CHAPTER XIV

TRANSITIONAL PROVISIONS, REPEAL OF REGULATIONS, AND TITLE AND COMMENCEMENT

Transitional provisions: References to chief executive officer, Shareholders Committee, and Corporation

338. (1) For the purpose of interpretation of the Act--

  1. in section 3(1) and (2) of the Act, the words "Shareholders Committee" mean the Minister in consultation with the MEC's;
  2. in section 3A(1)(b), (c), (d), (f) and section 3A(2) of the Act, the words "chief executive officer" mean the Minister;
  3. in section 3B(1) of the Act, the words "chief executive officer" mean the MEC concerned;
  4. in section 3C(1) and the proviso to section 3C(2) of the Act, the words "chief executive officer" mean the MEC concerned;
  5. in section 3D(1)(a) of the Act, the words "Shareholders Committee" mean the Minister;
  6. in section 3D(3) of the Act, the words "chief executive officer" mean the MEC concerned;
  7. in section 3E of the Act, the word "inspectorate" means the MEC concerned;
  8. in section 3E(1) of the Act in the words preceding paragraph (a), the words "inspectorate of driving licence testing centres or the inspectorate of testing stations, respectively" mean the MEC concerned;
  9. in section 3E(1)(c) of the Act, the words "Shareholders Committee" mean the Minister;
  10. in section 3E(2) of the Act, the words "chief executive officer" mean the MEC concerned;
  11. in section 3E(3) of the Act, the words "chief executive officer" mean the Minister;
  12. in section 3E(4) and (5) of the Act, the words "chief executive officer" mean the MEC;
  13. in section 3I(p) of the Act, the words "chief executive officer" mean the MEC;
  14. in section 3L of the Act, the words "Shareholders Committee" mean the Minister;
  15. in section 11(1) of the Act, the words "after a decision has been taken by the Shareholders Committee" mean after consultation with the MEC's;
  16. in section 28A of the Act, the words "chief executive officer" mean the MEC of the province where the person intends to act an instructor;
  17. in section 28B(3) of the Act, the words "chief executive officer" mean the MEC;
  18. in section 28C of the Act, the words "chief executive officer" mean the MEC concerned;
  19. in section 28C(b) of the Act, the words "Shareholders Committee" mean the Minister;
  20. in section 39 of the Act, the words "inspectorate of testing stations" mean the MEC Concerned;
  21. in section 41(1) of the Act, the words "after a decision has been taken by the Shareholders Committee" mean after consultation with the MEC's;
  22. in the heading of section 51A, the words "Shareholders Committee" mean the Minister in consultation with the MEC's;
  23. in section 51A--
  1. the words "chief executive officer" mean the MEC; and
  2. the words "Shareholders Committee" mean the Minister in consultation with the MEC's;
  1. in section 51B, the words "chief executive officer" mean the Minister.

