1. In these regulations, an expression that has been defined in the Act has that meaning and, unless the context indicates otherwise--

"acceptable identification" means--

1. a temporary identity certificate, an identity document or identity card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);
2. in the case of a person not permanently resident in the Republic, an identity document issued by a foreign country or a traffic register number certificate;
3. in the case of--
   1. a company, a certificate of incorporation or name change issued in terms of the Companies Act, 1973 (Act No. 61 of 1973); or
   2. a close corporation, a founding statement or a certificate of name change issued in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);
4. in the case of--
   1. a person carrying on a business which, for the purposes of this definition, includes farming activities; or
   2. a body of persons not referred to in paragraph (c),

      a traffic register number certificate issued in terms of regulation 335;

5. a driving licence card issued in terms of regulation 108; or
6. except for the purposes of regulations 103 to 112, a certified copy of the applicable certificate or document referred to in paragraph (a), (b), (c), (d) or (e);

"adaptor dolly" means a semi-trailer with one or more axles, designed or adapted--

1. to be attached between a truck-tractor and semi-trailer; and
2. not to carry any load other than that imposed by a semi-trailer;

"air suspension" in relation to an axle unit of a motor vehicle means a method of providing an upward force on an axle in an axle unit which transmits a downward force to the remaining axle or axles in the axle unit, by pneumatic means;

"appropriate registering authority" means--

1. subject to the provisions of subparagraphs (b), (c) and (d), in relation to any matter referred to in these regulations--
   1. in relation to a person, the registering authority in whose area of jurisdiction such person permanently resides;
   2. in relation to a person carrying on a business, which for the purposes of these regulations includes farming activities, the registering authority in whose area of jurisdiction such business is situated: Provided that every branch of such business shall be deemed to be a separate business;
   3. in relation to a body of persons which has a fixed address, the registering authority in whose area of jurisdiction such address is: Provided that every branch of such body shall be deemed to be a separate body of persons; or
   4. in relation to a body of persons which does not have a fixed address, the registering authority in whose area of jurisdiction the proxy or representative of such body permanently resides: Provided that every branch of such body shall be deemed to be a separate body of persons;
2. in relation to the registration of a motor vehicle--
   1. subject to the provisions of subparagraphs (ii), (iii), (iv) and (v), the appropriate registering authority of the title holder;
   2. if the manufacturer or importer of such motor vehicle has been appointed as an agent of a registering authority, such manufacturer or importer, until a registration certificate has been issued in respect of such motor vehicle;
   3. of which the title holder is a department of State which has been appointed as a registering authority, such department of State;
   4. of which the title holder is a foreign government, diplomat representing a foreign country, international or intergovernmental organization or any person or class of persons determined by the Minister of Foreign Affairs, the Department of Foreign Affairs; or
   5. of which the title holder does not permanently reside in the Republic, the appropriate registering authority of the owner;
3. in relation to the licensing of a motor vehicle--
   1. subject to the provisions of subparagraphs (ii) and (iii), the appropriate registering authority of the owner;
   2. of which the owner is a department of State which has been appointed as a registering authority, such department of State; or
   3. of which the owner is a foreign government, diplomat representing a foreign country, international or intergovernmental organization or any person or class of persons as determined by the Minister of Foreign Affairs, the Department of Foreign Affairs;
4. in relation to any other matter and in any circumstances not provided for in the foregoing, the registering authority nominated by the MEC concerned;

"approval mark" means--

1. the approval mark of the Economic Commission for Europe denoted by the mark 'E';
2. the approval mark of the European Economic Committee denoted by the mark 'e'; or
3. any other approval mark referred to in a specification, code of practice or any directive having standardization as its aim, and issued by a national institution or organization outside the Republic for a purpose similar to that for which a certification mark has been established;

"approved" means approved by the chief executive officer by notice in the Gazette;

"axle" in relation to a vehicle, means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centre-lines of such wheels would be in one vertical plane at right angles to the longitudinal centre-line of such vehicle;

"axle-massload" the sum of the wheel massload of all wheels on an axle;

"axle unit", in relation to a vehicle, means--

1. a set of two or more parallel axles of such vehicle which are so interconnected as to form a unit; or
2. for the purpose of the definition of "wheelbase" and Parts III and IV of Chapter VI, in the case of a trailer, two or more axles, whether interconnected or not, where the distance between adjacent axles is less than one comma two metres;

"body of persons", in relation to the title holder or owner of a motor vehicle means, a body of persons whether a body corporate or not, and includes--

1. two or more persons who are joint title holders or owners of such motor vehicle, excluding joint title holders or owners who are husband and wife married in community of property; and
2. a department of State;

"bus-train" means a bus which--

1. consists of two sections connected to form a unit;
2. can swivel in a horizontal plane at the connection between such sections;
3. is designed or adapted solely or principally for the conveyance of the driver and at least l00 other persons; and
4. has a continuous passageway over the length thereof;

