Department of Transport: General Notice
Department of Transport: General Notice
Department of Transport: General Notice
35413 3
GENERAL NOTICE
DEPARTMENT OF TRANSPORT
I, Sibusiso Joel Ndebele, Minister of Transport, acting in terms of section 75 (6) of the National
Road Traffic Act, 1996 (Act No. 93 of 1996) herewith publish the regulations in the Schedule for
comments; All interested parties who have any objections, inputs or comments to the proposed
amendments are called upon to lodge their objections, inputs or comments, within four weeks
from the date of publication of this Notice to:
-6\~0 \
Minister of Transport
4 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
SCHEDULE
Definition
1. 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 No's. R.
761 of 31 July 2000, R. 941 of 22 September 2000, R. 726 of 3 August 2001, R. 2116 of
5 October 2001, R. 779 of 4 June 2002, R. 1341 of 25 September 2003, R. 881 of 23 July 2004,
R871 of 2 September 2005, R1066 of 23 November 2005, R1318 of 2 December 2005, R1319 of 2
December 2005, R891 of 4 September 2006, R964 of 29 September 2006, R404 of 4 May 2007
and R865 of 28 September 2007, R589 of 27 May 2009, R359 of 12 May 2010 and R541 of 29
June 2011.
(a) the substitution for the definitions of "adapter dolly" of the following definition:
""adapter dolly" means a semi-trailer with one or more axles, designed or adapted-
(b) not to carry any load other than that imposed by a semi-trailer;";
(b) the insertion after the definition of "axle-massload" of the following definition:
(c) the insertion after the definition of "certification of roadworthines" of the following
definitions:
kilograms of goods in a month in the goods declaration for the consignment and who actually
receives such goods after they are transported by road;";
(d) the substitution for the definition of "emergency vehicle" of the following definition:
(e) by the substitution for the definition of "goods vehicle" of the following definition:
""goods vehicle" means a motor vehicle, other than a motor cycle, motor tricycle, motor
car, mini-bus or bus, designed or adapted for the conveyance of goods on a public road and
includes a truck-tractor, haulage tractor, adaptor dolly, converter dolly and breakdown vehicle;";
(f) the insertion after the definition of "certification of roadworthines" of the following
definition:
(g) the substitution for the definition of "service brake" of the following definition:
'"'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-
6 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(a) a single braking system which brakes the front and rear wheels of the
vehicle simultaneously, or in the case of-
(iii) a tractor or haulage tractor, brakes the wheels of the rear axle or
rear axle unit of the tractor or haulage tractor simultaneously; or
(i) jointly brake the front and rear wheels of the vehicle simultaneously;
and
(h) the substitution for the definition of "permanently demolished" of the following
definition:
""permanently demolished" means that the chassis of a motor vehicle has been-
(a) compacted;
(b) compressed;
(c) melted;
(d) destroyed; or
(e) damaged;
STAATSKOERANT, 8 JUNIE 2012 No.35413 7
to such an extent that the motor vehicle concerned cannot be made safe and roadworthy and the
chassis cannot be used to build a motor vehicle;";
(i) the insertion after the definition of "vintage motor vehicle" of the following definitions:
""weighbridge facility" means a facility with a mass measuring apparatus that has been
evaluated by the inspectorate of weighbridges facility in compliance with SANS1649 and
registered in terms of this Act to determine the tare of a motor vehicle;";
"(c) grade C, if the diploma referred to in section 3D (1) of the Act indicates that such
examiner is qualified to examine and test a motor vehicle of any class, except for a motorcycle, a
motor tricycle, a goods vehicle or bus, the gross vehicle mass of which exceeds 3 500 kilograms,
and such examiner holds a code EB driving licence for a manual transmission.".
"(ix) on the date of issue of a temporary permit issued in terms of regulation 84.".
(a) the substitution for paragraph (d) of subregulation (2) of the following paragraph:
"(d) if the motor vehicle is registered, the registration certificate concerned, or the
certificate referred to in regulation 13B (2)(d): Provided that the provisions of this paragraph shall
not apply to an applicant-";
8 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(b) the substitution for paragraph (g) of subregulation (2) of the following paragraph:
"(g) in the case of a vehicle to which standard specification SANS 1518 "Transportation
of dangerous goods - design of vehicles, tanks and accessories for the transport of dangerous
goods" applies, a certificate of compliance shall be issued by the manufacturer confirming
compliance to the standard and the certificate of compliance shall be approved by the competent
authority as stipulated in SANS 1518.".
"(4A) A motor vehicle shall be recorded as "new" in the register of motor vehicles if-
(a) it is being registered and is liable for licensing for the first time and it has
been manufactured or imported by a manufacturer or importer that had
been registered as such: Provided that if manufactured, it was
manufactured in whole using new parts;
(b) it is being registered and is liable for licensing for the first time in the
Republic and it has been imported by an importer that is not required to be
registered as such and was previously registered as "new" in the name of
the importer in the country of origin or is being registered for the first time;
or
(c) it was previously registered as "new" and licensed and no change of owner
has occurred.
Provided that if the motor vehicle was registered in another country, the date of first registration
of such motor vehicle must be captured in the register of motor vehicles.".
(b) the substitution for subregulation (5) of the following subregulation:
"(5) A motor vehicle shall be recorded as "used" in the register of motor vehicles if-
STAATSKOERANT, 8 JUNIE 2012 No.35413 9
(a) it is currently registered as "new" or "used" and is not liable for licensing;
(c) it was previously exempt from registration in terms of regulation 5 and such
exemption no longer applies or has been withdrawn.".
"(6) A motor vehicle shall be recorded as "allowed to convey dangerous goods" in the
register of motor vehicles if standard specification SANS 1518 "Transportation of dangerous
goods-design of vehicles, tanks and accessories for the transport of dangerous goods", applies to
such vehicle.".
