Notice No. 1313 of 2000

Government Gazette

Vol. 426, No. 21827, 8 December 2000

GENERAL NOTICE

Notice 1313 of 2000

DEPARTMENT OF TRANSPORT

NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO. 93 OF 1996)

PROPOSED AMENDMENT OF NATIONAL ROAD TRAFFIC REGULATIONS

The Minister of Transport intends to make the regulations in the Schedule under section 75 of the National Road Traffic Act, 1996 (Act No. 93 of 1996).
Explanatory notes are published underneath each proposed regulation.
The regulations in the Schedule is herewith published for public comment until 14 January 2000.
Please submit comments before or on the abovementioned date to Mr Thabo Tsholetsane at tsholeta@ndot.pwv.gov.za, or at fax number (012) 309 3134, or at the following postal address:

Department of Transport
Private Bag X193
PRETORIA
0001

SCHEDULE

Definition

In this Schedule "the Regulations" means the National Road Traffic Regulations published in Government Notice No. R. 225 of 17 March 2000, as amended by Government Notice Nos. R. 761 of 31 July 2000 and R. 941 of 22 September 2000.

Amendment of regulation 1 of Regulations

Regulation 1 of the Regulations is amended-

by the substitution for item (ii) of paragraph (b) in the definition of "appropriate registering authority" of the following item:

if the manufacturer or importer of such motor vehicle has been appointed as an agent of a registering authority, such manufacturer or importer, until that manufacturer or importer records on the register of motor vehicles that the motor vehicle concerned is released for sale;";

by the insertion after the definition of "emergency brake" of the following definition:

"'emergency vehicle' means a fire-fighting vehicle, rescue vehicle, ambulance, a vehicle driven by a traffic officer in the execution of his or her duties, a vehicle driven by a member of the South African Police Service or a member of a municipal police service, both as defined in the South African Police Service Act, 1995 (Act No. 68 of 1995), in the execution of his or her duties, and a vehicle driven by a person engaged in civil protection as contemplated in section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977);";

by the insertion after the definition of "direction indicator" of the following definition:

"'drawing' means drawing a vehicle designed or adapted solely for the purpose of being drawn, by a motor vehicle that is designed or adapted solely for the purpose of drawing such motor vehicle;";

by the substitution for the definition of "registration certificate" of the following definition:

"`registration certificate' means a certificate issued to the title holder of a motor vehicle in terms of regulation 13(2)(a), or a certificate issued to a title holder or owner of a motor vehicle in terms of regulation 16;'; and

by the insertion after the definition of "the Act" of the following definition:

"`towing' means towing a vehicle that is not designed or adapted for the purpose of being drawn;".

Note: (a) The manufacturer or importer is the appropriate registering authority where it introduces its vehicles on the NA TIS only until the vehicle is registered on the NA TIS at a registering authority. (b) The definitions of "towing", "drawing"; and "emergency vehicle" is also inserted. The places where reference is made to "towing" in the regulations is without exception in the context of towing by a breakdown vehicle. Please see regulations 35(9), 168(5), 169(2), 176(4), 198(10), 221(g), 222(3), 303 and 330. (c) The definition of "registration certificate" is amended to the effect that a manual registration certificate issued in terms of the proposed regulation 13(2) (b) can not be considered a registration certificate for the purpose of the regulations. See the proposed amendment of regulation 13.

Amendment of regulation 5 of Regulations

Regulation 5 of the Regulations is amended by the substitution for paragraph (a) of subregulation (1) of the following paragraph:

"(a) propelled by electrical power derived from electrical cabling affixed to the vehicle and that not used on a public road;".

Note: Paragraph (a) as it currently reads was found to be too restrictive. It excluded vehicles that are propelled by electrical cabling that are not necessarily attached to overhead wires.

Amendment of regulation 8 of Regulations

Regulation 8 of the Regulations is amended by the substitution for the words preceding item (i) of paragraph (e) of subregulation (2) of the following words:

"in the case of a motor vehicle which is being registered for the first time, a duly completed form COO as shown in Schedule 2, or a certificate issued by the manufacturer, builder or importer on the official documentation of such manufacturer, builder or importer, containing-".

Note: Provision is made for the completion of a form as an alternative to issuing the certificate on official documentation.

Amendment of regulation 12 of Regulations

Regulation 12 of the Regulations is amended-

by the deletion of the word "and" at the end of paragraph (b);

by the substitution for the full stop at the end of paragraph (c) of the expression "; and"; and

by the addition of the following paragraph after paragraph (c):

"(d) a letter of authority as referred to in regulation 43(1)(b)..".

Note: A letter of authority must be submitted upon application for registration of a vehicle that was imported. See the proposed amendment of regulation 43.

Amendment of regulation 13 of Regulations

Regulation 13 of the Regulations is amended by the substitution for subregulation (2) of the following subregulation:

"(2) The registering authority shall, subject to the provisions of regulation 59(2), upon payment of the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order-

in the event that the register of motor vehicles can be updated immediately-

register the motor vehicle concerned;

record in the register of motor vehicles the particulars in relation to the-

motor vehicle concerned; and

title holder and owner of such motor vehicle; and

issue a registration certificate on form RC1 as shown in Schedule 2 to the title holler, who shall be responsible for its safe-keeping; or

in the event that the register of motor vehicles can not be immediately updated-

issue a manual registration certificate on form RC1-M as shown in Schedule 2 to confirm to the title holder that the documentation is in order and that a registration certificate will be issued to him or her as soon as the register of motor vehicles can be updated; and

act as prescribed in paragraph (a) free of charge as soon as the register of motor vehicles can be updated, and if the registering authority is satisfied that the application is in order.".

Note: Provision is made for the possibility to process applications for registration when the electronic NA TIS system is not in operation.

Amendment of regulation 15 of Regulations

Regulation 15 of the Regulations is amended by the substitution for subregulation (2) of the following subregulation:

"(2) The said manufacturer or importer shall, in respect of every motor vehicle manufactured or imported by him or her, record in the register of motor vehicles

any change of title holder or owner;

any change of the particulars in relation to the motor vehicle; and

if the motor vehicle was exported, stolen, or de-registered,

until that manufacturer or importer records on the register of motor vehicles that the motor vehicle concerned was released for sale, or until a registering authority records a change of title holder or owner on the register of motor vehicles in terms of regulation 13, or until such registering authority issues a registration certificate with respect to the vehicle concerned in terms of regulation 16, whichever event is the earlier.".

