle being 
involved in an accident, a traffic officer may remove and 
analyze or cause to be analyzed the records produced by a 
recording device contemplated in section 51 (1) pertaining to 
that vehicle.

(2)  A record produced by means of a recording device, shall 
prima facie be regarded as referring to the motor vehicle to 
which that recording device is attached, and the information 
recorded by or in such recording device shall prima facie be 
deemed to be correct.

(Date of commencement of s. 53 to be proclaimed.)

PART FOUR: GENERAL

54.   Production of licence and permit to court.—(1)  If any 
person is charged with any offence under this Act relating to the 
driving of a motor vehicle or a failure to stop after or report an 
accident, he shall produce every licence and permit of which he 
is the holder, or a duplicate thereof if he is not in possession of 
the original, to the court at the time of the hearing of the charge.

(2)  For the purposes of this Part—

(a)“licence” means a learner’s or driver’s licence;

(b)“permit” means a professional driving permit.

(3)  No person referred to in subsection (1), shall fail, without 
reasonable excuse, to produce in terms of that subsection every 
licence and permit of which he is the holder.

(Date of commencement of s. 54: 14 December, 1990.)

**55.   Court may issue order for endorsement, suspension or 
cancellation of licence or permit or disqualify person from 
obtaining licence or permit.—(1)  A court convicting a person 
of an offence under this Act, or of an offence at common law, 
relating to the driving of a motor vehicle or a failure to stop 
after or report an accident, may, in addition to imposing a 
sentence, issue an order, if the person convicted is—

(a)the holder of a licence, that particulars of the conviction, 
sentence and any other order of the court consequent thereupon 
be endorsed on such licence, and the registrar or clerk of such 
court concerned shall endorse such licence accordingly;

(b)the holder of a licence or of a licence and permit, that such 
licence or licence and permit be suspended for such period as 
the court may deem fit or that such licence or licence and permit 
be cancelled, and any such order shall be endorsed on such 
licence as provided for in paragraph (a);

(c)the holder of a licence, or of a licence and permit, that such 
licence or licence and permit be cancelled, and that the person 
convicted be disqualified from obtaining a licence, or a licence 
and permit, for any class of motor vehicle for such period as the 
court may deem fit, and such order shall be endorsed on the 
licence as provided in paragraph (a); or

(d)not the holder of a licence, or of a licence and permit, 
declaring him to be disqualified from obtaining a licence, or a 
licence and permit, either indefinitely or for such period as the 
court may deem fit.

(2)  The making of an endorsement in terms of subsection (1) 
may be postponed by the court issuing the order until any 
appeal against the conviction or sentence or both has been 
disposed of.

(Date of commencement of s. 55: 14 December, 1990.)

__________

* Pending amendment. Refer Act 40/1992, s. 15, and Act 
39/1993, s. 9.

55A.   On conviction of certain offences licence and permit 
shall be suspended for minimum period and learner’s or driver’s 
licence cannot be obtained.—(1)  Subject to subsection (3), the 
driver’s licence or the licence and permit of any person 
convicted of an offence referred to in—

(a)section 118 (1) (a), (b) or (c), in the case of the death of or 
injury to a person;

(b)section 120 (1), if the court found that the offence was 
committed by driving recklessly;

(c)section 122 (1), (2) or (5),

where such person is the holder of a driver’s licence or a licence 
and permit, shall be suspended in the case of—

(i)a first offence, for a period of at least three months;

(ii)a second offence, for a period of at least one year; or

(iii)a third or subsequent offence, for a period of at least five 
years,

calculated from the date of conviction.

(2)  Subject to subsection (3), any person who is not the holder 
of a driver’s licence or of a licence and permit, shall, on 
conviction of an offence referred to in subsection (1), be 
disqualified for a period mentioned in subparagraphs (i) to (iii) 
of subsection (1), from obtaining a learner’s or driver’s licence 
or a licence and permit.

