ROAD TRAFFIC SECOND AMENDMENT ACT

NO. 40 OF 1992

[ASSENTED TO 7 APRIL, 1992][DATE OF 
COMMENCEMENT TO BE PROCLAIMED]

(Unless otherwise indicated)

(English text signed by the State President)

ACT

To amend the Road Traffic Act, 1989, so as to define or further 
define certain expressions and to delete certain definitions; to 
make provision for the establishment and functions of a 
Committee for Road Traffic Law Enforcement; to make 
provision for the determination and enforcement of a national 
policy on road traffic law enforcement; to empower the 
Administrator to alter the conditions on which a manufacturer, 
builder or importer of motor vehicles is registered; to make 
provision for an appeal procedure for manufacturers, builders or 
importers of motor vehicles if they are aggrieved at the 
conditions on which they are registered; to make provision for 
the appointment and functions of an inspectorate of 
manufacturers, builders and importers of motor vehicles; to 
make provision for certain administrative procedures in 
connection with the suspension, cancellation or endorsement of 
drivers’ licences or change of place of residence when identity 
documents and drivers’ licences are separated; to make 
provision for the suspension or cancellation of the registration 
of driver’s licence testing centres under certain circumstances; 
to make provision for an appeal procedure for driver’s licence 
testing centres and testing stations if they are aggrieved at a 
refusal to register them or at the suspension or cancellation of 
their registrations; to make other provision in terms of which a 
licence not issued in terms of the said Act shall be deemed to be 
such a licence; to empower the Administrator to determine the 
circumstances in which he shall be furnished with certain 
information in connection with an application for a professional 
driving permit or operator card; to delete the power of a court to 
issue an order for the endorsing of a driver’s licence; to make 
provision that a registering authority instead of the 
Administrator may register an operator and issue an operator 
card; to make provision that no operator card is issued to an 
operator whose card has been suspended, for the duration of 
such suspension; to compel the holder of an operator card to 
report the loss, theft or destruction thereof to the registering 
authority in whose area he is residing; to authorize the use of a 
method other than a parking meter to collect parking fees; to 
delete a certain offence in relation to the driving of a motor 
cycle; to authorize someone who drives or is in charge of a 
locomotive or a device running on rails to temporarily stop on a 
public road in certain circumstances; to increase the penalties 
for offences in terms of the said Act; to make provision that a 
local authority may determine certain fees by special resolution; 
to empower a traffic officer under certain circumstances to seize 
a vehicle or a vehicle with its load; and to empower a court 
under certain circumstances to declare a vehicle or a vehicle 
with its load forfeited to the State; and to provide for matters 
connected therewith.

1.   Amends section 1 of the Road Traffic Act, No. 29 of 1989, 
as follows:— paragraph (a) deletes the definition of “credit 
grantor”; paragraph (b) deletes the definition of “instalment sale 
transaction”; paragraph (c) deletes the definition of “leasing 
transaction”; paragraph (d) substitutes the definition of 
“Minister” (date of commencement 1 July, 1992); paragraph (e) 
substitutes the definition of “owner”; and paragraph (f) inserts 
the definition of “title holder”.

(Date of commencement of paras. (a), (b), (c), (d), (e) and (f): 
Orange Free State – 1 January 1993; Cape Province and Natal – 
1 May 1993; Transvaal – 15 September 1993).

2.   Inserts sections 7A and 7B in the Road Traffic Act, No. 29 
of 1989 (date of commencement 1 July, 1992).

3.   Amends section 14A of the Road Traffic Act, No. 29 of 
1989, by adding subsection (3) (date of commencement 1 
January, 1993).

4.   Amends section 14D of the Road Traffic Act, No. 29 of 
1989, by substituting subsections (1) and (2) (date of 
commencement 1 January, 1993).