Note: Manufacturers and importers must record all particulars regarding vehicles introduced by them on the NA TIS to prevent the records pertaining to a vehicle from being incomplete. This will make it easier to trace a vehicle or allow a subsequent owner to have all information regarding a vehicle at his or her disposal.

Amendment of regulation 19 of Regulations

Regulation 19 of the Regulations is amended by the insertion of the following subregulation after subregulation (3):

"(3A) A previously stolen motor vehicle that was recovered by the South African Police Service, the original owner of which can not be traced, and which is owned by the South African Police Service for the purpose of selling it, is deemed to be licensed in terms of this Part if it is not operated on .a public road, except under a motor trade number.".

Note: The SAPS is currently treated as a motor dealer to exempt it from having to licence recovered stolen vehicles that is being sold by the SAPS. The legality of treating the SAPS as motor dealers is not clear. The proposed regulation amendment intends to make it clear that the SAPS should not have to licence such vehicles.

Substitution of regulation 21 of Regulations

The Regulations is amended by the substitution for regulation 21 of the following regulation:

"Special classification of motor vehicle in relation to motor vehicle licence fees

21. (1) The owner of a motor vehicle, other than a breakdown vehicle-

which is a trailer drawn by a tractor and not operated on a public road;

which is a tractor and not operated on a public road;

which was, in the opinion of the MEC, reconstructed solely for use within the confines of private property, and is so used;

which-

has been adapted, rebuilt or changed to be used solely for racing purposes as a stock-car, racing car or racing cycle;

has been certified by the secretary of the racing club of which the owner of the motor vehicle is a member, as being solely used for racing purposes;

has been registered for the purpose of racing; and

is not operated on a public road;

which, in the opinion of the MEC, is 40 years or older of age, and which is used solely -

in any race or sport referred to in regulation 317;

in an event organised by a properly constituted motor club; or

for exhibition purposes;

which is a fire-fighting vehicle; or

which may only be operated on a public road under an exemption in terms of the Act,

may apply to the MEC concerned for special classification of the vehicle concerned with respect to motor vehicle licence fees by, at his or her appropriate registering authority, making a declaration on form ELF1 to the effect that the vehicle is as contemplated in paragraphs (a), (b), (c), (d), (e), (f) or (g) accompanied by-

the acceptable identification of the owner; and

additional information or documents required by the MEC concerned, if any.

(2) (a) The MEC shall consider the application and notify the applicant and registering authority concerned accordingly.

(b) If the application is granted, the registering authority shall issue a certificate of special classification on form ELF3 to the owner and record the particulars of the special classification on the register of motor vehicles.

(3) The owner shall submit the certificate of special classification upon licensing of the vehicle concerned.

(4) For the purposes of this regulation, the words "operated on a public road" shall not be construed to include the presence of such motor vehicle on a public road for the purpose of-

being driven to the premises of the owner in order to take delivery thereof;

crossing a public road from the premises of the owner to another over a distance of not more than one kilometre; or

proceeding to or from a place where repairs are to be or have been effected to such motor vehicle.

(5) A motor vehicle which is not a tractor or a caravan and which is not designed for the conveyance of persons, excluding the driver, or of goods, or both, shall be recorded as "specially classified" on the register of motor vehicles and the motor vehicle licence fees payable in respect of such vehicle shall be adjusted accordingly.

(6) (a) The owner of a motor vehicle, other than a motor vehicle conveying persons or goods for reward, who-

receives a pension in terms of the Military Pensions Act, 1976 (Act No. 84 of 1976);

suffers from a pensionable disability which has been determined at not less than 50 per cent in terms of that Act; and

by reason of such disability requires the use of such motor vehicle to enable him or her to earn his or her livelihood,

may apply to the MEC on form ELF1 as shown in Schedule 2, to specially classify such motor vehicle, in relation to the payment of motor vehicle licence fees, and such application shall be accompanied by -

the acceptable identification of the owner; and

any additional information or documents as may be required by the MEC concerned.

(b) On receipt of the application referred to in paragraph (a), the MEC concerned shall-

consider such application;

notify the applicant concerned and the appropriate registering authority accordingly; and

if the application is granted,

issue a certificate of classification on form ELF 3 as shown in Schedule 2; and

record such classification on the register of motor vehicles.

(c) On receipt of the certificate of special classification referred to in paragraph (b)(iii)(aa), the owner shall submit such certificate to the appropriate registering authority when applying for the licensing of the motor vehicle in terms of regulation 24 or 30.

(d) This subregulation shall only apply for a period of 12 months from the date of commencement of this regulation, after which date any certificate issued under it, shall be invalid.

(7) (a) The MEC may at any time cancel a certificate of special classification issued in terms of this regulation and notify the owner and registering authority concerned accordingly.

(b) The registering authority shall update the register of motor vehicles upon receipt of a notification contemplated in paragraph (a).

(8) If a motor vehicle which has been specially classified under this regulation is operated on a public road contrary to the conditions of its classification, such motor vehicle shall no longer be so specially classified and the owner of such motor vehicle shall be liable for the licensing thereof with effect from the date upon which it is so operated.

(9) A special fee as determined by the MEC of the province concerned shall be payable upon issuance of a motor vehicle licence in respect to a motor vehicle that was specially classified under this regulation.".

Note: The regulation was published for comment in Notice No. 524 in Gazette No. 19903 of 9 April 1999.

Amendment of regulation 23 of Regulations

Regulation 23 of the Regulations is amended by the insertion in subregulation (1) after paragraph (f) of the following paragraph:

"(fA) of release by the South African Police Service of an impounded vehicle referred to in regulation 55A. if that vehicle is released after the date of expiry of the licence of that vehicle;".

Note: The date on which an impounded vehicle must be licenced is determined. See proposed regulation SSA.

Amendment of regulation 24 of Regulations

Regulation 24 of the Regulations is amended by the substitution in paragraph (e) of subregulation (2) for the expression "regulation 21(1) and (4)(b)" of the expression "regulation 21(1) and (6)".

Note: See the proposed amendment of regulation 21.

