265. (1) An operator shall be registered in respect of a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms, a breakdown vehicle, and a motor vehicle to which regulations 273 to 283 apply as contemplated in regulation 274, registered in the Republic.

(2) The provisions of subregulation (1) shall not apply to a motor vehicle referred to in subregulation (1) that is--

1. owned by the Department of Defence;
2. operated on a public road under the authority of a temporary or special permit, motor trade number, motor dealer's licence or a motor transport licence, as the case may be;
3. not operated on a public road, and for the purpose of this paragraph 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--

1. being driven to the premises of the owner in order to take delivery thereof;
2. crossing a public road from one premises of the owner to another, over a distance of not more than one kilometre;
3. proceeding to or from a place where repairs are to be or have been effected to such motor vehicle;

4. a trailer drawn by a tractor;
5. a motor vehicle referred to in regulation 21(1)(a)(ii) or 21(1)(b) to (h).

266. (1) An operator card shall be issued for a goods vehicle category and for a dangerous goods vehicle category.

(2) An operator card for the goods vehicle category shall be marked with the letter "G" and for the dangerous goods vehicle category with the letter "D".

(3) An operator card for the goods vehicle category and for the dangerous goods vehicle category shall authorise the holder thereof to operate the applicable vehicle on a public road.

267. (1) The registering authority concerned shall register the owner of a motor vehicle contemplated in regulation 265 as operator of that vehicle upon application for the licensing of the vehicle concerned.

(2) The registering authority effects the registration of an owner as operator of a motor vehicle by licensing the motor vehicle in the manner prescribed in regulation 25, but--

1. the motor vehicle licence, licence and roadworthy certificate disc and operator card shall be issued on form LCO as shown in Schedule 2;
2. the owner shall, upon receipt of form LCO, destroy any previous operator cards held by him or her with respect to the motor vehicle concerned.

(3) If the registering authority is required to submit the particulars of an operator to the chief executive officer as contemplated in section 45(2) of the Act, such registering authority may, subject to the provisions of regulation 269, issue the operator with a temporary operator card as contemplated in section 45(3) of the Act on form OP2 as shown in Schedule 2, in the case where the operator is not already in possession of an operator card with respect to the motor vehicle concerned.

(4) Upon receipt of the particulars of the operator as contemplated in section 45(2) of the Act, the chief executive officer shall--

1. examine the record of the operator referred to in section 50(3) of the Act;
2. determine whether his or her operator card is suspended.

(5) If the record of the operator indicates that such operator does not comply with the provisions of the Act, the chief executive officer shall notify the operator in terms of section 50(3)(d) of the Act.

(6) (a) The registering authority shall upon receipt of the notification contemplated in section 45(4)(a) of the Act, issue him or her with an operator card on form OP3 as shown in Schedule 2.

2. The operator shall destroy any other previous operator card or temporary operator card issued in respect of the vehicle concerned upon receipt of the operator card.
3. The counterfoil of the operator card shall be kept at the business address of the operator.

(7) An operator card issued in respect of a motor vehicle shall be valid from the date of issue thereof, until the date on which the licence disc issued in respect of the motor vehicle concerned becomes null and void as referred to in regulation 22, but the motor vehicle may be operated on a public road for a period of 21 days after the said expiry date.

268. Application for a duplicate operator card can be made upon application for licensing of the vehicle as contemplated in regulation 24.

269. A temporary operator card shall be--

1. deemed to be an operator card for the period referred to in paragraph (b);
2. valid for a period of three months from the date of issue, or up and until the decision of the chief executive officer is made known to the operator in terms of regulation 267(5), or up and until the operator is issued with an operator card in terms of regulation 267(6), whichever date is the earliest;
3. re-issued only by the registering authority that issued such card: Provided that in the event of the decision of the chief executive officer in relation to the operator card of an operator not yet being available, a new temporary operator card shall be issued free of charge; and
4. if it was not destroyed upon receipt of the operator card, surrendered to the registering authority concerned with the counterfoil thereof within 21 days after an operator card for the motor vehicle concerned was received by the operator.

270. (1) The registering authority shall, upon receipt of a notice in terms of section 49(a) of the Act update the register of operators accordingly.

(2) If a new operator card is required, such card may be issued subject to subregulation (3), upon payment of the fee determined by the MEC of the province concerned.

(3) If a new operator card is required due to the change of address of the operator or to the change of the allocated licence number of the motor vehicles or motor vehicle of an operator under regulation 29, such card may be issued upon payment of the fee as determined by the MEC of the province concerned.

271. (1) If the chief executive officer suspends an operator card in terms of section 50 of the Act, he or she shall--

1. use form OP6 as shown in Schedule 2, to notify the operator concerned;
2. notify the registering authority referred to in regulation 267(1); and
3. require a traffic officer or an inspector of licences to locate and inspect the motor vehicle concerned to ensure that the operator card has been destroyed.

(2) The operator shall, upon receipt of a notice of suspension in terms of section 50 of the Act, immediately destroy the operator card and return the counterfoil of such card within seven days to the registering authority referred to in subregulation (1).

(3) The registering authority shall after receipt of the counterfoil referred to in subregulation (2), keep such counterfoil in the manner and for the period as determined by the chief executive officer.

272. An operator card shall be displayed--

1. if the motor vehicle is fitted with a transparent windscreen in front, by affixing such operator card in an upright position on the inside of the windscreen in such a manner that the print on the face of the operator card is clearly legible from the outside to a person standing in front or to the left front of such motor vehicle; or
2. if the motor vehicle is not fitted with a transparent windscreen in front, by affixing such operator card--

1. in a conspicuous position on the left side of the vehicle in such a manner that the print on the face of such operator card is clearly legible from that side; and
2. if such operator card is exposed to the weather, on the inside of the transparent front of a durable watertight holder, for protection.

Contents Page

Chapter 8