7. Regulation 13A of the Regulations is hereby amended by the substitution for regulation
13A of the following regulation:
(1) Application for electronic registration and updating of register of motor vehicles
may be made by a title holder who has authorised access to the register of motor vehicles.
in the register of motor vehicles and such introduction shall be deemed to be registration of the
vehicle for the purpose of section 5(5) of the Act, except where a vehicle is introduced onto the
register of motor vehicles with a pre-homologated number.".
STAATSKOERANT, 8 JUNIE 2012 No.35413 11
10. Regulation 20 of the Regulations is hereby amended by the substitution for regulation 20
of the following regulation:
A motor vehicle which is exempt from registration in terms of regulation 5 shall not be
required to be licensed in terms of this Part.".
(b) the substitution for paragraph (h) of subregulation (1) of the following paragraph:
"(h) which is not a tractor, motor home or a caravan and which has not been originally
designed or adapted for the conveyance of persons, excluding the driver and, in the case of a
motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms, excluding the driver and
one passenger, or goods, or both;".
(a) the addition of the following paragraph after paragraph (g) of subregulation (7):
"(h) the owner of which has failed to comply with the requirements of regulation
32A (1) and (3)."; and
"(9) A motor vehicle licence disc shall be issued on form MVLX, as shown in Schedule 2,
to motor vehicles referred to in regulation 21 (1) (a) and (b).".
12 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
{1) Subject to paragraphs (2) and (3), a person or body of persons who is registered
on the NaTIS or wishes to make use of the NaTIS services shall, after a period of 12 months from
the date of publication of this regulation in the Gazette, submit proof of-
(3) A person or body of persons shall submit proof of change of particulars within 21
days, as required in subregulation (1) to the appropriate registering authority of such person or
body of persons.".
14. Regulation 44 of the Regulations is hereby amended by the addition of the following
paragraphs after paragraph (g) of subregulation (1):
"(h) may suspend or cancel the model number of the models of motor vehicles
manufactured, modified or imported if such manufacturer, builder or
importer is in arrears of any fees payable to the inspectorate of
manufacturers, builders or importers for a period exceeding 60 days.".
STAATSKOERANT, 8 JUNIE 2012 No. 35413 13
"(i) may, for the purpose of the registration of vehicles that are exempt from
registration in terms of regulation 5, issue such models of motor vehicles
with a pre-homologated model number.".
15. Regulation 46 of the Regulations is hereby amended by the substitution for regulation 46
of the following regulation:
(1) If there is any change of name, street or postal address, proxy, representative or
acceptable identification of a registered manufacturer, builder or importer, such manufacturer,
builder or importer shall, within 21 days after the date of such change-
(a) notify the chief executive officer and the inspectorate of manufacturers,
builders and importers of such change on form MIS as shown in Schedule 2;
and
failure to comply with the provisions of this subregulation may result in the registration of the
manufacturer, builder or importer, or the model numbers of models of motor vehicles
manufactured, modified or imported being suspended or cancelled by the inspectorate of
manufacturers, builders and importers.
(2) On receipt of the notification referred to in subregulation (1), the chief executive
officer or the inspectorate of shall evaluate the notification and if satisfied that such notification is
in order, he or she shall-
(3) If the chief executive officer is not satisfied that the notification
referred to in subregulation (2) is in order he or she may, inform the manufacturer,
builder or importer to make a new application on form MIB as shown in Schedule 2
and such application shall be accompanied by-
(bA) proof of value added tax registration with the South African
Revenue Services;
(e) if the chief executive officer is not satisfied that the application
comply with the requirements of this regulations, he or she shall
notify the manufacturer, builder and importer accordingly.
(1) If there is any change of name, street or postal address, proxy, representative or
acceptable identification of the registered manufacturer of number plates, such manufacturer of
number plates shall, within 21 days after such change, notify the MEC on form MNP as shown in
16 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(2) On receipt of the notification referred to in subregulation (1), the MEC shall
evaluate the notification and if satisfied that such notification is in order, the MEC shall-
(3) If the MEC is not satisfied with the notification referred to in subregulation (2) the
MEC may, if deemed necessary, inform the manufacturer of number plates to make a new
application on form MNP as shown in Schedule 2 and such application shall be accompanied by-
(b) appropriate fees as determined by the MEC of the province concerned; and
(4) On receipt of the application referred to in subregulation (3) the MEC shall-
(d) if the MEC is not satisfied that the application comply with the provisions of
this regulations/ he or she shall notify the manufacturers of number plates
accordingly.
17. Regulation 52 of the Regulations is hereby amended by the substitution for subregulation
(1) of the following subregulation:
"(1) If the postal or street address/ proxy or representative of the title holder or owner
of a motor vehicle which is registered in terms of these regulations1 changes1 such title holder or
owner shall 1 within a period of 21 days after such change-
(a) notify the appropriate registering authority of such change on form NCP as
shown in Schedule 2; and
(a) the substitution for paragraph (d) of subregulation (1) of the following paragraph:
"(d) submit the registration certificate or the certificate referred to in regulation 138
(2)(d) of the motor vehicle concerned to the registering authority concerned/ if such certificate is
in such owner's possession.".
G12-072507-B
18 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(b) the substitution for paragraph (b) of subregulation (3) of the following paragraph:
"(b) if the registration certificate of such motor vehicle has not been submitted by the
owner under subregulation (1)(d), submit such certificate or the certificate referred to in
regulation 13B (2)(d) and the notification referred to in paragraph (a) to the appropriate
registering authority.".
(a) the substitution for paragraph (c) of subregulation (1) of the following paragraph:
"(c) submit the registration certificate or the certificate referred to in regulation 13B
(2)(d) of the motor vehicle concerned to the appropriate registering authority, if such certificate is
in such owner's possession.".