(3)  If a court convicting any person of an offence referred to in 
subsection (1), is satisfied that circumstances exist which do not 
justify the suspension or disqualification referred to in 
subsection (1) or (2), respectively, the court may, 
notwithstanding the provisions of those subsections, order that 
the suspension or disqualification shall not take effect, or shall 
be for such shorter period as the court may deem fit.

(4)  A court convicting any person of an offence referred to in 
subsection (1), shall bring the provisions of subsection (1) or 
(2), as the case may be, and of subsection (3), to the notice of 
such person.

(5)  The provisions of section 56 shall mutatis mutandis apply 
to the suspension of a driver’s licence or a licence and permit in 
terms of this section.

[S. 55A inserted by s. 10 of Act No. 39 of 1993.]

*56.   Procedure subsequent to endorsement, suspension or 
cancellation of licence or permit.—(1)  Where a court has 
issued an order that a licence which is not included in an 
identity document be endorsed, or that such licence or any 
permit be suspended or cancelled, the registrar or clerk of such 
court shall advise the competent authority which issued such 
licence or permit thereof and of the conviction and sentence of 
the person concerned.

(2)  Where a court has issued an order that a licence which is 
included in an identity document be endorsed, suspended or 
cancelled, the registrar or clerk of such court shall advise the 
Director-General of Home Affairs thereof.

(3)  Where the court has issued an order that a licence which is 
not included in an identity document, or a permit, be cancelled, 
the registrar or clerk of such court shall transmit such licence or 
permit to the competent authority which issued the licence or 
permit.

(4)  A licence which is not included in an identity document, or 
a permit, which has been suspended as a result of an order of 
court, shall, after it has been endorsed accordingly by the 
registrar or clerk of the court concerned, be returned to the 
person entitled thereto after the period of suspension has lapsed.

(5)  Whenever a licence is endorsed, or a licence and permit are 
suspended or cancelled in terms of an order of court, the 
endorsement, suspension or cancellation shall apply to every 
other licence, or licence and permit, as the case may be, held by 
the person concerned, and every such other licence, or licence 
and permit, shall be endorsed accordingly by the registrar or 
clerk of the court and thereafter returned to the person entitled 
thereto: Provided that if such other licence which is not 
included in an identity document, or such other licence and 
permit—

(a)is suspended, that licence or licence and permit shall be kept 
by the registrar or clerk of the court until the period of 
suspension has lapsed; or

(b)is cancelled, that licence or licence and permit shall be 
transmitted by the registrar or clerk of the court to the 
competent authority which issued the licence or permit.

[S. 56 substituted by s. 13 of Act No. 73 of 1991.]

(Date of commencement of s. 56: 14 December, 1990.)

_________

* Pending amendment. Refer Act 40/1992, s. 16, and Act 
39/1993, s. 11.

CHAPTER IV

FITNESS OF VEHICLES

57.   Testing station to be registered.—No person, department of 
State or registering authority shall operate a testing station after 
a date to be determined by the Minister by notice in the Gazette, 
unless such testing station is registered and graded.

(Date of commencement 14 February, 1991.)

58.   Application for registration of testing station.—(1)  Any 
person, department of State or registering authority desiring to 
operate a testing station shall apply in the prescribed manner to 
the Administrator within whose area such testing station will be 
operated, for the registration of such testing station.

(2)  An application made in terms of subsection (1) shall be 
accompanied by the prescribed fees.

(Date of commencement of s. 58: 14 February, 1991.)

59.   Registration and grading of testing station.—If upon 
receipt of an application referred to in section 58, the 
Administrator is satisfied that with regard to the testing station 
concerned the prescribed requirements for registration of such a 
testing station have been met, he shall register and grade such 
testing station upon the conditions and in the manner as may be 
prescribed and shall give notice of such registration in the 
Official Gazette: Provided that the Administrator may 
provisionally register and grade a testing station operated by a 
registering authority, upon such conditions and in the manner as 
may be prescribed.

(Date of commencement 14 February, 1991.)