(2) For the purpose of interpretation of these regulations--

  1. in regulation 1 in the definition of "approved", the words "chief executive officer" mean the Minister;
  2. in regulation 1B, the words "chief executive officer" mean the MEC;
  3. in regulation 1C, the words "chief executive officer" mean the MEC;
  4. in regulation 2(1) and in the words preceding paragraph (a) of regulation 2(3), the words "chief executive officer" mean the MEC;
  5. in regulation 2(3)(dA), the words "chief executive officer" mean the Minister;
  6. in regulation 2A--
  1. the words "chief executive officer" mean the MEC concerned; and
  2. the words "inspectorate of driving licence testing centres, inspectorate of testing stations or the chief executive officer, whatever the case may be," mean the MEC concerned;
  1. in regulation 2A(1) in the words preceding paragraph (a), the phrase "inspectorate of driving licence testing centres or inspectorate of testing stations in terms of section 3E(1) of the Act, or the chief executive officer in terms of section 3E(2) of the Act, whatever the case may be," means the MEC concerned;
  2. in the heading of regulation 2B, "Shareholders Committee" mean the Minister;
  3. in regulation 2B(2)--
  1. the words "Shareholders Committee" mean the Minister; and
  2. the words "chief executive officer" mean the Director-General;
  3. the word "Corporation" means the Department;
  1. in regulation 2B(3)--
  1. the words "chief executive officer" mean the Minister; and
  2. the word "Corporation" means the Department;
  1. in regulation 2B(4), (5), and (6), the words "Shareholders Committee" mean the Minister;
  2. in regulation 25, the word "Corporation" mean the Department;
  3. in regulation 27(5)(a)(iii), the words "chief executive officer" mean the Minister;
  4. in regulation 39(2)(d), the words "chief executive officer" mean the MEC;
  5. in regulation 40, the words "chief executive officer" mean the MEC;
  6. in regulation 41, the words "chief executive officer" mean the MEC;
  7. in regulation 42, the words "chief executive officer" mean the MEC;
  8. in regulation 44, the words "chief executive officer" mean the MEC;
  9. in regulation 46(1), the words "chief executive officer" mean the MEC;
  10. in regulation 46(2), the words "chief executive officer" mean the MEC;
  11. in regulation 47, the words "chief executive officer" mean the MEC;
  12. in regulation 49, the words "chief executive officer" mean the MEC;
  13. in regulation 50, the words "chief executive officer" mean the MEC;
  14. in regulation 51, the words "chief executive officer" mean the MEC;
  15. in regulation 62(1), the words "chief executive officer" mean the Minister;
  16. in regulation 92--
  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zA) in regulation 97(2), the word "Corporation" means the Department;
(zB) in regulation 101(2)(b), the words "chief executive officer" mean the Minister;
(zC) in regulation 104(3)--

  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zD) in regulation 107(5)(a)--

  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zE) in regulation 107(5)(b)--

  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zF) in regulation 107(5)(c)--

  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zG) in regulation 108(1A)--

  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zH) in regulation 114A, the words "chief executive officer" mean the MEC;
(zI) in regulation 114B(1) and (2), the words "chief executive officer" mean the MEC;
(zJ) in regulation 114B(3)--

  1. the word "Corporation" means the Department; and
  2. the words "chief executive officer" mean the Minister;

(zK) in regulation 114B(4), the words "chief executive officer" mean the MEC;
(zL) in regulation 114C(1), the words "chief executive officer" mean the MEC;
(zM) in regulation 114D, the words "chief executive officer" mean the MEC;
(zN) in regulation 114E(1)(b), the word "Corporation" means the Department;
(zO) in regulation 114E(3)(a) and (b), the words "chief executive officer" mean the MEC;
(zP) in regulation 117(e), the words "chief executive officer" mean the MEC;
(zQ) in regulation 119(1A), the word "Corporation" means the Department;
(zR) in regulation 120(2), the words "chief executive officer" mean the MEC;
(zS) in regulation 123(2), the words "chief executive officer" mean the MEC;
(zT) in the heading of regulation 125, the words "chief executive officer" mean the MEC;
(zU) in regulation 125, the words "chief executive officer" mean the MEC;
(zV) in regulation 267, the words "chief executive officer" mean the MEC;
(zW) in regulation 269, the words "chief executive officer" mean the MEC;
(zX) in regulation 271, the words "chief executive officer" mean the MEC;
(zY) in regulation 273A, the words "chief executive officer" mean the Minister;
(zZ) in regulation 280(3), the words "Shareholders Committee" mean the Minister;
(zZa) in regulation 331(2)(b)(i), the words "chief executive officer" mean the MEC concerned;
(zZb) in regulation 331(3)(b)(i), the words "chief executive officer" mean the MEC concerned; and
(zZc) in regulation 331(4), the words "chief executive officer" mean the MEC.

Transitional provisions: Fees

339. The fees determined by the MEC of each province before the date of commencement of the Act as being payable in respect of any application or request made, or document issued in terms of the Road Traffic Act, 1989 (Act No. 29 of 1989), or any other matter referred to in that Act, shall be payable in respect of an application or request made, or document issued in terms of, or other matter referred to in, the corresponding provisions of the Act.