"(2) The title holder of a motor vehicle referred to in subregulation (1) shall-
(a) within three months after the date on which such motor vehicle has
become permanently unfit for use, notify the appropriate registering
authority, on form ADV as shown in Schedule 2, that such motor vehicle is
permanently unfit for use as a motor vehicle;
(b) within three months after the date on which such motor vehicle has been
permanently demolished, notify the appropriate registering authority, on
form ADV1 as shown in Schedule 2, that such motor vehicle has been
permanently demolished;
STAATSKOERANT, 8 JUNIE 2012 No.35413 19
(c) if the registration certificate of such motor vehicle has not been submitted
by the owner in terms of subregulation (l)(c), submit such certificate or the
certificate referred to in regulation 138 (2)( d) and the notification referred
to in paragraph (a) or (b) to the appropriate registering authority;
(d) submit an affidavit containing the details of the vehicle being deregistered
as demolished; or
(iii) the name and address of the body that operates the demolition
equipment.".
(b) update the particulars pertaining to the motor vehicle in the register of
motor vehicles;
"(7) If a motor vehicle has been permanently demolished and the notification of such
demolishment has not been indicated in the notification referred to in subregulation 2(a) or 2(b),
the title holder of such motor vehicle shall, within three months after the date on which such
motor vehicle has been permanently demolished-
"No person shall operate on a public road a motor vehicle manufactured after 1 December
2012, unless such motor vehicle is fitted with a metal plate or a self-adhesive tamperproof metal
or plastic label, where the vehicle identification number is clearly imprinted or stamped and such
plate or plastic label shall be affixed in an accessible place on a door post, under the bonnet or on
the frame of the vehicle concerned or in the case of a trailer, on the left side thereof in any
conspicuous place, which shall not be removed, altered, obliterated or mutilated and which cannot
be transferable from one vehicle to another.
Provided that a vehicle with a combined vehicle identification number and mass data plate
complies with the requirements of this regulation.".
21. Regulation 65 of the Regulations is hereby amended by the substitution for subregulation
(1) of the following subregulation:
"(1) If the owner of a motor vehicle, other than a manufacturer, importer or builder of a
new motor vehicle, intends to export such motor vehicle, such owner shall obtain a written or an
electronic authorisation from the title holder of the intent to export such motor vehicle.".
STAATSKOERANT, 8 JUNIE 2012 No.35413 21
"(1) A mass measuring certificate issued on a form similar to form MMC, or on form MMC
as shown in Schedule 2, shall be obtained by the applicant at his or her own expense from a
person in charge of a registered weighbridge facility."; and
"(2) The tare of a motor vehicle referred to in subregulation (1), shall be determined in the
presence of a registered weighbridge operator employed at the facility referred to in subregulation
(1).".
23. The following regulations 66A to 66C are inserted after regulation 66 of the Regulations:
(1) An application for the registration of a weighbridge facility shall be made on form
WF1 as shown in Schedule 2.
(a) the acceptable identification of the applicant and if such applicant is a body
of persons/ that of its proxy and representative and a letter of proxy.
(b) the appropriate fees as determined by the MEC of the province concerned
(c) with due regard to the evaluation and recommendation of the inspectorate
of weighbridges facility, satisfy himself or herself that the applicant is
suitable to be registered; and
(d) satisfy himself or herself that the registration of the weighbridge facility
has not been suspended or cancelled for a reason that is still valid.
(2) If the MEC is satisfied that the applicant may be registered as a weighbridge
facility, he or she shall -
(a) register the applicant with such conditions that he or she deems fit;
(3) If the MEC is not satisfied that the applicant may be registered as a weighbridge
facility, he or she shall notify the applicant accordingly.
(1) If the MEC intends to suspend or cancel the registration of a weighbridge facility,
he or she shall notify such weighbridge facility of such intention and the reason thereof.
(2) The weighbridge facility referred to in subregulation (1), may, within 21 days after
receipt of the notification referred to in that subregulation, make a written representation to the
MEC.
(3) The MEC shall after due consideration of any representation made in terms of
subregulation (2), if any-
(b) not cancel or suspend the registration of the weighbridge facility concerned
and notify the weighbridge facility accordingly.
(4) The weighbridge facility, of which the registration has been cancelled, shall within
14 days after of having been notified of such cancellation, submit to the MEC the certificate of
registration.".
Amendment of regulation 69 of the Regulations
24. Regulation 69 of the Regulations is hereby amended by the addition of the following
paragraph after paragraph (c) of subregulation (1):
"(d) delivery of such motor vehicle, for examination and testing by examiner of
vehicles.".
25. Regulation 79 of the Regulations is hereby amended by the substitution for subregulation
(1) of the following subregulation:
24 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
"{1) If the postal or street address, proxy or representative of the holder of a motor
trade number changes, such holder shall, within 21 days after such change-
(a) notify the appropriate registering authority of such change on form NCP or
MTN1 as shown in Schedule 2; and
"{ 1) A person who desires to operate on a public road a motor vehicle which is to be
registered and licensed in the Republic in terms of Chapter III of this Act, but has not been
registered and licensed or is registered in terms of Chapter III of this Act but not licenced, or
which may not otherwise be operated on a public road, may-";
{b) the substitution for subparagraph {i) of paragraph {b) of subregulation {1) of the following
subparagraph:
"{b) Code 2: Motor vehicle, other than a motor cycle or tricycle the tare of which
does not exceed 3500 kilograms, a minibus, midibus, bus or goods vehicle
the gross vehicle mass of which does not exceed 3 500 kilograms, an
articulated motor vehicle or combination of a motor vehicle and trailer of
which the gross combination mass of the truck-tractor, haulage tractor or
drawing vehicle does not exceed 3500 kilograms, or a tractor; and"; and
STAATSKOERANT, 8 JUNIE 2012 No.35413 25
"(a) the categories of driving licences are indicated by the codes mentioned in the first
column of the table below, each of which pertains to the classes of motor vehicles mentioned
against it in the second column of the table, and authorises the holder of such code to drive the
motor vehicles mentioned against it in the said second column and third column of the table:
Provided that for the purposes of this subregulation the term "goods vehicle" does not include a
haulage tractor:
26 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
28. Regulation 107 of the regulations is hereby amended by the substitution for regulation 107
of the following regulation:
"107. Manner and contents on which applicant for provisional driving licence to
be examined and tested
(1) An applicant for a provisional driving licence shall be examined and tested by an
examiner for driving licences.