Insertion of regulation 28A in the Regulations

Regulation 28A is inserted after regulation 28 of the Regulations:

"Cancellation of personalised licence number

28A. (1) Whenever the holder of a personalised licence number has, in the opinion of the MEC concerned, contravened a condition referred to in regulation 28(3), such MEC may cancel such number.

(2) If a personalised licence number referred to in subregulation (1) has been cancelled, the holder of such number shall forthwith surrender the personalised licence number plates and the documentation required by the MEC concerned, to that MEC.

(3) If the holder of a personalised licence number no longer requires such number, such holder shall forthwith apply to the MEC concerned for the cancellation of such personalised licence number and such application shall be accompanied by the personalised licence number plates and the documentation required by the MEC concerned.

(4) On receipt of the application referred to in subregulation (3), the MEC-

shall cancel the personalised licence number;

may deface or destroy the documentation and personalised licence number plates; and

shall update the particulars pertaining to the personalised licence number in the register of motor vehicles.".

Note: This proposed regulation will allow the MEC to cancel a personalised licence number where the holder did not comply with the conditions for holding such number.

Amendment of regulation 35 of Regulations

Regulation 35 of the Regulations is amended-

by the deletion in paragraph (g) of subregulation (6) of the word "or" after the semi-colon;

by the substitution in paragraph (h) of subregulation (6) for the full-stop of the expression "; or"; and

by the addition of the following paragraph after paragraph (h):

"(i) on which a number plate is displayed that does not comply with standard specification SABS 1116: Retro-reflective Registration Plates for Motor Vehicles", Part 2: "Registration plates (metal)" and Part 4: "Registration plates (plastics).".

Note: No person shall operate a motor vehicle displaying a number plate that does not comply with the SABS standard specifications.

Amendment of regulation 37 of Regulations

Regulation 37(3) of the Regulations is amended by the substitution for the expression "R50" of the expression "R100".

Note: An amount less than a RI 00 shall not be refunded with respect to paid licence fees, to an owner whose vehicle was stolen, deregistered or became permanently unfit.

Amendment of regulation 41 of Regulations

Regulation 41 of the Regulations is amended-

by the deletion in paragraph (a) in item (i) after the semi-colon of the word "and";

by the insertion in paragraph (a) in item (ii) after the semi-colon of the word "and"; and

by the insertion in paragraph (a) after item (ii) of the following item:

"(iii) a certification of roadworthiness be obtained for every motor vehicle of such model as specified from time to time by the inspectorate of manufacturers, builders and importers in terms of regulation 44(1)(dA);"

Note: It happens in practice that the SABS .specifies that motor vehicles of a model manufactured etc by an already registered MIB, be certified roadworthy, regardless of whether such model was specified in terms of regulation 41(b)(d). This implies that all MIB's should be registered subject to the condition that if a model manufactured etc. by such MIB is specified by the SABS, that motor vehicles of that model must be taken for certification of roadworthiness.

Amendment of regulation 43 of Regulations

Regulation 43 of the Regulations is amended by the substitution for subregulation (1) of the following subregulation:

"(1) (a) Any manufacturer and any builder who modifies motor vehicles, who is not required to be registered in terms of these regulations, shall apply to the inspectorate of manufacturers, builders and importers on form ALA as shown in Schedule 2 for a letter of authority in respect of any motor vehicle design or any design of a motor vehicle modification, except in respect of a trailer with a gross vehicle mass not exceeding 750 kilograms.

(b) Any importer who is not required to be registered in terms of these regulations, shall apply to the inspectorate of manufacturers, builders and importers on form ALA as shown in Schedule 2 for a letter of authority in respect of every motor vehicle imported by him or her.".

Note: It was decided that all private imports should be taken to the SABS for evaluation.

Amendment of regulation 44 of Regulations

Regulation 44 of the Regulations is amended by the insertion in subregulation (1) after paragraph (d) of the following paragraphs:

"(dA) may specify in writing a model of motor vehicles manufactured, built or imported by a registered manufacturer, builder or importer, in respect to which a certification of roadworthiness must be obtained for every motor vehicle of that model, and shall submit a copy of such written specification to the chief executive officer;

(dB) if a motor vehicle design, a design of a motor vehicle modification or an imported motor vehicle, being manufactured, modified or imported by a manufacturer, builder or importer, who is not required to be registered in terms of these regulations, comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic, shall issue such design or imported vehicle with a letter of authority;".

Note: This amendment creates the powers and duties necessary for the Inspectorate to execute the functions provided for in the proposed amendments set out in proposed regulations 15 and 16

Amendment of regulation 54 of Regulations

Regulation 54 of the regulation is amended by the substitution for subregulation (5) of the following subregulation:

"(5) If a registering authority has in terms of subregulation (4)(d) acknowledged receipt of the notification reffered to in subregulation (1)(c), or the owner reported the theft to the South African Police Service, the owner of the vehicle concerned is exempt from liability for the licensing of such motor vehicle, with effect from the first day of the month following the month in which such acknowledgement was issued, or following the month in which the owner reported the theft, as the case may be: Provided that a period during which the owner of such vehicle was unable to notify the appropriate registering authority or the South African Police Service, due to circumstances beyond his or her control, shall be disregarded.".

Note: The owner shall not be liable for licensing a vehicle after he or she reported the theft of the vehicle to the police.

Insertion of regulation 55A in the Regulations

The following regulation is inserted in the Regulations after regulation 55:

"Procedure if motor vehicle is impounded by South African Police Service

55A. (1) If a motor vehicle is impounded by the South African Police Service, the owner of such motor vehicle shall-

notify the title holder forthwith of the impoundment;

within three months after the date on which such motor vehicle has been impounded, notify the appropriate registering authority thereof on form CNV or MVR1A as shown in Schedule 2; and

submit a receipt issued by the South African Police Service which indicates that the said motor vehicle was impounded and the period for which the vehicle is impounded.

(2) Upon receipt of the notification and receipt referred to in subregulation (1), the registering authority shall-

ensure that the notification is in order;

update the particulars pertaining to the motor vehicle in the register of motor vehicles; and

issue an acknowledgment of receipt of the notification on form ARN as shown in Schedule 2, to the owner.