Transitional provisions: Training centres

340. Training centres shall be deemed to be approved in terms of section 3L of the Act for a period of six months from the date of commencement of the Act: Provided that this regulation shall not be interpreted to prevent action instituted before the commencement of the Act to be continued against a training centre, or to prevent any other prosecution of the training centre, other than prosecution for not being duly approved in terms of the Act.

Transitional provisions: Manufacturers of number plates

341. Manufacturers of number plates shall be deemed to be registered in terms of section 5 of the Act for a period of six months from the date of commencement of the Act: Provided that this regulation shall not be interpreted to prevent action instituted before the commencement of the Act to be taken against a manufacturer of number plates, or to prevent any other prosecution of the manufacturer, other than prosecution for not being duly registered in terms of the Act.

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, 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.

Transitional provisions: Instructors

343. The holder of a valid certificate issued under the Road Traffic Act, 1989 (Act No. 29 of 1989), authorising him or her to act as instructor, shall, subject to cancellation or suspension of the certificate, be deemed to be the holder of a registration certificate as contemplated in regulation 114C for a period of one year calculated from the date of commencement of the Act.

Transitional provisions: General

344. (1) Any licence, certificate, permit, exemption or authorisation issued or granted or any other thing done under any provision of a regulation repealed by regulation 345 shall be deemed to have been issued, granted or done in terms of the corresponding provision of these regulations for the period for which and subject to the conditions under which it was issued, granted or done.

(2) Any application made under a regulation repealed by regulation 345, which has not been disposed of at the date of commencement as contemplated in regulation 346, shall be deemed to be an application under the corresponding provisions of these regulations.

(3) Any relevant provision of the Road Traffic Regulations made under the Road Traffic Act, 1989 (Act No. 29 of 1989), shall, notwithstanding the provisions of regulation 345, remain in force until such time as the corresponding provision of these regulations (if any) has been put in operation under regulation 346.

Repeal of regulations

345. The Road Traffic Regulations, 1990, published by Government Notice No. R. 910 of 26 April 1990, as amended by Government Notices Nos. R. 1312 of 13 June 1990, R. 1954 of 17 August 1990, R. 2066 of 31 August 1990, R. 2982 of 14 December 1990, R. 125 of 14 February 1991, R. 1059 of 4 June 1991, R. 2694 of 15 November 1991, R. 1695 of 15 June 1992, R. 2803 of 1 October 1992, R. 2895 of 8 October 1992, R. 3172 of 20 November 1992, R. 766 of 30 April 1993, R. 1214 of 1 July 1993, R. 1767 of 20 September 1993, R. 1878 of 18 October 1993, R. 2448 of 24 December 1993, R.792 of 29 April 1994, R. 1048 of 3 June 1994, R. 1081 of 7 June 1994, R.1447 of 26 August 1994, R. 1835 of 28 October 1994, R. 352 of 28 February 1995, R. 926 of 30 June 1995, R. 1036 of 14 July 1995, R. 1135 of 28 July 1995, R. 1930 of 15 December 1995, R. 228 of 16 February 1996, R. 832 of 17 May 1996, R. 1076 of 28 June 1996, R. 1448 of 26 August 1996, R. 2112 of 27 December 1996, R. 356 of 28 February 1997, R. 1159 of 5 September 1997, R. 1238 of 19 September 1997, R. 1747 of 31 December 1997, R. 276 of 23 February 1998, R. 342 of 3 March 1998, R. 870 of 30 June 1998, R. 1018 of 7 August 1998, R. 1587 of 4 December 1998, R. 419 of 9 April 1999 and R. 566 of 30 April 1999, are repealed.

Title and commencement

346. (1) These regulations are called the National Road Traffic Regulations, 1999, and come into operation on a date to be determined by the Minister by notice in the Gazette.

(2) Different dates may be so fixed in respect of different provisions of these regulations.

Contents Page