(2) The examiner for driving licences shall by observation, inquiry and practical test, satisfy
himself or herself that the applicant-
(a) holds a Ieamer's licence which authorises him or her to drive the class of
motor vehicle to which his or her application relates;
(c) has a sound knowledge of the rules of the road and the different signals
which a driver of a motor vehicle is required to give when driving on a
public road;
(e) is generally capable of driving a motor vehicle of the class to which the
application relates.
(3) In the case where a person applies for a provisional driving licence which
authorises him or her to drive an articulated motor vehicle, or a combination of a motor vehicle
and trailer, the practical test shall be conducted while the semi-trailer is attached to the truck-
tractor, or the trailer is attached to the drawing vehicle, as the case may be: Provided that for the
purpose of testing an applicant for a driving licence a haulage tractor may not be used to conduct
the test.
(4) For the purposes of subregulation (2) an applicant shall not be required to undergo
a written test.
STAATSKOERANT, 8 JUNIE 2012 No. 35413 31
(5) An examiner for driving licences shall in compliance with the provisions of
paragraph (e) of subregulation (2)-
(b) in the case of a code C1, C, EC1 or EC provisional driving licence, test an
applicant according to the manual of the Department "K53 Practical driving
test for motor vehicle drivers, Volume 2 - Heavy Motor Vehicles", published
by the Minister by notice in the Gazette;
Provided that the examiner for driving licences shall use the electronic score sheet to test an
applicant, if the driving licence testing centre is equipped with a motor vehicle with an electronic
driving licence test surveillance system.
29. The following regulations 107A to 107C are inserted after regulation 107 of the
Regulations:
(b) being found guilty for driving under the influence of intoxicating liquor or
drug having narcotic effect, or with an alcohol in blood or breath;
(d) operated a motor vehicle which exceeded the number of persons on any
seat of the vehicle for which the seating capacity is provided for;
(f) not completed the provisional driving licence logbook as shown in Schedule
2, on all trips undertaken within a driving time of a minimum of 60 hours.
(2) The holder of a provisional driving licence shall drive a motor vehicle displaying a
red letter "P' which is clearly visible facing out from the rear of the vehicle in a manner that the
letter "P" is clearly visible and the colour is distinguishable from a distance of 20 metres behind
the vehicle.".
(1) The applicant must be on probation for a period not exceeding 12 months.
{1) A person who applies for an evaluation for determining whether he or she is still
capable of holding a driving licence for a motor vehicle of the class to which such licence relates
after a physical defect which is likely to render him or her incapable of effectively driving and
controlling a motor vehicle, shall be evaluated by an examiner for driving licences.
{2) The examiner for driving licences, shall by observation, inquiry and practical
evaluation, satisfy himself or herself that the applicant-
(a) holds a driving licence which authorises him or her to drive the class of
motor vehicle to which his or her application for evaluation relates;
(c) in a case of a modified motor vehicle to be used for the evaluation, holds a
builders certificate issued by a registered manufacturer, builder or importer.
{b) in the case of a code C1, C, EC1 or EC driving licence, evaluate the
competency of an applicant according to the manual of the Department
"EK53 Practical competency evaluation driving test for a person who is in
possession of a valid driving licence/ Volume 2 - Heavy Motor Vehicles"
published by the Minister by notice in the Gazette,
Provided that the examiner for motor vehicles shall use the electronic score sheet to evaluate an
applicant, if the driving licence testing centre is equipped with a motor vehicle with an electronic
driving licence test surveillance system.".
30. Regulation 108 of the regulations is amended by the substitution for regulation 108 of the
following regulation:
(1) A driving licence testing centre shall forthwith, after the applicant has complied
with the provisions of regulation 1078 or in the case of an application in terms of subregulation
(5) (b) or regulation 109, and if it is satisfied that the applicant must be issued with a driving
licence and that the applicant is not disqualified from holding a provisional driving licence as
contemplated in section 15 (1) (f) (vi) of the Act read with regulation 102-
(a) complete the authorisation to issue the driving licence on form Dll, as
shown in Schedule 2 and record the authorisation on the register of driving
licences;
(c) except for in the circumstances mentioned in paragraph (d), the examiner
STAATSKOERANT, 8 JUNIE 2012 No.35413 35
(i) take an imprint of the left thumb and right thumb of the applicant,
and should the applicant not have a left or right thumb, an imprint
of such fingers as specified by the image capturing system, the
identification of which shall be noted on the image capturing
system;
(iii) capture the signature image of the applicant on the image capturing
system;
(iv) ensure that the applicant's vision complies with the requirements
referred to in regulation 102 by using the image capturing system.
Provided that should the applicant fail the automated vision test, the
verbal vision test shall be used;
(v) print the image capture sheet on form ICS as shown in Schedule 2
from the image capturing system;
(vi) record the barcode number on the image capture sheet on the
application form submitted in terms of regulation 106 (1);
(ix) retain the image capture sheet for record purposes; and
36 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(x) send the disk containing the finger print images, signature and
photograph to the Card Production Facility not later than two
working days after the date of the authorisation referred to in
paragraph (a) 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, order the driving licence card
on which the driving licence appears from that facility.
Provided that the tasks mentioned in items (viii) to (x) may be performed by an appropriately
trained and appointed employee of the driving licence testing centre concerned. Provided further
that if the register of driving licences is not available, the tasks referred to in items (vii) and (viii)
shall be performed as soon as the register of driving licences becomes available;
(d) only in the case where the driving licence testing centre concerned has not
been equipped with an image capturing system or in the case where the
driving licence testing centre concerned has been equipped with one or
more image capturing systems and all or at least two such image capturing
systems are not available due to a failure and such failure has been
reported according to the call logging procedures or in the case where the
MEC has specifically given authority to the driving licence testing centre to
use this procedure, the examiner for driving licences shall-
(i) ensure that the applicant's vision complies with the requirements
referred to in regulation 102;
(ii) take an imprint of the left thumb and right thumb of the applicant
on the image scanning sheet (form ISS) and the duplicate of it, and
should the applicant not have a left or right thumb, an imprint of
such fingers as specified on the ISS form, the identification of which
shall be noted on the image scanning sheet;
(iii) affix one photograph of the applicant to the image scanning sheet
(form ISS) and one photograph to its duplicate;
(iv) ensure that the same barcode number appears on form ISS and the
duplicate of it;
STAATSKOERANT, 8 JUNIE 2012 No.35413 37
(v) ensure that the applicant signs form ISS and the duplicate of it;
(vii) record the barcode number of the image scanning sheet (form ISS)
on the application form submitted in terms of regulation 106 (1);
(x) retain the image scanning sheet for record purposes; and
(xi) send form ISS to the Card Production Facility not later than two
working days after the date of the authorisation referred to in
paragraph (a) 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, order the driving licence card
on which the driving licence appears from that facility.