(3) Notwithstanding any provision to the contrary contained in these regulations, if a registering authority has in terms of subregulation (2)(c) acknowledged receipt of the notice referred to in subregulation (1)(b), the owner of the motor vehicle concerned is exempt from liability for the licensing of such motor vehicle with effect from the first day of the month following the month in which such acknowledgment was issued, until the first day of the month following the month in which the vehicle was released by the South African Police Service: Provided that a period during which the owner of such motor vehicle was unable to notify the appropriate registering authority due to circumstances beyond his or her control, shall be disregarded.".

Note: If a vehicle has been impounded by the SAPS, the owner does not have to licence the vehicle for the period for which it is impounded.

Amendment of regulation 56 of Regulations

Regulation 56 of the Regulations is amended-

by the deletion in paragraph (d) of subregulation (3) of the expression "or (b),"; and

by the deletion in the Afrikaans text of subregulation (4) of the expression "by betaling van die toepaslike gelde soos bepaal deur die LUR wat gemoeid is met padverkeersake, met die instemming van die LUR wat gemoeid is met veiligheid en sekuriteitsake,".

Note: (a) The engine number of a vehicle does not have to be unique. (b) The English text is correct in not providing for any fee to be paid in the event of the issuance of a SAP VIN number. The Afrikaans text is corrected accordingly.

Amendment of regulation 65 of Regulations

Regulation 65 of the Regulations is amended by the substitution for subregulation (1) of the following subregulation:

"(1) If the owner of a motor vehicle, other than a manufacturer or a builder of a new motor vehicle, intends to export such motor vehicle, such owner shall notify the appropriate registering authority thereof on form MVR1A or CNV as shown in Schedule 2, as the case may be, and such notification shall be accompanied by a South African Police Service clearance in respect of such vehicle.".

Note: (a) The reference to the form is amended. (b) We require police service clearance with the notification of export.

Substitution of regulation 66 of Regulations

Regulation 66 of the Regulations is substituted for the following regulation:

"Manner in which mass measuring certificate to be obtained

66. (1) A mass measuring certificate shall be obtained by the applicant therefor at his or her own expense from a person in charge of a mass measuring apparatus approved by a registering authority.

(2) The tare of a motor vehicle referred to in subregulation (1), shall be determined in the presence of a person nominated by the registering authority referred to in subregulation (1).

(3) A mass measuring certificate issued under this regulation shall contain the following information:

The chassis number expressed in not more than 17 alpha-numerical characters;

the licence number of the motor vehicle, if applicable;

a general description of the motor vehicle;

the tare of the motor vehicle expressed in kilograms in not more than 5 figures;

the name and address of the body that operates the mass measuring equipment;

the name and identity number of the person referred to in subregulation (2);

the date on which the motor vehicle was weighed; and

the name of the registering authority that approved the mass measuring equipment as contemplated in subregulation (1).".

Note: The mass measuring certificate must contain certain information.

Substitution of regulation 91 of Regulations

The Regulations are amended by the substitution for regulation 91 of the following regulation:

"Manner of application for registration of driving licence testing centre and identification of management representative and examiners for driving licences

91. (1) An application for the registration of a driving licence testing centre in terms of section 8 of the Act shall be made on form DTC as shown in Schedule 2, and a management representative and the examiners for driving licences shall be identified on such form in respect of the driving licence testing centre concerned.

(2) An application referred to in subregulation (1) shall be accompanied by acceptable identification of the driving licence testing centre concerned, the management representative, and the examiners for driving licences identified under subregulation (1) ".

Note: Examiners for driving licences must be identified on form DTC. If the identity of the examiners change, the MEC and inspectorate must be notified.

Amendment of regulation 99 of Regulations

Regulation 99 of the Regulations is amended-

by the substitution in the Afrikaans text in paragraph (b) of subregulation (1) for the word "sleep-voertuig" of the word "trekvoertuig".

by the substitution in subregulation (1) for paragraph (c) of the following paragraph:

"(c) Code 3: Any motor vehicle or combination of motor vehicles other than a motor cycle, tricycle or quadrucycle.".

Note: (a) This amendment addresses the concern that "motor vehicle" is not interpreted to include a "combination of motor vehicles" in this regulation.
(b) The Afrikaans text is corrected to bring it in line with the English text.

Amendment of regulation 103 of Regulations

Regulation 103 of the Regulations is amended by the insertion of the following proviso after the words following paragraph (b) of subregulation (2):

"Provided that unless the applicant furnishes the driving licence testing centre with a declaration on form DCT, containing the reason or reasons for the applicant not being examined and tested on the day determined in terms of section 17(2) of the Act, the centre concerned shall not consider such reason or reasons for the purpose of this subregulation ".

Note: (a) The applicant for a learner's licence test must make a statement on form DCT setting out the reasons why he or she did not attend the examination and test, if he wants to take the test later without having to pay again.
(b) Form DCT must be amended.

Amendment of Afrikaans text of regulation 104 of Regulations

The Afrikaans text of regulation 104 of the Regulations is amended-

by the substitution in item (iii) of paragraph (a) of subregulation (2) for the word "stuurmiddels" of the word "kontroles"; and

by the substitution for subregulation (3) of the following subregulation:

"(3) The procedure to be followed by the examiner for driving licences in complying with subregulation (2) shall include the completion by the applicant of the approved test.".

Note: (a) The English text refers to "controls" : The word "stuurmiddels"is not considered a correct translation. (b) This amendment will support the requirement that the new learner's licence test must be used by driving licence testing centres. The definition of "approved" is approved by the Minister by notice in the Gazette. A notice must be published to indicate which test is approved.

Amendment of regulation 105 of Regulations

Regulation 105 of the Regulations is amended by the substitution in subregulation (1) for the words preceding paragraph (a) of the following words:

"A learner's licence shall be issued on form LL2 as shown in Schedule 2 within 2 working days after the examiner for driving licences notified the applicant that he or she shall be issued with a learner's licence, and the examiner for driving licences or a person authorised to do so shall, upon payment of the applicable fee as determined by the MEC of the province concerned---".

Note: A learner's licence must be issued within 2 working days after the examination and test to prevent that applicants collect the learner's licence several months after the actual test.