"centre-line of an axle unit", or any like expression, means a line midway between the centre-lines of the extreme axles of an axle unit;

"certification mark" means a certification mark as defined in section 1 of the Standards Act, 1993 (Act No. 29 of 1993);

"certification of roadworthiness" means certification of roadworthiness issued in terms of regulation 141(2);

"converter dolly" means a trailer which has one or more axles and, when used in combination with a semi-trailer, converts the semi-trailer into a trailer;

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

"daytime running lamp" means a lamp facing forward which is used to make the vehicle more easily visible in the period between sunrise and sunset;

"direction indicator" means a device fitted to a motor vehicle for the purpose of enabling the driver of such motor vehicle to intimate his or her intention to change the direction of travel of such motor vehicle to the right or to the left;

"driving licence card" means a driving licence card issued in terms of regulation 108(3);

"emergency brake" means a brake, other than a service brake, which can stop a vehicle;

"front end", in relation to--

1. a vehicle, other than a semi-trailer, means that part of the vehicle which projects furthest forward; or
2. a semi-trailer, means a line running parallel with the centre-line of the king-pin and connecting the sides of the semi-trailer at the widest and furthest point in front of the king-pin;

"front overhang", in relation to a vehicle means that portion of the vehicle, excluding any drawbar or coupling, which projects in front of the centre-line of the front axle or the foremost axle of the front axle unit or, if such vehicle has only one axle, which projects in front of the centre-line of that axle, or in the case of a semi-trailer, which projects in front of the centre-line of the kingpin: Provided that any portion of a semi-trailer which projects in front of its front end or anything attached to a semi-trailer in front of its front end and which is within an area formed by drawing, with the king-pin as centre, an arc connecting the extreme points of the front end of the semi-trailer, shall not be deemed to be part of the front overhang of such semi-trailer;

"goods vehicle" means a motor vehicle other than a motor cycle, motor tricycle, motor quadrucycle, motor car, mini-bus or bus, designed or adapted for the conveyance of goods on a public road and includes a truck-tractor, adaptor dolly, converter dolly and breakdown vehicle;

"gross axle massload", in relation to a motor vehicle, means the maximum massload of a particular axle of such vehicle as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

"gross axle unit massload", in relation to a motor vehicle, means a maximum massload of a particular axle unit of such vehicle as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

"interconnected" means, for the purpose of the definition of "axle unit", the design is such that an upward force on one axle in an axle unit transmits a downward force to the remaining axle or axles in the axle unit;

"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;

"licence disc" means a disc issued in terms of regulation 25;

"licence number" means a number as referred to in regulation 27(3);

"longitudinal centre-line" in relation to a vehicle, means a line midway between the centre-lines of the extreme outer wheels fitted to the axles of such vehicle;

"mini-bus" means a motor vehicle designed or adapted solely or principally for the conveyance of more than nine, but not more than 16 persons, including the driver;

"modify" means--

1. fitting a bus body or goods body to any chassis;
2. altering the number of passenger seats on a bus or altering the dimensions of a bus;
3. altering the wheelbase of a vehicle, unless the vehicle is designed to enable the wheelbase to be altered;
4. altering the axle or axle-unit position or number of axles;

"motor car" means a motor vehicle, other than a motor cycle, motor tricycle or motor quadrucycle designed or adapted solely or principally for the conveyance of not more than nine persons, including the driver;

"motor quadrucycle" means a motor vehicle, other than a tractor, with four wheels or more, which is designed to be driven by the type of controls usually fitted to a motor cycle;

"motor trade number" means a motor trade number contemplated in regulation 69;

"motor trade number licence disc" means the disc issued in terms of regulation 76;

"motor trade number registration certificate" means the certificate referred to in regulation 72;

"motor transport contractor" means a person who carries on a business of delivering motor vehicles of which he or she is not the owner;

"motor vehicle licence" means a licence referred to in regulation 25;

"occupational health practitioner" means an occupational health practitioner as defined in the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), who has successfully completed a health assessment course and was duly accredited to perform the functions of an occupational health practitioner;

"overall length", in relation to a vehicle, means the distance between the front end and the rear end of the vehicle and, in relation to a combination of vehicles, the distance between the front end of the leading vehicle and the rear end of the rearmost vehicle;

"overall height" in relation to a vehicle, means the distance measured from ground level to the highest part of--

1. any part of such vehicle; or
2. any load thereon,

whichever part is the highest but, in the case of a vehicle driven by electrical power, the overall height should not include any overhead electrical contacting gear or catwalk protruding above such vehicle;

"overall width" in relation to a vehicle, means the width measured between two planes parallel to the longitudinal centre-line of the vehicle and passing through the extreme projecting points on either side of such vehicle, excluding any side mirror or direction indicator;