59A.   Right of appeal to Minister.—(1)  A person, a 
department of State or a registering authority who or which is 
aggrieved at the refusal of the Administrator to register him or it 
as a testing station or at the suspension or cancellation of his or 
its registration as a testing station may, within 21 days after 
such refusal, suspension or cancellation, in writing appeal to the 
Minister against such refusal, suspension or cancellation, and 
such appellant shall at the same time serve a copy of the appeal 
on the Administrator.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the Administrator shall forthwith furnish the 
Minister with his reasons for the refusal, suspension or 
cancellation to which such appeal refers.

(3)  The Minister may after considering the appeal give such 
decision as he may deem fit.

[S. 59A inserted by s. 17 of Act No. 40 of 1992.]

60.   Suspension or cancellation of registration of testing 
station.—The Administrator may, if in his opinion a registered 
testing station no longer complies with the requirements 
referred to in section 59, suspend, for such period as he may 
deem fit, or cancel the registration of a testing station in the 
prescribed manner.

(Date of commencement 14 February, 1991.)

61.   Appointment of inspectorate of testing stations.—(1)  The 
Minister shall designate a person, authority or organization as 
an inspectorate of testing stations.

(2)  The powers and duties of the said inspectorate of testing 
stations in relation to the inspection and the control of 
standards, grading and functioning of testing stations shall be as 
prescribed.

(Date of commencement of sub-s. (2): 14 February, 1991.)

*(3)  The Minister may, in order to defray the expenditure 
incurred by or on behalf of the said inspectorate for the 
purposes of performing its functions, prescribe fees to be paid 
in respect of every examination conducted or test carried out in 
terms of section 64 (2).

(Date of commencement of sub-s. (3): 14 February, 1991.)

__________

* Pending amendment. Refer Act 73/1991, s. 14.

62.   Roadworthy certificate required in respect of motor 
vehicle.—(1)  No person shall on a public road operate a motor 
vehicle which is not in a roadworthy condition.

(2)  No person shall operate a motor vehicle on a public road 
unless the requirements in respect of roadworthiness 
certification referred to in subsection (3) pertaining to such 
motor vehicle are complied with, and except in accordance with 
the conditions of such a certificate.

(Date of commencement of sub-s. (2) to be proclaimed.)

**(3)  Subject to the provisions of this Chapter—

(a)the categories of roadworthy certificates;

(b)the classes in which motor vehicles are classified for the 
purposes of prescribing the requirements relating to 
roadworthiness and the requirements for roadworthiness 
certification applicable to each class of motor vehicle; and

(c)the period of validity of roadworthy certificates and 
roadworthy certificate discs,

shall be as prescribed.

(Date of commencement of sub-s. (3) to be proclaimed.)

(4)  A valid certificate of fitness referred to in section 77 (1) of 
the road traffic ordinance shall, in accordance with the 
conditions thereof but subject to the provisions of this Act, for 
the purposes of subsection (2) be deemed to be a roadworthy 
certificate for the period of validity of such certificate of fitness.

(Date of commencement of sub-s. (4) to be proclaimed.)

(5)  Any document issued by a competent authority in a 
prescribed territory and serving a similar purpose to that of a 
roadworthy certificate shall, in accordance with the conditions 
thereof but subject to the provisions of this Act, be deemed to 
be a roadworhty certificate for the purposes of subsection (2).

(Date of commencement of sub-s. (5) to be proclaimed.)

__________

** Pending amendment. Refer Act 73/1991, s. 15.

63.   Application for roadworthy certificate.—(1)  Any person 
desiring to obtain a roadworthy certificate as referred to in 
section 62 shall apply in the prescribed manner to an 
appropriately graded testing station.

(2)  An application made in terms of subsection (1) shall be 
accompanied by the prescribed fees: Provided that if such 
application is made to a private concern the application shall be 
accompanied by the fees required by such concern.

(Date of commencement of s. 63 to be proclaimed.)

64.   Examination of motor vehicle and issue of roadworthy 
certificate and roadworthy certificate disc.—(1)  Upon receipt 
of an application referred to in section 63, an appropriately 
graded examiner of vehicles shall test and examine the motor 
vehicle concerned in the manner and in respect of the features 
as prescribed.