Amendment of regulation 106 of Regulations

Regulation 106 of the Regulations is amended-

by the insertion after subregulation (1) of the following subregulation:

"(1A) Upon receipt of an application contemplated in subregulation (1), the driving licence testing centre concerned shall affix one photograph of the applicant and one lamination strip to form DL1, to cover the photograph and personal particulars of the applicant.";

by the insertion of the following proviso in subregulation (2):

"Provided that unless the applicant furnishes the driving licence testing centre with a declaration on form DCT, containing the reason or reasons for the applicant not being examined and tested on the day determined in terms of section 18(2) of the Act, the centre concerned shall not consider such reasons for the purpose of this subregulation."; and

by the substitution for paragraph (b) of subregulation (3) of the following paragraphs:

"(b) Upon receipt of an application contemplated in paragraph (a), the driving licence testing centre concerned shall affix one photograph of the applicant and one lamination strip to form DL1, to cover the photograph and personal particulars of the applicant.

(c) An examiner for driving licences shall, if he or she is satisfied that the documents referred to in paragraph (a)(i) and (ii) are valid and relate to the category of driving licence for which the applicant applied, authorise the issue and issue a driving licence in terms of regulation 108, but the licence which was issued by the department of State shall not be cancelled and shall be handed back to the applicant.".

Note: (a) The applicant for a driving licence test must make a statement on form DCT setting out the reasons why he or she did not attend the examination and test, if he or she wants to take the test later without having to pay again.
(b) The Centre affixes a photo and lamination strip to form DLL

Amendment of regulation 108 of Regulations

Regulation 108 of the Regulations is amended-

by the substitution in subregulation (1) for the words preceding paragraph (a) of the following words:

"An examiner for driving licences shall within 2 working days after the examiner for driving licences notified the applicant that he or she shall be issued with a driving licence, and upon receipt of the fee for the issuance of a driving licence as determined by the MEC of the province concerned, if such fee has not already been paid for the simultaneous issue of a driving licence with a different code, and if he or she is satisfied that the applicant must be issued with a driving licence-`; and

by the substitution for paragraph (e) of subregulation (3) of the following paragraph:

"(e) ensure that the applicant acknowledges receipt of the driving licence card on form DL1 or form NCD, as shown in Schedule 2;".

Note: (a) A driving licence must be issued within 2 working days of the test and examination.
(b) The possibility is created to acknowledge receipt of a driving licence card on the form DLI or NCD.

Amendment of regulation 110 of Regulations

Regulation 110 of the Regulations is amended by the substitution for paragraph (b) of subregulation (7) of the following paragraph:

"(b) The driving licence testing centre concerned shall authorise the issue and issue the licence referred to in paragraph (a) in the manner referred to in regulation 108 if-

it is satisfied that the applicant is the holder of the licence or permit, as the case may be, referred to in subregulation (1) and (2);

it is satisfied that the licence or permit is still valid in the country or territory of issue; and

in the case of an application for the exchange of a driving licence referred to in subregulation (4), if the provincial administration concerned confirms in writing that the applicant is the holder of a valid licence.".

Note: The provincial administration must confirm the validity of a licence issued in the former TBVC states and self-governing territories.

Amendment of regulation 111 of Regulations

Regulation 111 of the Regulations is amended by the substitution for subregulation (4) of the following subregulation:

"(4) In the case where the particulars of the existing driving licence, which is contained in an identity document, is not recorded in the register of driving licences, the examiner for driving licences or the person authorised thereto shall obtain written confirmation from the Department of Transport that the driving licence was issued and that the particulars of the driving licence is correct.".

Note: The Department of Transport became responsible for the records on driving licences previously held by the Department of Home Affairs. The first mentioned Department must confirm that the driving licence was issued and that the particulars of the licence is correct.

Amendment of regulation 115 of Regulations

Regulation 115 of the Regulations is amended by the substitution in paragraph (c) of subregulation (2) for the expression "regulation 21(1)(a)(ii) or 21(1)(b) to (g)" of the expression "regulation 21(1)".

Note: See the proposed amendment of regulation 21.

Amendment of regulation 118 of Regulations

Regulation 118 of the Regulations is amended by the insertion in subregulation (3) after paragraph (a) of the following paragraph:

"(aA) ensure that the applicant is not disqualified as contemplated in section 15 of the Act read with regulation 102;".

Note: The testing centre must ensure that the eyesight of the applicant for a professional driving permit complies with the prescribed standard.

Amendment of regulation 138 of Regulations

Regulation 138 of the Regulations is amended-

by the substitution in paragraph (c) of subregulation (2) for the expression "regulation 21(1)(a)(ii) or 21(1)(b) to 21(1)(h)" of the expression "regulation 21(1)"; and

by the substitution in the Afrikaans text in paragraph (d) of subregulation (2) for the word "gesleep" of the word getrek".

Amendment of regulation 151 of Regulations

Regulation 151 of the Regulations is amended by the substitution in the Afrikaans text in subregulation (4) for the word "gesleep" of the word "getrek".

Note: The Afrikaans text is brought in line with the English text.

Amendment of regulation 154 of Regulations

Regulation 154 of the Regulations is amended by the substitution in the Afrikaans text in subregulation (2) for the word "gesleep" of the word "getrek".

Amendment of regulation 155 of Regulations

Note: The Afrikaans text is brought in line with the English text.

Regulation 155 of the Regulations is amended by the substitution in the Afrikaans text in subregulation (3) for the word "gesleepte" of the word "getrekte".

Note: The Afrikaans text is brought in line with the English text.

Amendment of regulation 176 of Regulations

Regulation 176 of the Regulations is amended by the insertion after subregulation (6) of the following subregulation:

"(7) A vehicle-

owned by a body or person registered as a security officer in terms of the Security Officers Act, 1987 (Act No. 92 of 1987); and

driven by a security officer as defined in section 1 of the said Act in the course of rendering a security service, also defined in section 1 of the said Act,

may be fitted with a white lense bar containing a lamp or lamps emitting an intermittently- flashing diffused white light in any direction, and containing a notice illuminated by a white light containing the word "security" and the name of the owner of the vehicle in black letters: Provided that the said lamp or lamps shall not be capable of emitting a rotating strobe light:".

Note: A security officer may drive in a vehicle displaying a white light that would identify the security officer as such.

Amendment of regulation 188 of Regulations item:

Regulation 188 of the Regulations is amended by the insertion in the proviso after item (i) of the following

"(iA) yellow retro-reflectors need not be fitted to motor vehicles fitted with retro-reflective material on the sides as prescribed in regulation 192A;".