Provided that the tasks mentioned in items (ix) to (xi) may be performed by an appropriately
trained and appointed employee of the driving licence testing centre concerned. Provided further
that if the register of driving licences is not available, the tasks referred to in items (viii) and (ix)
shall be performed as soon as the register of driving licences becomes available.
(1A) The driving licence testing centre shall pay over to the Card Production Facility
such part of the fee, referred to in subregulation (1), payable in accordance with the agreement
between that Facility and the Corporation, the amount of which shall be R75,00 for every issuance
of a driving licence card or professional driving permit the application of which is received on or
after 1 November 2010.
38 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(2) (a) On receipt of the disk referred to in subregulation (1) (c) (viii) or form ISS
referred to in subregulation (1) (d) (vii) and the order for the driving licence
card, the Card Production Facility shall, if the images recorded onto the disk
or image scanning sheet concerned are accepted-
(b) If the images recorded onto the disk or image scanning sheet concerned are
not accepted by the Card Production Facility, the applicant shall again report
to the driving licence testing centre for the repeat of subregulation (1) (c)
or, if approved by the driving licence testing centre, submit a further two
photographs of himself or herself that comply with regulation 103 (1) upon
receipt of which the examiner for driving licences shall repeat subregulation
(1) (d).
(3) On receipt of the driving licence card referred to in subregulation (2), the driving
licence testing centre shall-
(a) record the receipt of the driving licence card on which the driving licence
appears in the register of driving licences;
(b) notify the applicant on form NCO as shown in Schedule 2, to collect the
driving licence card at the centre;
(d) if the applicant so requires, stamp and sign a copy of the previous licence,
which is submitted with form NCO as shown in Schedule 2, so that it may
be retained by the applicant as proof of the previous licence and the date of
issue of it;
(e) ensure that the applicant acknowledges receipt of the driving licence card
on form Oll or form NCO, as shown in Schedule 2; and
(f) update the register of driving licences accordingly to reflect the issue of the
driving licence card.
STAATSKOERANT, 8 JUNIE 2012 No.35413 39
(4) An examiner for driving licences shall, except where previously otherwise agreed
with the applicant, deface an unclaimed driving licence card 120 days after the notice referred to
in subregulation (3) (b) was posted, and record the fact that it has been defaced on the register
of driving licences.
(5) (a) subject to regulation 101 (2) (a), a driving licence card shall expire five
years from the date on which it has been ordered from the Card
Production Facility: Provided that where a person has applied for a new
driving licence card in the manner contemplated in paragraph (b) on or
before the expiry date of the driving licence card held by such person, the
new driving licence card shall expire five years from the date after the
expiry date of the driving licence card held by such person.
(b) the holder of a driving licence card may apply for a new card in the manner
contemplated in regulation 109 and the new card shall be authorised and
issued in the manner contemplated in regulation 109 (3).
(6) (a) notwithstanding the provisions of subregulation (5) (a), where a person has
applied for a new driving licence card in the manner contemplated in
subregulation (5) (b) on or before the expiry date of the driving licence card
40 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
held by such person and a driving licence of the person concerned has not
been suspended or cancelled, that card shall remain valid until the new
driving licence card has been issued in terms of subregulation (3) but not
for more than three months after the expiry date of such driving licence
card.
(b) the provisions of paragraph (a) shall only apply if the holder of the driving
licence card is in possession of the driving licence card previously issued to
him or her and proof of the fees paid in terms of regulation 109 (2) (c) for a
new driving licence card as contemplated in regulation 108 {1).".
31. The following regulation 108A is hereby inserted after regulation 108 of the Regulations:
An examiner for driving licences shall forthwith, after the examiner for driving licences
notified the applicant that he or she shall be issued with a provisional driving licence after an
examination and test in terms of regulation 107 if he or she is satisfied that the applicant must be
issued with a provisional driving licence and that the applicant is not disqualified from holding a
provisional driving licence-
(a) complete the authorisation to issue the provisional driving licence on form
DLl, as shown in Schedule 2 and record the authorisation on the register of
driving licences;
(i) complete the provisional driving licence, on which the date of birth
of the holder shall be reflected;
(iii) ensure that the applicant signs the provisional driving licence;
(iv) affix one photograph to the provisional driving licence and one
photograph to the carbon copy, or to the application form if the
provisional driving licence was printed by the computerised register;
(v) affix one lamination strip to the provisional driving licence and
another to the carbon copy, or to the application form, if applicable,
to cover the photograph, personal particulars and the code of the
provisional driving licence of the holder;
(vii) retain the application form and, if not printed by the computerised
register, the carbon copy of the provisional driving licence for record
purposes.".
32. Regulation 109 of the Regulations is hereby amended by the insertion of the following
subregulation after subregulation (1):
42 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
33. Regulation 113 of the Regulations is hereby amended by the substitution for regulation
113 of the following regulation:
Notice of a licence holder's new residential or postal address in terms of section 22 of the
Act shall-
34. The following regulations 114G to 114R are inserted after regulation 114F of the
Regulations:
(a) the particulars of every person, or the members or directors of every juristic
person in whose name such driving school shall be registered in the event
that such application is approved;
Provided that a driving school operated by an instructor registered in terms of section 288 of the
Act, prior to the implementation of this provision, shall comply with the provisions of this
regulation 12 months after implementation of this regulation.