(2)  If the examiner of vehicles, after the examination and 
testing of such motor vehicle—

(a)is satisfied that the vehicle is roadworthy, he shall, upon 
payment by the applicant of the prescribed fees, issue or 
authorize the issue on the prescribed forms of a roadworthy 
certificate and, where appropriate as proof of the possession 
thereof, a roadworthy certificate disc, and the issuer of such 
certificate shall submit a copy thereof to the registering 
authority concerned and the Director-General or the person or 
body designated by the Minister in terms of section 134 (3); or

(b)is not so satisfied, he may allow the applicant, within a 
period fixed by him, but not exceeding 14 days after the date of 
such examination and testing, to remedy any defect in such 
vehicle, and if the examiner of vehicles is thereafter so satisfied, 
he shall act in terms of paragraph (a).

(3)  Where a motor vehicle referred to in subsection (1) has 
been referred to a testing station under section 8 (a), such 
vehicle shall be examined and tested by an examiner of 
vehicles, and where it is found that the vehicle is unroadworthy, 
the roadworthy certificate in force in respect of such vehicle 
may be cancelled on the prescribed conditions and the 
roadworthy certificate disc may be impounded or destroyed by 
the examiner of vehicles or he may allow the owner, operator or 
person in charge of such vehicle, within a period fixed by him 
but not exceeding 14 days after the date of such examination 
and testing, to remedy any defect in such vehicle, whereupon 
the vehicle shall be produced to an appropriately graded testing 
station.

*(4)  Notwithstanding the provisions of subsection (1), an 
examiner of vehicles authorized thereto in writing by a testing 
station may, at any time before the motor vehicle which is being 
or has been examined and tested with a view to the issue of a 
roadworthy certificate in respect thereof in terms of that 
subsection, is returned to the applicant, re-examine that motor 
vehicle, and for that purpose—

(a)he shall be deemed to be the examiner of vehicles referred to 
in subsection (1);

(b)any prior action taken in respect of that vehicle in terms of 
subsections (1) and (2) shall be of no force and effect.

(5)  No person shall wilfully or negligently issue or authorize 
the issue of a roadworthy certificate or roadworthy certificate 
disc which is materially incorrect, or issue or authorize the issue 
of such certificate or disc in respect of a motor vehicle which 
does not comply with the prescribed requirements.

(6)  No person shall remove or replace the components of a 
vehicle in respect of which a roadworthy certificate was issued, 
except in the normal course of maintenance or use of such 
vehicle.

(Date of commencement of s. 64 to be proclaimed.)

__________

* Pending amendment. Refer Act 40/1992, s. 18.

65.   Prohibition against licensing of unroadworthy vehicle.—A 
motor vehicle which does not comply with the requirements 
referred to in section 62 (3) (b) shall not be licensed or 
relicensed.

(Date of commencement to be proclaimed.)

66.   Prohibition against holding of more than one roadworthy 
certificate or roadworthy certificate disc in respect of the same 
motor vehicle.—(1)  No person shall in respect of the same 
motor vehicle hold more than one roadworthy certificate or 
roadworthy certificate disc the periods of validity of which 
coincide or overlap.

(2)  When the holder of an unexpired roadworthy certificate in 
respect of a motor vehicle has applied in terms of section 63 for 
a new roadworthy certificate in respect of that vehicle he shall, 
upon the issue of the new roadworthy certificate and roadworthy 
certificate disc, deliver such unexpired certificate and any 
applicable roadworthy certificate disc to the issuer of the new 
roadworthy certificate and roadworthy certificate disc, and such 
issuer shall thereupon cancel the certificate and disc delivered to 
him.

(Date of commencement of s. 66 to be proclaimed.)

67.   Roadworthy certificate disc to be affixed to motor 
vehicle.—(1)  Subject to the provisions of subsections (2) and 
(3), no person shall operate or permit to be operated on a public 
road a motor vehicle of a prescribed class—

(a)unless a roadworthy certificate disc is affixed thereto in the 
prescribed manner; or

(b)if a roadworthy certificate disc—

(i)the period of validity of which has expired; or

(ii)which does not relate to such vehicle,

is affixed thereto.