Note: Yellow retro-reflectors need not befitted to the sides of vehicles fitted with the retro-reflective material as prescribed in regulation 192A. The said material makes retro-reflectors on the sides of vehicles superfluous.

Amendment of regulation 191 of Regulations

Regulation 191 of the Regulations is amended by the insertion of the following proviso in paragraph (b) of subregulation (3):

"Provided that a trailer the gross vehicle mass of which does not exceed 3 500kg may, in lieu of the said seven retro-reflectors, be fitted with at least one triangular retro-reflector at each side no further than 400 millimetre from the outer edge of the widest part of such trailer, that comply with the requirements of standard specification SABS ECE R3 "The uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers":".

Note: The two triangular retro-reflectors may be used in lieu of the 7 retro-reflectors, where a custom made chevron can not be fitted to the vehicle.

Substitution of regulation 207 of Regulations

The Regulations is amended by the substitution for regulation 207 of the following regulation:

"Compulsory wearing of protective helmet

207. (1) No person shall drive or be a passenger on a motor cycle, motor tricycle or a motor quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless he or she is wearing a protective helmet

which is specially designed for use in connection with such cycle; and

which fits him or her properly and of which the chin strap is properly fastened under the chin.

(2) Within three years from the date of commencement of this regulation, no person shall drive or be a passenger on a pedal cycle on a public road unless he or she is wearing a protective helmet which fits him or her properly and of which the chin straps is properly fastened under the chin.

(3) The driver of a motor cycle, motor tricycle, motor quadrucycle or pedal cycle shall ensure that any passenger in or on such cycle who is younger than 14 years, complies with the provisions of subregulation (1) or (2), as the case may be.

(4) Notwithstanding the provisions of subregulations (1) and (3), the driver and passengers of a motor cycle-

equipped with a seatbelt that complies with the requirements of standard specification SABS 1430 "Motor vehicle safety - anchorages for restraining devices in motor vehicles", for the driver and passengers (if any);

the engine of which can not operate unless the driver and passengers (if any), of the motor cycle wears the seatbelt referred to in paragraph (a); and

that complies with the requirements of standard specification SABS 1440 "Motor vehicle safety - The steering mechanism of motor vehicles (M, only) - behaviour on impact",

may drive or be passengers on such motor cycle on a public road while not wearing a protective helmet.".

Note: Drivers of pedal cycles and their passengers must also wear protective helmets. A motor cycle equipped with certain seatbelts may be operated without wearing a protective helmet.

Amendment of regulation 212 of Regulations

Regulation 212 of the Regulations is amended-

by the substitution in paragraph (j) for the figure 125 of the figure 50; and

by the substitution in the Afrikaans text in the proviso in paragraph (j) for the word "gesleep" of the word "getrek".

Note: (a) If paragraph (l) is compared with paragraph (k), it becomes clear that there is no provision made for tyres of motor cycles with a cylinder capacity of between 50 and 125 cm³. The amendment closes this gap.
(b) The Afrikaans text is brought into line with the English text.

Amendment of regulation 221 of Regulations

Regulation 221 of the Regulations is amended by the insertion after the final paragraph of the following proviso:

"Provided that equipment fitted to the front of a vehicle to protect its bodywork and lighting equipment and that increases the overall length of that vehicle by not more than 300 millimeter, shall not be taken into account for the purpose of calculation of the overall length of a vehicle: Provided further that the said protection equipment does not include the bumper fitted by the manufacturer of the motor vehicle concerned.".

Note: A bull bar that projects no more than 300 mm from the front end of the vehicle will not be taken into account when measuring the overall length of the vehicle for the purpose of the regulation.

Amendment of regulation 222 of Regulations

Regulation 222 of the Regulations is amended by the insertion after subregulation (4) of the following subregulation:

"(5) Notwithstanding anything contained in this regulation, no person shall use a breakdown vehicle or motor vehicle, that must display the information referred to in regulation 245(1)(b)(v), to tow or draw another vehicle on a public road, unless such information is displayed in terms of regulation 245 on such breakdown vehicle or motor vehicle.".

Note: This amendment will allow traffic enforcement officials to charge a person for driving a breakdown vehicle or vehicle that is drawing another vehicle, for not fitting an information plate with the correct information on it. This only applies to the vehicles mentioned in regulation 245. Please see the amendment of regulation 245.

Amendment of regulation 240 of Regulations

Regulation 240 of the Regulations is amended by the insertion in item (i) of paragraph (e) of a comma after the word "trailer".

Note: The regulation currently seems to imply that the axle massload of all vehicles except a trailer designed to compact refuse, must not exceed 20 400 kg. The comma will correct this.

Amendment of regulation 242 of Regulations

Regulation 242 of the Regulations is amended by the substitution for paragraph (b) and (c) of the following paragraphs:

"(b) in the case of a combination of motor vehicles consisting of at least a truck-tractor and one semi-trailer, the axle massload of any steering axle or the sum of the axle massloads of any steering axle unit is less than 11 percent of the sum of all axle massloads of the truck-tractor and the first semi-trailer that is coupled to the truck-tractor, of the said combination of motor vehicles;

(c) in the case of a motor vehicle, not being a combination of motor vehicles as referred to in paragraph (b), with a steering axle unit, the sum of the axle massloads of such steering axle unit is less than 30 percent of the sum of all axle massloads of such vehicle; or".

Note: The regulation requires that the axle massload of a steering axle or sum of the axle massloads of a steering axle unit of a certain vehicle must not be less than 11 % of the sum of all axle massloads of that vehicle. The intention with this amendment is to clarify which vehicle is meant in this regulation to enable the proper calculation of the 11 %.

Amendment of regulation 245 of Regulations

Regulation 245 of the Regulations is amended-

by the substitution for item (v) of paragraph (b) of subregulation (1) for the following item:

"(v) the gross combination mass in kilograms (denoted as GCM/BKM)-

in the case of a vehicle that is used to draw any other vehicle; and

in the case of a breakdown vehicle registered for the first time from the date of commencement of this item;"; and

by the insertion after paragraph (a) in subregulation (2) of the following paragraph:

"(aA) within six months from the date of commencement of this paragraph, the tare in kilograms (denoted as T);"

Note: (a) The information plate fitted to a breakdown vehicle registered for the first time from the date of commencement of the item must reflect the gross combination mass of the vehicle.
(b) The tare must be reflected on the plate fatted to a tractor.