(1) The MEC shall consider the application referred to in regulation 114G and shall,
without limiting the factors to be considered, take the following into account-
(b) the refusal of the applicant to register a driving school, by any other MEC;
(c) the refusal of any spouse or partner of the applicant to operate a driving
school; and
(2) The MEC may require or obtain any additional information to decide on the
application.
(3) The MEC shall require that any applicant or the spouse or partner of the applicant
obtain a record of previous convictions for offences mentioned under schedule 1 of the Criminal
Procedure Act from the South African Police Services.
44 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(4) If the MEC is satisfied as to the suitability of the driving school he or she shall
notify the applicant in writing of his or her decision to approve the application.
(5) If the MEC is not satisfied as to the suitability of the driving school he or she shall
refuse to register such driving school, and shall notify the applicant accordingly and shall provide
the applicant with the reasons of such refusal in writing.
(6) A person or body of persons whose application to operate a driving school has
been refused by an MEC due to the unsuitability of such person or body of persons, may not apply
in any other Province for the operation of a driving school as contemplated in regulation 114G
until such person or body of persons complies with the requirements of this Act.
(b) specify the municipal area in which the driving school will be operated;
(c) the use of vehicles which have dual controls for the purposes of training
applicants;
(f) the applicant must have two years experience as a registered instructor;
(h) proof ownership of all the vehicles which will be used for training of the
applicants;
(i) all the vehicles which will be used for training of applicants must be
registered, licensed and roadworthy; and
m all vehicles which will be used for training of applicants must be clearly
marked with a letter "L" in a legible manner on the rear window and the
sides doors of the vehicle.
(1) The MEC shall, upon receipt of an application for registration of a driving school
made in terms of regulation 114! with due regard to the evaluation and recommendations of the
inspectorate of driving schools, satisfy himself or herself that the driving school concerned
complies with the requirements referred to in regulation 114J.
(2) If the MEC is satisfied as to the suitability of the driving school in terms of
regulations 114G and 114!, he or she shall-
(a) subject to the conditions he or she may deem fit, register and grade such
driving school;
(b) record the particulars of such driving school on the register of driving
schools;
(e) give notice of the registration of the driving school in the provincial gazette
of the province concerned.
displayed in a conspicuous place where members of the public who make use of the driving
school can see such certificate.
(4) A driving school shall only be registered for the premises or access to an approved
training facility reflected on form CRI and may only be operated by the driving school owner in
whose name the driving school is registered.
(1) Subject to the provisions of subregulation (3), the driving school owner in whose
name the driving school is registered, shall, upon the change of any of the particulars submitted
in terms of regulations 114G and 1141, notify the MEC and the inspectorate of driving schools of
such change on form RI as shown in Schedule 2, within 14 days after such change.
(2) The MEC shall, upon receipt of a notification referred to in subregulation (1),
update the register of driving school accordingly.
(3) In the event that the driving school owner sell or alienate the driving school, it shall
be considered as a new application and the procedure referred to in regulation 114G shall apply.
(1) A driving school owner who desires to appoint an instructor at a driving school,
shall submit the particulars of such instructor to the MEC concerned, for approval.
{2) The MEC shall evaluate the record, registration and grading of the instructor
referred to in subregulation (1) for his or her suitability to be appointed at the driving school
concerned and shall notify the driving school owner of his or her decision.
(3) A driving school owner shall not appoint an instructor, unless the appointment of
such instructor has been approved by the MEC.
(1) The MEC shall grade a driving school as a grade A, B, C, D or L as the case may
be, if such driving school complies with the appropriate grading requirements when it is evaluated
by the inspectorate of driving schools.
STAATSKOERANT, 8 JUNIE 2012 No.35413 47
(2) (a) A grade A driving school is authorised to train a person for a driving or
learners licence of any code;
(3) The MEC may amend the grading of a driving school registered before the
implementation of this regulation, if such driving school does not fully comply with the minimum
requirements in terms of the provisions of regulation 114J.
1140. Manner of suspension or cancellation of registration of a driving
school
(1) Subject to subregulation (3), the MEC shall, upon being notified that a registered
driving school does not comply with the provisions of this Act, or upon a recommendation of the
inspectorate of driving schools that a driving school does not comply satisfy himself or herself of
the non-compliance of such driving school.
(2) The MEC shall, in considering the suspension or cancellation of the registration of
a driving school on any matter-
(a) notify the driving school owner of the failure of such driving school to
comply with the requirements of this Act; and
(b) demand from such driving school owner to indicate in writing within 14 days
from the date of the said notification-
(ii) the details of the measures that have been taken to rectify and
prevent such failure.
(3) If the MEC has an affidavit or an affirmation on any alleged criminal offence of
fraud or corruption or both committed by any driving school owner or an employee, agent or
manager of such driving school, and after proving same he or she may immediately suspend the
registration of such driving school and seize any records.
(4) If the MEC is not satisfied with the reason or measures referred to in subregulation
(2) (b), he or she shall inform the driving school owner referred to in paragraph (2) (a) and may-
(a) suspend, or
(5) If the MEC suspends or cancels the registration of a driving school, he or she shall-
(6) The person referred to in paragraph (2)(a) whose driving school registration has
been cancelled, shall within 14 days after having been notified of such cancellation, submit to the
MEC the certificate of registration issued in respect of such driving school.
(a) notify the MEC of the province concerned within 14 days of any change in
particulars or circumstances in relation to any information provided to the
MEC on the driving school;
STAATSKOERANT, 8 JUNIE 2012 No.35413 49
(b) exercise proper control over the instructor or any employee, employed at
such driving school;
(c) ensure that any person trained at such driving school is trained in
accordance with the provisions of this Act;
(e) ensure that all records pertaining to the training of any person at his or her
driving school, tax clearance certificates and certification of roadworthiness
of all motor vehicles used for training are submitted to the relevant MEC
annually.