5.   Inserts section 14E in the Road Traffic Act, No. 29 of 1989 
(date of commencement 1 January, 1993).

6.   Amendment of section 19 of Act 29 of 1989.—Section 19 
of the principal Act is hereby amended by the substitution for 
the proviso to subsection (3) of the following proviso:

“Provided that 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, the Administrator shall, in the case where the 
licence—

(a)is contained in an identity document—

(i)not cancel the licence;

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

(iii)return the identity document to the holder thereof; and

(iv)notify the Director-General of Home Affairs accordingly; or

(b)is not contained in an identity document, issue or authorize 
the issue of a new driver’s licence in the prescribed manner 
reflecting the conditions subject to which it is issued.”.

7 and 8.   Insert respectively sections 21A and 22A in the Road 
Traffic Act, No. 29 of 1989 (date of commencement 1 January, 
1993).

9.   Substitution of section 26 of Act 29 of 1989, as substituted 
by section 9 of Act 73 of 1991.—The following section is 
hereby substituted for section 26 of the principal Act:

“Holder of licence to drive motor vehicle shall give notice of 
change of place of residence

26.   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 if such licence is contained in his identity document or, 
if such licence is not contained in his identity document, the 
registering authority in whose area he is ordinarily resident.”.

10.   Substitutes section 28 of the Road Traffic Act, No. 29 of 
1989 (date of commencement 1 July, 1992).

11.   Amendment of section 30 of Act 29 of 1989.—Section 30 
of the principal Act is hereby amended—

(a)by the substitution in subsection (7) for the words preceding 
paragraph (a) of the following words:

“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, in the case where the licence—”; and

(b)by the substitution in subsection (7) for paragraph (b) of the 
following paragraph:

“(b)is contained in an identity document, effect an appropriate 
endorsement thereon and notify the Director-General of Home 
Affairs of the cancellation or suspension.”.

12.   Amends section 32 of the Road Traffic Act, No. 29 of 
1989, as follows:—paragraph (a) deletes the word “and” at the 
end of subsection (2) (a); paragraph (b) adds the word “and” to 
subsection (2) (b); paragraph (c) adds subsection (2) (c); and 
paragraph (d) substitutes subsection (4) (b) (i).

(Date of commencement of s. 12: 1 July, 1992.)

13.   Amendment of section 41 of Act 29 of 1989, as amended 
by section 10 of Act 73 of 1991.—Section 41 of the principal 
Act is hereby amended by the deletion of subsection (2).

14.   Amendment of section 43 of Act 29 of 1989.—Section 43 
of the principal Act is hereby amended by the substitution for 
subsection (3) of the following subsection:

         “(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, in such 
circumstances as the Administrator may determine, submit such 
application to the Administrator concerned.”.

15.   Substitution of section 55 of Act 29 of 1989.—The 
following section is hereby substituted for section 55 of the 
principal Act:

“Court may issue order for suspension or cancellation of licence 
or permit or disqualify person from obtaining licence or permit

55.  (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). . . . . .

(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 licence shall be dealt with as 
provided for in subsection (3);

(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 any such licence shall be dealt with as 
provided for in subsection (3); 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 indef- initely or for such period as the 
court may deem fit.

      (2)  The making of an endosement in terms of subsection (3) 
may be postponed by the court issuing the order until any 
appeal against the conviction or sentence or both has been 
disposed of.

      (3)  Where a court has issued an order under subsection (1) 
(b) or (c), the registrar or clerk of the court shall, subject to 
subsection (2), in the case where the licence—

(a)is included in an identity document, endorse such licence 
accordingly and return the identity document to the holder 
thereof; or

(b)is not included in an identity document, retain such licence 
and deal with it in terms of section 56 (3) or (4), as the case may 
be.”.

16.   Substitution of section 56 of Act 29 of 1989, as substituted 
by section 13 of Act 73 of 1991.—The following section is 
hereby substituted for section 56 of the principal Act:

“Procedure subsequent to suspension or cancellation of licence 
or permit

56.  (1)  Where a court has issued an order that a licence which 
is not included in an identity document 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 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 be returned to the person entitled thereto 
after the period of suspension has lapsed.