Insertion of regulation 245A in Regulations

The Regulations are amended by the insertion of the following regulation:

"Certain vehicles to display notice of load

245A. (1) No person shall operate on a public road-

a bus;

a mini-bus-

the gross vehicle mass of which exceeds 3 500 kilograms; or

which is designed or adapted for the conveyance of 12 or more persons, including the driver; or

a motor vehicle used for the conveyance of persons for reward, unless there is conspicuously displayed inside such vehicle in figures of at least 75 millimeters high, a notice stating the load that may be carried on such vehicle in the terms set out in subregulation (2).

(2) The notice must-

in the case of a bus or minibus referred to in subregulation (1) that is permitted to convey persons and goods, be worded as follows:

"CERTIFIED TO CARRY................... PASSENGERS SEATED AND.............................. PASSENGERS STANDING AND....................... kg GOODS"; or

in the case of a bus or minibus referred to in subregulation (1) that is permitted to convey persons only, be worded as follows:

"CERTIFIED TO............... CARRY PASSENGERS SEATED AND.................... PASSENGERS STANDING".

(3) The number of passengers and the mass in kilograms of the goods indicated on the notice shall not exceed the maximum number of passengers and the maximum mass of the goods that may lawfully be carried on the vehicle in terms of Part IV and regulation 263 ".

Note: A minibus and bus must display a notice displaying the maximum number of passengers and maximum mass of goods that may be carried on the vehicle.

Substitution of regulation 251 of Regulations

The Regulations are amended by the substitution for regulation 251 of the following regulation:

"Sides and roof

251. (1) No persons shall operate on a public road a minibus or bus unless-

the sides of the passenger compartment are enclosed to the height of at least 600 millimetres from the floor with material which is durable and weatherproof; and

such minibus or bus is provided with a weatherproof roof.

(2) No person shall operate a bus registered for the first time from the date of commencement of this regulation on a public road, unless the height, along the longitudinal centre-line, between the floor and the lowest part of the roof structure of such a bus, or between the floor and the ceiling of the lower deck of a double deck bus, as the case may be, is-

in the case of a bus conveying standing persons, at least 1,75 metres in the areas where persons may stand in terms of regulation 263; and

in the case of a bus not conveying standing persons, at least 1,5 metres.".

Note: The roof height of buses are prescribed, (new subregulation (2)).

Insertion of regulation 264A of the Regulations

The Regulations is amended by the insertion after regulation 264 of the following regulation:

"Destination indicators

264A. (1) A bus conveying persons for reward on a fixed route, other than a school bus, may be fitted in the front with a destination indicator on which the destination of, or route to be followed by, such bus shall be clearly indicated.

(2) The destination indicator shall be of an electronic type, or of a manual roller type, which can be scrolled up or down to indicate either the secondary or main destination.

(3) An amber lamp shall illuminate the destination indicator during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres:'.

Note: A regulation is added that allows for the fitment of destination indicators to buses operating on a fixed route.

Amendment of regulation 265 of Regulations

Regulation 265 of the Regulations is amended-

by the substitution in the Afrikaans text in paragraph (d) of subregulation (2) for the word "gesleep" of the word "getrek"; and

by the substitution in paragraph (e) of subregulation (2) for the expression "regulation 21(1)(a)(ii) or 21(1)(b) to (h)" of the expression "regulation 21(1)".

Note: (a) The Afrikaans text is brought in line with the English text.
(b) Seethe proposed amendment of regulation 21.

Amendment of regulation 297 of Regulations

Regulation 297 of the Regulations is amended by the substitution for subregulation (2) of the following subregulation:

"(2) No person shall drive a vehicle on, over, across or within any dividing space, barrier or section referred to in subregulation (1), except through a constructed intersection: Provided that no person shall so drive through such constructed intersection where such driving is prohibited by an appropriate road traffic sign or by a traffic officer: Provided further that the provisions of this subregulation shall not apply to a traffic officer in the performance of his or her duties.".

Note: You may not make a u-turn on a freeway.

Amendment of regulation 331 of Regulations

Regulation 331 of the Regulations is amended-

by the substitution in paragraph (a) of subregulation (3) for the words preceding item (i) of the following words:

"(a) keep record, arranged monthly in alphabetical order according to the surnames of the applicants concerned-"; and

by the substitution in paragraph (a) of subregulation (3) for item (i) of the following item:

"(i) all applications in terms of regulation 103, 106 and 118 made to such testing centre, containing the applicant's name, identification number, applicable receipt number and code of licence applied for;".

Note: (a) Records must be arranged alphabetically.
(b) The records about applications made to a driving licence testing centre must contain the applicant's name, ID number, receipt number and the code of licence applied for.

Amendment of regulation 335 of Regulations

Regulation 335 of the Regulations is amended-

by the substitution for paragraph (b) of subregulation (1) of the following paragraph:

"(b) in the case of a natural person not permanently resident in the Republic-

a temporary identity certificate, an unexpired passport or a temporary permit or other document of identity of a class recognised by the Minister of Home Affairs in terms of the legislation regulating the admission of persons to the Republic; and

two photographs of the applicant that comply with regulation 103(1)."; and

by the substitution for subregulation (2) of the following subregulation:

"(2) The registering authority referred to in subregulation (1) shall-

in the case of a body of persons and if satisfied that the application is in order, allocate a traffic register number to the applicant and issue a traffic register number certificate on form RNC as shown in Schedule 2; or

in the case of a natural person and if satisfied that the application is in order-

complete the traffic register number certificate on form RNC as shown in Schedule 2;

ensure that the applicant signs the certificate;

affix one photograph to the certificate and one photograph to the carbon copy, or to the application form if form RNC was printed by the register of traffic register numbers;

affix one lamination strip to the certificate and another to the carbon copy, or to the application form, if applicable, to cover the photograph and personal particulars of the holder;

issue the certificate; and

retain the application form and, if not printed by the register of traffic register numbers, the carbon copy of the certificate for record purposes.".