(2)  A disc issued by a competent authority in any prescribed 
territory and the purpose of which is similar to that of a 
roadworthy certificate disc shall, for the purposes of subsection 
(1), be deemed to be a roadworthy certificate disc.

(3)  Where a document the purpose of which is similar to that of 
a roadworthy certificate has been issued by a competent 
authority in any prescribed territory in respect of a motor 
vehicle, but a disc serving a similar purpose to that of a 
roadworthy certificate disc is not required in respect of such 
motor vehicle in terms of a law of the territory concerned, the 
provisions of subsection (1) (a) shall not apply to such motor 
vehicle during the period of validity of such document.

(4)  A document referred to in subsection (3), shall during the 
period of validity thereof, at all times be in or on the motor 
vehicle concerned while it is operated on a public road in the 
Republic.

(Date of commencement of s. 67 to be proclaimed.)

68.   Authority conveyed by roadworthy certificate subject to 
provisions of Act.—The conditions of a roadworthy certificate 
relating to a motor vehicle and the authority conveyed thereby 
shall not be construed as derogating from any provision of this 
Act, and in the event of any conflict between the conditions of 
such certificate and any provision of this Act, the latter shall 
prevail.

(Date of commencement to be proclaimed.)

69.   Effect of alteration of motor vehicle on roadworthy 
certificate and roadworthy certificate disc.—(1)  Subject to the 
provisions of subsection (3), a roadworthy certificate and 
roadworthy certificate disc in respect of a motor vehicle shall 
become void where such motor vehicle is altered in such a 
manner that—

(a)the roadworthy certificate or roadworthy certificate disc no 
longer correctly describes the motor vehicle; or

(b)such alteration affects the conditions of that certificate.

(2)  Within seven days after a roadworthy certificate and 
roadworthy certificate disc became void in terms of subsection 
(1), the holder of such certificate and disc shall deliver them to 
the testing station which issued them, and shall apply for a new 
roadworthy certificate for such motor vehicle.

(3)  The provisions of subsections (1) and (2) shall not apply in 
respect of a motor vehicle of which—

(a)only the engine is replaced, but the owner or operator of such 
motor vehicle shall, within 21 days after such replacement, 
submit the roadworthy certificate and roadworthy certificate 
disc in respect of such vehicle to the testing station which 
issued it and shall at the same time furnish that testing station 
with the new engine number, whereupon the testing station shall 
amend its register or records and the roadworthy certificate and 
roadworthy certificate disc accordingly and notify the Director-
General of the amendment; or

(b)the registration number changes when such motor vehicle is 
registered in terms of the provisions of this Act, except when it 
is registered by virtue of a change in the ownership thereof, but 
the owner or operator of such motor vehicle shall, when 
complying with the provisions of this Act in respect of 
registration, submit the roadworthy certificate and roadworthy 
certificate disc of the motor vehicle concerned to the registering 
authority which registers that motor vehicle, whereupon that 
registering authority shall amend the registration number on 
such certificate and disc, and where such certificate and disc 
were issued by—

(i)a testing station of that registering authority, it shall amend its 
register or records accordingly; or

(ii)a testing station of another registering authority, it shall 
notify that other registering authority of the amended 
registration number, whereupon the latter registering authority 
shall likewise amend its register or records,

and notify the Director-General accordingly.

(Date of commencement of s. 69 to be proclaimed.)

70.   Right of appeal to Administrator.—(1)  Any person who is 
aggrieved at the refusal of an examiner of vehicles or a testing 
station to issue a roadworthy certificate in respect of a motor 
vehicle or to authorize the issue of such certificate to him, or at 
the conditions subject to which such certificate was issued to 
him, may, within 21 days after such refusal or after the issue of 
the certificate subject to the conditions concerned, in writing 
appeal against any such refusal or conditions concerned to the 
Administrator of the province in which that examiner was 
appointed as such or that testing station is registered, and such 
person shall at the same time serve a copy of the appeal on the 
examiner or the testing station concerned.