         (5)  Whenever a licence is or a licence and permit are 
suspended or cancelled in terms of an order of court, the 
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, if it is or they are included in an identity document, 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 or are 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 or are 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.”.

17.   Inserts section 59A in the Road Traffic Act, No. 29 of 
1989 (date of commencement 1 July, 1992).

18.   Amendment of section 62 of Act 29 of 1989, as amended 
by section 15 of Act 73 of 1991.—Section 62 of the principal 
Act is hereby amended by the deletion of subsection (4).

19.   Amendment of section 74 of Act 29 of 1989, as amended 
by section 17 of Act 73 of 1991.—Section 74 of the principal 
Act is hereby amended by the substitution for subsections (4), 
(5) and (6) of the following subsections:

         “(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, in such circumstances as the Administrator 
may determine, 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 
may issue a temporary operator card to such owner in the 
manner and on the conditions as prescribed.

         (6)  (a)  The Administrator shall, if satisfied that the 
designated person should be registered as the operator, notify 
the registering authority accordingly.

            (b)  The registering authority referred to in paragraph (a) 
shall in the prescribed manner register the designated person 
concerned accordingly as the operator.”.

20.   Amendment of section 75 of Act 29 of 1989, as amended 
by section 18 of Act 73 of 1991.—Section 75 of the principal 
Act is hereby amended—

(a)by the substitution for subsection (1) of the following 
subsection:

      “(1)  The registering authority shall in respect of each motor 
vehicle contemplated in section 74 issue an operator card in the 
prescribed manner and upon payment of the prescribed fee: 
Provided that where any operator card of a specific operator is 
suspended, the registering authority shall not issue any new 
operator card to such operator until the period of suspension has 
lapsed.”; and

(b)by the deletion of subsection (2).

21.   Amends section 78 of the Road Traffic Act, No. 29 of 
1989, as follows:—paragraph (a) substitutes paragraph (b); 
paragraph (b) deletes the word “and” at the end of paragraph 
(e); paragraph (c) adds the word “and” to paragraph (f); and 
paragraph (d) adds paragraph (g).

(Date of commencement of s. 21: 1 July, 1991.)

22.   Substitutes section 88 of the Road Traffic Act, No. 29 of 
1989 (date of commencement 1 July, 1992).

23.   Amends section 91 of the Road Traffic Act, No. 29 of 
1989, by deleting subsection (6) (date of commencement 1 July, 
1992).

24.   Amends section 106 of the Road Traffic Act, No. 29 of 
1989, by substituting subsection (2) (date of commencement 1 
July, 1992).

25.   Amendment of section 130 of Act 29 of 1989.—Section 
130 of the principal Act is hereby amended by the substitution 
for subsection (3) of the following subsection:

         “(3)  For the purposes of subsections (1) and (2) and 
section 149A it shall be presumed, until the contrary is proved, 
that, where the owner of the vehicle concerned is a corporate 
body, such vehicle was driven or parked, as contemplated in 
those subsections, or used, as contemplated in that section, by a 
director or servant of the corporate body in the exercise of his 
powers or in the performance of his duties as such director or 
servant or in furthering or endeavouring to further the interests 
of the corporate body.”.

26.   Amends section 132 (5) of the Road Traffic Act, No. 29 of 
1989, as follows:—paragraph (a) substitutes the expressions 
“R24 000” and “six years” for the expressions “R8 000 “ and 
“two years” respectively in paragraph (a); and paragraph (b) 
substitutes the expressions “R4 000” and “one year” for the 
expressions “R2 000” and “six months” respectively in 
paragraph (b).

(Date of commencement of s. 26: 1 July, 1992.)

27.   Amends section 133 (1) of the Road Traffic Act, No. 29 of 
1989, by deleting paragraph (o) (date of commencement 1 July, 
1992).