(1) Whenever any instructor or employee of a driving school commits or omits an act
which would have constituted an offence in terms of this Act and if the driving school owner had
committed or omitted such act, that driving school owner shall, in the absence of evidence-
(a) that he or she did not connive at or permit such act or omission;
(b) that he or she took all reasonable measures to prevent an act or omission
of the nature concerned; and
(c) that an act or omission of the nature of the act or omission charged, did not
fall within the scope of the authority of or the course of the employment as
such manager, agent or employee,
be deemed himself or herself to have committed or omitted that act and be liable to be convicted
and sentenced in respect thereof.
G12-072507-D
50 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
(b) in respect of every registered driving school, conduct at least one inspection
per year to monitor the standards applied to such driving school;
(c) advise any driving school on the improvement and maintenance of training
facilities and procedures at such driving school if deemed necessary;
(e) when necessary, recommend to the MEC to suspend, degrade, or cancel the
registration of a driving school.
(2) A person who acts on behalf of the inspectorate of driving schools, may at any
reasonable time, with regard to the requirement referred to in regulation 114J, without prior
notice-
(a) enter the premises of any driving school;
(c) question any person with regard to any matter relating to the operation of
the driving school referred to in paragraph (a);and
34. Regulation 117 of the Regulations is hereby amended by the substitution for paragraph (c)
STAATSKOERANT, 8 JUNIE 2012 No.35413 51
"(c) if the applicant has, made an application before a period of four years
elapse from the date of the application, been convicted of or has paid an admission of guilt
fine on-".
35. Regulation 138 of the Regulations is hereby amended by the addition of paragraph (k)
after paragraph (j):
"(k) motor vehicle which is 10 years and older as from 1 December 2012
calculated from the first date of registration of such motor vehicle in the
Republic excluding any vintage motor vehicle: Provided that such motor
vehicle will thereafter be require to be certified roadworthy after every 24
months.".
36. Regulation 139 of the Regulations is hereby amended by the substitution for paragraph (c)
of subregulation (1) of the following paragraph:
37. Regulation 143 of the Regulations is hereby amended by the substitution for subregulation
(1) of the following subregulation:
"(1) On receipt of an application for the licensing of the motor vehicle referred to in
regulation 142, the registering authority shall, if satisfied that a licence disc may be issued in
respect of the motor vehicle concerned, issue a roadworthy certificate on form MVLl-M, MVLl-
RW, LCO OR LCTO as referred to in regulation 25(2) (e) in respect of such motor vehicle
separately.".
52 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
38. Regulation 147 of the Regulations is hereby amended by the substitution for subregulation
(1) of the following subregulation:
"(1) An inspector of licences or a traffic officer may in terms of section 3F (a) or section
31 (a) of the Act, respectively, issue a notice on form NTDVT as shown in Schedule 2 to direct that
a motor vehicle be produced at a testing station for inspection, examination or testing.".
39. Regulation 148 of the Regulations is hereby amended by the substitution for subregulation
(1) of the following subregulation:
"(1) A traffic officer, or examiner of vehicles acting in conjunction with a traffic officer,
may in terms of section 44 of the Act, issue a notice on form NTDVT as shown in Schedule 2, to
direct that a vehicle shall not be operated on a public road upon the conditions prescribed in
subregulation (2), in which event he or she shall remove and destroy the licence disc or licence
and roadworthy certificate disc of the motor vehicle.".
40. Regulation 149 of the Regulations is hereby amended by the substitution for regulation
149 of the following regulation:
No person shall operate on a public road a motor vehicle, other than a motor cycle,
motor tricycle or trailer which is not equipped with a service brake, a parking brake and an
emergency brake: Provided that-
(a) the emergency brake and parking brake may be one and the same brake;
and
41. Regulation 149A of the Regulations is hereby amended by the substitution for regulation
149A of the following regulation:
(1) No person shall operate on a public road a motor vehicle which, according to the
registration thereof, was registered for the first time on or after 1 July 1990, to which is fitted
with an anti-theft device which is connected to or in any way interferes with the braking system of
such motor vehicle
(2) The provisions of subregulation (1) will not apply to a motor vehicle which is fitted
with an anti-theft device which complies with the requirements of UN ECE Regulation 116 "The
protection of motor vehicles against unauthorised use" and which is homologated as such by the
National Regulator for Compulsory Specifications.".
42. Regulation 154 of the Regulations is hereby amended by the substitution for
subregulation (2) of the following subregulation:
"(2) No person shall operate on a public road a tractor or a haulage tractor which is not
designed for, or capable of operating at a speed exceeding 40 kilometres per hour on a
reasonably level road, or a trailer drawn by such tractor, which is registered for the first time on
54 No. 35413 GOVERNMENT GAZETTE, 8 JUNE 2012
or after 1 July 1999, unless the brakes fitted to such tractor or trailer comply with the standard
specification SANS 1447 "Motor Vehicle Safety Specification for Braking (motor and towed
vehicles, designed for low speed or for use off public roads)" Part 1: "Tractors" and Part 2:
"Trailers" or the standard specification SANS 1207 "Motor Vehicle Safety Standard Specification for
Braking", or the standard specification SANS 1051 "Motor Vehicle Safety Specification for
Braking".".
43. Regulation 155 of the Regulations is hereby amended by the substitution for regulation
155 of the following regulation:
(c) a parking brake, unless such brake, at all times, is capable of keeping such
vehicle or combination stationary for an indefinite period with the engine
disengaged on a gradient of not more than one in 8,33.
TABLE A
TABLE B
25 16 1,9 1,9
30 23 1,9 1,9
35 30 1,9 1,9
TABLE C
TABLED
15 12 0,95 0,95
20 20 0,95 0,95
25 29 0,95 0,95
30 41 0,95 0,95
35 55 0,95 0,95
(2) Compliance with the requirements contemplated in subregulation (1)(a) and (b)
STAATSKOERANT, 8 JUNIE 2012 No.35413 57
(a) actual road tests conducted on a road with a reasonable level, dry, smooth
and hard surface which is free from loose material and with the stopping
distance measured from the moment the particular brake is applied with the
engine disengaged until the vehicle comes to rest; and
(3) When testing a brake on a combination of motor vehicles, the brakes of the drawn
vehicle or vehicles shall be applied at the same moment as the brakes of the drawing vehicle.