(2)  After receipt of the copy of the appeal referred to in 
subsection (1), the examiner or testing station concerned shall 
forthwith furnish the Administrator with his or its reasons for 
the decision to which such appeal relates.

(3)  For the purpose of deciding an appeal in terms of 
subsection (1), the Administrator may—

(a)where the appeal concerns a roadworthy certificate, cause the 
motor vehicle concerned to be examined and tested by an 
examiner of vehicles nominated by him; and

(b)require each party to the appeal to furnish such information 
and evidence as he may deem necessary.

(4)  The Administrator may after considering the appeal give 
such decision as he may deem fit.

71.   Voidness of roadworthy certificate or roadworthy 
certificate disc issued contrary to provisions of this Chapter.—
Any roadworthy certificate or roadworthy certificate disc issued 
contrary to the provisions of this Chapter shall be void, and the 
holder thereof shall, on demand by the testing station which 
issued such certificate or disc or by a traffic officer, forthwith 
deliver such certificate or disc to such testing station or traffic 
officer.

(Date of commencement to be proclaimed.)

72.   Suspension or cancellation of roadworthy certificate and 
roadworthy certificate disc by Administrator.—(1)  If the holder 
of a roadworthy certificate and roadworthy certificate disc 
issued in the Republic is convicted of a second or subsequent 
offence which, in the opinion of an Administrator, relates to the 
roadworthiness of a motor vehicle or to such certificate or disc, 
that Administrator may—

(a)suspend, for such period as he may determine; or

(b)cancel,

such roadworthy certificate and roadworthy certificate disc.

(2)  If an Administrator suspends or cancels a roadworthy 
certificate and roadworthy certificate disc in terms of subsection 
(1), the person concerned shall forthwith deliver every such 
certificate and disc to that Administrator.

(3)  The Administrator shall notify the testing station or 
registering authority concerned of every roadworthy certificate 
and roadworthy certificate disc suspended or cancelled in terms 
of subsection (1).

(4)  Upon the expiry of the period of suspension contemplated 
in subsection (1) (a), the Administrator shall, upon request, 
restore to the person entitled thereto, every roadworthy 
certificate and roadworthy certificate disc delivered to him in 
terms of subsection (2), if the validity thereof has not yet 
expired.

(5)  No person shall, without the consent of the Administrator 
concerned, obtain a roadworthy certificate and a roadworthy 
certificate disc for a motor vehicle—

(a)during the period in which a roadworthy certificate and a 
roadworthy certificate disc of which he was the holder are 
suspended in terms of subsection (1) (a); or

(b)if a roadworthy certificate and roadworthy certificate disc of 
which he was the holder have been cancelled in terms of 
subsection (1) (b).

(6)  If the holder of—

(a)a document serving a similar purpose to that of a roadworthy 
certificate; or

(b)a document contemplated in paragraph (a) and a disc serving 
a similar purpose to that of a roadworthy certificate disc,

issued in a prescribed territory, is convicted of a second or 
subsequent offence which, in the opinion of an Administrator, 
relates to the roadworthiness of a motor vehicle or to such a 
document or disc, that Administrator may inform that person 
that every such document or disc held by him is no longer in 
force within the Republic, and from the date on which that 
person is so informed, every such document or disc shall cease 
to be in force within the Republic.

73.   Notice to discontinue operation of motor vehicle.—(1)  If 
in the opinion of a traffic officer, or examiner of vehicles acting 
in conjunction with a traffic officer, a motor vehicle is not 
roadworthy, he may, by notice in the prescribed form served on 
the driver, owner or operator of such vehicle, direct that such 
vehicle shall not be operated on a public road or that such motor 
vehicle shall only be operated upon the prescribed conditions.

(2)  The manner in which and circumstances under which such 
traffic officer or examiner of vehicles may issue a notice 
referred to in subsection (1), and the further steps which shall or 
may be taken in respect of the vehicle concerned, shall be as 
prescribed.