28.   Inserts section 133A in the Road Traffic Act, No. 29 of 
1989 (date of commencement 1 July, 1992).

29.   Insertion of section 148A in Act 29 of 1989.—The 
following section is hereby inserted after section 148 of the 
principal Act:

“Seizure of vehicles

148A.   (1)  Subject to subsection (2) a traffic officer may seize 
a vehicle or a vehicle with its load which is used in or is on 
reasonable grounds believed to be used in the commission or 
suspected commission of an offence in terms of this Act.

         (2)  The manner and conditions in respect of the seizure, 
safekeeping and disposal of a vehicle or a vehicle with its load 
referred to in subsection (1) shall be as prescribed.”.

30.   Amends section 149 of the Road Traffic Act, No. 29 of 
1989, as follows:—paragraph (a) substitutes the expressions 
“R24 000” and “six years” for the expressions “R8 000” and 
“two years” respectively in subsection (2); paragraph (b) 
substitutes the expressions “R12 000” and “three years” for the 
expressions “R4 000” and “one year” respectively in subsection 
(3); paragraph (c) substitutes the expressions “R36 000” and 
“nine years” for the expressions “R12 000” and “three years” 
respectively in subsection (4) (a); paragraph (d) substitutes the 
expressions “R12 000” and “three years” for the expressions 
“R4 000” and “one year” respectively in subsection (4) (b); 
paragraph (e) substitutes the expressions “R4 000” and “one 
year” for the expressions “R2 000” and “six months” 
respectively in subsection (4) (c); paragraph (f) substitutes the 
expressions “R24 000” and “six years” for the expressions “R8 
000” and “two years” respectively in subsection (5) (a); 
paragraph (g) substitutes the expressions “R12 000” and “three 
years” for the expressions “R4 000” and “one year” respectively 
in subsection (5) (b); and paragraph (h) substitutes the 
expressions “R4 000” and “one year” for the expressions “R2 
000” and “six months” respectively in subsection (6).

(Date of commencement of s. 30: 1 July, 1992.)

31.   Insertion of section 149A in Act 29 of 1989.—The 
following section is hereby inserted after section 149 of the 
principal Act:

“Forfeiture

149A.   (1)  The court convicting any person of an offence in 
terms of section 149 (1) read with section 76, or a regulation 
under section 132 (1) (d), (n) or (q), may, without notice to any 
person, declare a vehicle or its load or both which was or were 
used in the commission of the offence and which was or were 
seized under the provisions of this Act, or the convicted 
person’s rights in such vehicle or load or both, to be forfeited to 
the State: Provided that such declaration shall not affect any 
right which any person other than the convicted person may 
have to the vehicle or load or both, if it is proved that that other 
person did not know that that vehicle or its load or both was or 
were being used or would be used in the commission of the 
offence concerned, or that he could not prevent such use.

         (2)  Section 35 (4) of the Criminal Procedure Act, 1977 
(Act No. 51 of 1977), shall mutatis mutandis apply with 
reference to any forfeiture under subsection (1), and in such 
application the expression ‘weapon, instrument, vehicle, 
container or other article’ in that section shall be construed as 
‘vehicle or its load or both’.”.

32.   Short title and commencement.—(1)  This Act shall be 
called the Road Traffic Second Amendment Act, 1992, and 
shall come into operation on a date fixed by the State President 
by proclamation in the Gazette.

(2)  Different dates may be so fixed in respect of different 
provisions of this Act, and dates so fixed may differ in respect 
of different—

(a)persons or goods or categories of persons or goods 
transported by means of a motor vehicle;

(b)kinds or classes of motor vehicles used in the transportation 
of persons or goods;

(c)persons or categories of persons; or

(d)area in the Republic.

 (3)  More than one of the elements referred to in paragraphs (a) 
to (d), inclusive, of subsection (2) may be combined for the 
purposes of that subsection.