"overrun brake", in relation to a trailer means a braking system actuated by a device fitted to the drawbar of the trailer when a force is exerted on such device by reason of the inertia of the trailer;

"parking brake" means a brake, normally a hand brake, used in the ordinary course of events to keep a vehicle stationary;

"pedestrian crossing" means--

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

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

"personalised licence number" means a licence number which shall be issued upon application under regulation 28(3);

"rear end", in relation to a vehicle, means that part of the vehicle which projects furthest to the rear;

"rear underrun protection device" means the structure that is designed to prevent a vehicle from riding under the motor vehicle to which the structure is fitted;

"rear overhang", in relation to a vehicle, means that portion of the vehicle which projects to the rear of the centre-line of the rear axle or the rearmost axle of the rear axle unit or, if such vehicle has only one axle, which projects to the rear of the centre-line of that axle;

"reasonably level", in relation to a road, means a road which does not exceed a plus or minus one per cent grade;

"registration certificate" means a certificate issued to the title holder of a motor vehicle in terms of regulation 13;

"retro-reflector" means a reflector which complies with the standard specification SABS 513 "Retro-reflectors (reflex reflectors)", and which bears a certification mark or an approval mark, but where a reflector is incorporated in a cluster of lamps, the certification or approval mark can be on the cluster instead of the reflector;

"roadworthy certificate disc" means a roadworthy certificate disc as contemplated in regulation 36;

"safety glass" means transparent glass or other transparent material so constructed or treated that, when fractured, the possibility of large flying fragments or sharp splinters is minimized;

"school bus" means a mini-bus or bus, owned by or contracted to, or on behalf of, a school, and used principally for the conveyance of school children and other persons associated with such school;

"service brake" means a brake, normally a footbrake, used in the ordinary course of events to reduce the speed of a vehicle or to stop the vehicle, and which consists of--

1. a single braking system which brakes the front and rear wheels of the vehicle simultaneously, or in the case of--
   1. a semi-trailer, brakes the wheels thereof simultaneously;
   2. a trailer, which according to the registration certificate thereof was registered for the first time before 1 January 1986 and which is not a semi-trailer, brakes the front or rear wheels or all wheels thereof simultaneously; or
   3. a tractor, brakes the wheels of the rear axle or rear axle unit of the tractor simultaneously; or
2. two braking systems which--
   1. jointly brake the front and rear wheels of the vehicle simultaneously; and
   2. independently brake at least two wheels of the vehicle simultaneously;

"special permit" means a permit referred to in regulation 84(1)(b);

"steering axle" means an axle, the wheels of which are attached in such a manner that it enables the vehicle concerned to be steered thereby, but excludes--

1. any axle or axle unit of a semitrailer or trailer;
2. the rear axle or axles of any motor vehicle; and
3. any axle of a motor vehicle which is steered by movement of the front portion of the vehicle relative to the rear portion of the vehicle, or which is steered by movement of its articulated frame,

and the phrase "steering axle unit" has the same meaning subject to due alteration where necessary;

"stop lamp" means a device fitted to a vehicle for the purpose of signalling, by means of a light, the intention of the driver of such vehicle to stop or reduce the speed of such vehicle;

"temporary permit" means a permit referred to in regulation 84(1)(a).

"the Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996);

"traffic island" means a physical island that serves as a channelizing device within a junction or on a public road;

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

"traffic register number" means a number allocated in terms of regulation 335(2);

"traffic register number certificate" means a certificate issued in terms of regulation 335(2);

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

"training centre" means an approved training centre as contemplated in section 3L of the Act;

"turning radius", in relation to a vehicle, means the radius of the circle described by the outer steered wheel of a vehicle when such wheel is deflected as far as possible from the straight, either to the left or to the right, and, where the radii so obtained are not the same, the larger of the two shall be taken as the turning radius of the vehicle, the radius being measured to the outer edge of the track described by such outer steered wheel;

"vintage motor vehicle" means a motor vehicle manufactured before 1965;

"wheelbase"--

1. in relation to a semi-trailer, means the distance measured at ground level, between parallel planes at right-angles to the longitudinal centre-line of the vehicle passing through the centre-line of its king-pin and the centre-line of its axle or axle unit, as the case may be;
2. in relation to a trailer with only one axle or one axle unit, other than a semi-trailer, means the distance, measured at ground level, between parallel planes at right angles to the longitudinal centre-line of the vehicle passing through the centre-line of the coupling pin or knuckle and the centre-line of such axle or axle unit as the case may be; and
3. in relation to any other vehicle, means the distance measured at ground level between parallel planes at right-angles to the longitudinal centre-line of the vehicle passing through the centre-line of the front axle or front axle unit and the centre-line of the rear axle or rear axle unit, as the case may be; and

"wheel massload", in relation to any wheel of a vehicle, means the total mass supported by the contact area between the tyre of such wheel and the road surface.

Contents Page

Chapter 2