CHAPTER V

OPERATOR FITNESS

74.   Registration of operator.—(1)  The owner of a motor 
vehicle of a class which is prescribed for the purposes of the 
application of this Chapter, shall be the operator of such motor 
vehicle, and shall be registered as such under subsection (6), 
unless the owner of such motor vehicle has concluded with 
another person an agreement providing that the motor vehicle 
may be operated by such person for a period in excess of three 
months, and such person has been registered as the operator of 
the motor vehicle.

(2)  The owner of a motor vehicle referred to in subsection (1), 
shall, in the prescribed manner, and upon payment of the 
prescribed fees—

(a)upon the licensing of such motor vehicle in terms of Chapter 
II make known; or

(b)within 21 days—

(i)after the conclusion or amendment of an agreement; or

(ii)after the vehicle became a vehicle of a class referred to in 
subsection (1),

notify the presribed registering authority,

which person (hereinafter referred to as the designated person) 
is to be registered as the operator of such motor vehicle.

[Sub-s (2) amended by s. 17 (a) of Act No. 73 of 1991 and 
substituted by s. 12 of Act No. 39 of 1993.]

(3)  The owner of any motor vehicle registered in a prescribed 
territory or a foreign state shall, unless he is deemed to be the 
holder of an operator card in terms of section 75 (3), before 
entering the Republic with such vehicle, upon payment of the 
prescribed fee, notify the registering authority referred to in 
section 43 (1) (c) which person (hereinafter referred to as the 
designated person) shall be registered as the operator of such 
vehicle.

*(4)  If the registering authority concerned is satisfied with the 
notification referred to in subsection (2) or (3), as the case may 
be, it shall submit the particulars of the designated person to the 
Administrator concerned within seven days after receipt thereof.

*(5)  Unless the owner of the motor vehicle concerned, at the 
time of the notification contemplated in subsection (2) or (3), is 
registered as the operator thereof, the registering authority shall 
issue a temporary operator card to such owner in the manner 
and on the conditions as prescribed.

[Sub-s. (5) substituted by s. 17 (b) of Act No. 73 of 1991.]

*(6)  The Administrator shall, if satisfied that the designated 
person should be registered as the operator, register such person 
in the prescribed manner as the operator of the motor vehicle 
concerned.

(7)  The Minister may by regulation exempt any operator or 
category of operators from any provision of this Act.

(Date of commencement of s. 74: 1 July, 1992.)

__________

* Pending amendment. Refer Act 401992, s. 19.

75.   Issue of operator card.—**(1)  The Administrator shall 
provide to the registering authority concerned, in respect of each 
motor vehicle contemplated in section 74 an operator card in the 
prescribed manner and upon payment of the prescribed fee.

**(2)  The registering authority shall in the prescribed manner 
issue the operator card contemplated in subsection (1) to the 
operator concerned.

(2A)  The categories, period of validity, form and contents of an 
operator card shall be as prescribed.

[Sub-s. (2A) inserted by s. 18 of Act No. 73 of 1991.]

(3)  Any document issued by a competent authority in any 
prescribed territory or a foreign state and serving in such 
territory or state a purpose similar to that of an operator card 
shall, subject to the conditions thereof and to such conditions as 
may be prescribed, be deemed to be an operator card for the 
purposes of subsection (1).

(4)  Where any circumstance arises in relation to the holder of 
an operator card contemplated in subsection (3), which in the 
opinion of the Administrator would have entitled him to act 
under section 79 if such card was issued in the Republic, the 
Administrator may inform such card holder that such card is of 
no force and effect within the Republic, and from the date on 
which such person is so informed such card shall cease to be in 
force within the Republic.

(Date of commencement of s. 75: 1 July 1992.)

__________

** Pending amendment. Refer Act 40/1992, s. 20.

76.   Operator card to be displayed on motor vehicle.—No 
person shall operate a motor vehicle of any class contemplated 
in section 74 (1) on a public road unless a valid operator card is 
displayed on such motor vehicle in the prescribed manner.

(Date of commencement to be proclaimed.)