Note: (a) This amendment will cause a traffic register number certificate to contain the photo and signature of the natural person to enable a driving licence testing centre to correctly identify the applicant for the conversion of a foreign driving licence.
(b) The amendment of subregulation (2) is largely based on regulation 105.

Insertion of regulation 337A in Regulations

The Regulations are amended by the insertion after regulation 337 of the following regulation:

"Duplicate of document or token

337A. (1) If-

a registering authority is satisfied that a certificate, licence or other document or token issued in terms of the Act by means of a computer under the control of the Minister; or

a registering authority or other authority is satisfied that a certificate, licence or other document or token, other than a document or token contemplated in paragraph (a), issued by it in terms of the Act,

has been lost, destroyed or defaced or that the figures or particulars thereon have become illegible, such authority shall, upon receipt of an application and upon payment of the fees determined by the MEC of the province concerned, issue a duplicate of such certificate, licence or other document or token to the person who, in the opinion of such authority, is entitled thereto, with either the word "DUPLICATE" written thereon or the issue number printed thereon: Provided that a duplicate of-

a licence disc shall not be issued, and where such disc has been lost, destroyed or defaced or the figures or particulars thereon have become illegible, the person to whom such licence disc was issued, shall-

in the case of a motor vehicle licence, apply for the issue of such a licence; or

in the case of a motor trade number, apply for the cancellation of the motor trade number concerned and the issue of a new motor trade number;

a learner's licence which was issued in accordance with section 17(3) shall only be issued to the person to whom the original licence was issued.

(2) If, after the issue of a duplicate in terms of subregulation (1), the original certificate, licence or other document or token is found, the person to whom the duplicate was issued shall take all reasonable steps to obtain possession thereof and return it forthwith to the authority which issued the duplicate.".

Note: Provision is made for the issuance of a duplicate document.

Amendment of regulation 341 of Regulations

Regulation 341 of the Regulations is amended by the substitution for the words preceding the proviso of the following words:

"Manufacturers of number plates is deemed to be registered in terms of section 5 of the Act until 1 August 2001:".

Note: Manufacturers of number plates have a longer period within which they can apply for registration as such.

Substitution of regulation 342 of Regulations

The Regulations is amended by the substitution for regulation 342 of the following regulation:

"Transitional provisions: Professional driving permits

342. The holder of a valid category "G" or "P" professional driving permit who drives a motor vehicle carrying dangerous goods, the gross vehicle mass of which exceeds 3 500 kilograms, or a vehicle to which standard specification SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" or standard specification SABS 1518: "Transportation of dangerous goods - design requirements for road tankers" applies, shall from the date of commencement of regulation 115(1)(f), subject to the said permit being cancelled or suspended-

be deemed to hold a category "D" professional driving permit for the period for which his or her professional driving permit is valid; and

notwithstanding the provisions of regulation 117, the holder of a valid category "G" or "P" professional driving permit shall not be disqualified from obtaining a category "D" professional driving permit by reason only of the fact that he or she is younger than 25 years of age.".

Note: The age limit for applicants for a category "D" professional driving permit is 25 years. With the coming into force of the requirement that drivers of dangerous goods vehicles must hold a category "D" professional driving permit, there maybe drivers of dangerous goods vehicles that are under the age of 25years. This is a transitional provision to allow these drivers to apply for such a professional driving permit upon the expiration of their current permit, even though they are under the age of 25 years.

Insertion of regulation 343C In Regulations

The Regulations is amended by the insertion of the following regulation after regulation 3438:

'Transitional provisions: Category "D" operator card

343C. (1) A valid category "G" operator card displayed on a motor vehicle to which regulations 273 to 283 applies as contemplated in regulation 274, shall from the date of commencement of regulations 273 to 283 be deemed to be a valid category "D" operator card for the period of its validity.

(2) Notwithstanding the date of commencement of regulations 273 to 283, a motor vehicle that did not have to display an operator card before the commencement of the said regulations, shall, after the said date of commencement, display a category "D" operator card within the month after the month during which the licence disc of the vehicle concerned lapsed.".

Note: Provision is made for a transitional provision in the event that the regulations pertaining to the transportation of dangerous goods comes into force. Motor vehicles displaying category "G" operator cards that are carrying dangerous goods, may display such an operator card validly until the vehicle is licenced. Motor vehicles to which the regulations pertaining to the transportation of dangerous goods apply that did not have to display an operator card, only has to display a category "D" operator card within a month after the month during which the licence disc of the vehicle became null and void.

Amendment of Schedule 1 of Regulations

Schedule 1 of the Regulations is amended-

by the substitution in the Afrikaans text of item (ff) of item (i) of Class I for the words in the first column opposite sign (R)505 of the following words:

"Maksimum stop gedurende twee tydperke of dae tydsbeperking-teken:

KLEURE:

Soos vir die toepaslike reelingsteken.

Dui vir die bestuurder van 'n voertuig aan, wanneer die teken onder 'n reelingsteken vertoon word, dat die reservering aangedui deur sodanige reelingsteken slegs van toepassing is vir'n maksimum tydperk soos aangedui in ure of minute, en dat die betekenis van die primdre teken slegs van toepassing is gedurende die tydperk op 'n weeksdag en 'n ander tydperk op 'n Saterdag, soos aangedui."; and

by the substitution in the Afrikaans text of item (ff) of item (i) of Class I for the words in the first column opposite sign (R)506 of the following words:

"Maksimum stilstand gedurende een tydperk tydsbeperking-teken:

KLEURE:

Soos vir die toepaslike reelingsteken.

Dui vir die bestuurder van'n voertuig aan, wanneer die teken onder 'n reelingsteken vertoon word, dat die reservering aangedui deur sodanige reelingsteken slegs van toepassing is vir `n maksimum tydperk soos aangedui in ure of minute, en dat die betekenis van die primOre teken slegs van toepassing is gedurende die tydperk aangedui.".

Note: The Afrikaans text is incorrect in that the wording opposite sign (R)505 should be opposite sign (R)506, and the other way round. This amendment corrects this mistake.

Substitution of certain expressions In Regulations

The Regulations is amended

by the substitution for the expression "mini-bus" wherever it occurs, of the expression "minibus"; and

by the substitution for the expression "midi-bus" wherever it occurs, of the expression "midibus".

Note: This amendment attempts to establish uniformity in the regulations.