77.   Proof of certain facts.—If in any prosecution the question 
arises as to who is the operator of a motor vehicle, an imprint or 
copy of or an extract from an operator card certified by a peace 
officer to be true, shall, upon production thereof, be prima facie 
proof that the person whose name appears as operator on such 
card, was the operator of such vehicle at the time when the 
offence was committed.

(2)  No person shall in terms of subsection (1) certify any 
imprint, copy or extract to be true, knowing that it is not a true 
imprint, copy or extract.

[S. 77 substituted by s. 19 of Act No. 73 of 1991.]

(Date of commencement 1 July, 1992.)

78.   Duties of operator.—The operator of a motor vehicle 
shall—

(a)notify, within seven days—

(i)the owner, if applicable, of such motor vehicle; and

(ii)the registering authority concerned,

of any change in the circumstances pertaining to his registration 
as the operator of such motor vehicle and return the operator 
card in respect of that motor vehicle to the registering authority 
concerned;

(b)keep safe and protect from theft an operator card issued to 
him, and if any such card is lost, stolen or destroyed he shall 
notify the nearest police station within 24 hours and the 
registering authority within whose area the holder is ordinarily 
resident within seven days after having become aware of such 
loss, theft or destruction or after it could reasonably be expected 
that he should have been aware of such loss, theft or 
destruction, whichever event occurred first;

[Para. (b) substituted by s. 20 of Act No. 73 of 1991 and by s. 
21 (a) of Act No. 40 of 1992.]

(c)exercise proper control over the driver of such motor vehicle 
to ensure the compliance by such driver with all the provisions 
of this Act, in particular the provisions regarding—

(i)the driving hours referred to in section 50;

(ii)the requirements in respect of the professional driving permit 
referred to in section 41; and

(iii)the loading of vehicles as prescribed under Chapter XI;

(d)ensure that such motor vehicle complies with the fitness 
requirements contemplated in Chapter IV;

(e)conduct his operations with due care to the safety of the 
public;

(f)if hazardous substances are conveyed, ensure that all 
requirements for the conveyance of such substances, as 
prescribed in—

(i)the Hazardous Substances Act, 1973 (Act No. 15 of 1973); 
and

(ii)any other law pertaining to such substances,

are complied with; and

(g)take all reasonable measures to ensure that such motor 
vehicle is used on a public road in compliance with the 
provisions for the loading and transportation of goods as 
prescribed under Chapter XI.

[Para. (g) added by s. 21 (d) of Act No. 40 of 1992.]

(Date of commencement of s. 78: 1 July, 1992.)

79.   Power of Administrator in respect of motor vehicles, 
drivers and activities of operators.—(1)  An Administrator may, 
on account of any evidence as to the state of fitness of a motor 
vehicle in respect of which an operator is registered, produced 
to him in terms of subsection (4), by written notice—

(a)notify such operator that such motor vehicle is suspected of 
being unroadworthy and that the operator should forthwith take 
adequate steps to ensure its continued roadworthiness in terms 
of the provisions of Chapter IV;

(b)demand from such operator to indicate in writing what 
precautions he has taken to ensure the continued roadworthiness 
of his motor vehicle in terms of the provisions of Chapter IV;

(c)direct such operator to produce such motor vehicle for 
inspection, examination or testing at a time and place to be 
specified in such notice; and

(d)suspend the operator card issued in respect of the motor 
vehicle, if such motor vehicle has been examined or tested in 
terms of paragraph (c) and found to be unroadworthy in terms 
of the provisions of Chapter IV, for such period as such motor 
vehicle is so unroadworthy.

(2)  An Administrator may, on account of the record of a driver 
of a motor vehicle for which an operator is registered, by written 
notice—

(a)inform such operator that it is suspected that he does not 
exercise proper control over the drivers under his authority as 
required in terms of section 78;

(b)demand from such operator to indicate in writing what 
precautions he has taken in order to ensure proper control over 
drivers under his authority;

(c)demand from such operator to produce for examination the 
records relating to drivers which an operator is required to keep 
in terms of