(4) Where in any prosecution for a contravention of subregulation (1) the question
arises whether a motor vehicle or a combination of motor vehicles travelled at a particular speed,
the speed indicated by the speedometer of such vehicle or combination shall, in the absence of
evidence to the contrary, be deemed to be correct.
{i) a motor-car;
{ii) a motor vehicle with a gross vehicle mass not exceeding 3500
kilograms; or
{iii) any other motor vehicle with a tare not exceeding 3 500 kilograms,
but does not include a bus, minibus, midibus or goods vehicle; and
{b) "heavy motor vehicle" means a motor vehicle which is not a light motor
vehicle.".
58 No.35413 GOVERNMENT GAZETTE, 8 JUNE 2012
44. Regulation 159 of the Regulations is hereby amended by the addition of the following
proviso clause after subregulation (3):
"Provided that the height of the dipped beam head lamp shall not exceed 1400 millimetres
measured from the ground to the centre of the lamp.".
Amendment of regulation 169 of the Regulations
45. Regulation 169 of the Regulations is hereby amended by the addition of the following
subregulation after subregulation (3):
"(4) A motor vehicle may be fitted with stop lamps, which display a flashing light signal
during emergency high de-acceleration braking that complies with the requirements of standard
specification SANS 20013 Uniform provisions concerning the approval of vehicles of category M, N
and 0 with regarded to braking" or, SANS 20013H "Uniform provision concerning the approval of
passenger cars with regard to braking", and SANS 20048 "Uniform provisions concerning the
approval of vehicles with regard to the installation of lighting and light-signalling devices", and
which is homologated as such by the National Regulator for Compulsory Specifications.".
"(8) A haulage tractor or combination of motor vehicles where a haulage tractor is the
drawing vehicle, shall be fitted with one or more intermittently flashing amber lights in any
direction, that are visible from the front and the rear of such vehicle or combination of vehicles
and such vehicle or combination shall display such light or lights at all times while operated on a
public road.".
STAATSKOERANT, 8 JUNIE 2012 No.35413 59
47. Regulation 181 of the Regulations is hereby amended by the substitution for paragraph (c)
of subregulation (1) of the following paragraph:
"(c) except in the case of a direction indicator or reversing lamp complying with
the provisions of this regulations, or a rearward facing lamp on a truck
tractor directed so as to facilitate the safe connection of a semi-trailer and
connected such that it can be operated only when reverse gear is engaged
or when the parking brake is applied, emits a light which is not red in colour
towards the rear.".
48. Regulation 192A of the Regulations is hereby amended by the substitution for regulation
192A of the following regulation:
(1) For the purposes of this regulation contour or strip marking means yellow side and
rear retro-reflective material that shall comply with SABS ECE R104 "Uniform provisions
concerning the approval of retro-reflective markings for heavy and long vehicles and their
trailers": Provided that-
(a) application for (paragraph 3 of SABS ECE R 104) and approval of paragraph
5 of SABS ECE R104 shall not be required, but the letter "C" indicating
contour marking as referred to in paragraph 5.4.3.1 of SABS ECE R104 and
the circle surrounding the letter "E" followed by the distinguishing number
of the country which has granted approval as referred to in paragraph 5.4.1
of SABS ECE R104, shall be brought on to the retro-reflective marking
material; and
(2) (a) a goods vehicle with a gross vehicle mass exceeding 3500 kilograms; shall
be permanently affixed with counter markings on the side and the rear of
such vehicle and the rear contour markings may not be fitted more than
600 millimetres from the lower part of the body of such vehicle.
(b) a goods vehicle with a length of more than 7 metres shall be permanently
affixed with contour markings as contemplated in paragraph (a) from 1 July
2004.
(c) a trailer or caravan shall from 1 January 2004 be permanently affixed with
side and rear contour markings, contemplated in paragraph (a).
(d) any trailer or caravan shall from 1 July 2006 be permanently affixed with
side and rear counter markings, as contemplated in paragraph (a).
(e) a bus first registered from 1 July 2004 shall be permanently affixed with
side and rear markings as contemplated in paragraph (a).
(i) a motor home first registered from 1 July 2007 shall be permanently affixed
with contour or strip marking as contemplated in paragraph (a).".
STAATSKOERANT, 8 JUNIE 2012 No. 35413 61
49. Regulation 201 of the Regulations is hereby amended by the substitution for the proviso
clause after paragraph (d) of subregulation (1) of the following proviso clause:
"Provided that the provisions of paragraph (c) and (d) shall not apply to a motor vehicle to
which an anti-theft device which incorporates a siren is fitted, or to a fire-fighting vehicle, a fire-
fighting response vehicle, a rescue vehicle, an emergency medical response vehicle, ambulance or
a vehicle driven by a traffic officer in the carrying out of his or her duties, or to a vehicle driven by
a person while he or she is responding to a disaster as contemplated in the Disaster Management
Act, 2002 (Act No. 57 of 2002).".
SO. Regulation 217 of the Regulations is hereby amended by the substitution for paragraph (b)
of subregulation (2) of the following paragraph:
51. Regulation 237 of the Regulations is hereby amended by the substitution for the proviso
clause after paragraph (e) of subregulation (2) of the following proviso clause:
"Provided that the permissible maximum combination mass of a combination shall not
exceed 56000 kilograms: Provided further that in the case where the drawing vehicle is a haulage
tractor with a single driving axle, the permissible maximum combination mass shall not exceed
48000 kilograms.".
(a) the substitution for paragraph (a) of subregulation (2) of the following paragraph:
"(a) in the case of the drawing vehicle being a tractor or a haulage tractor by
400; or
"(3) No person shall operate on a public road a vehicle which is a minibus, midibus,
bus, tractor or goods vehicle if the mass in kilograms of such vehicle or of a combination of
vehicles of which such first-mentioned vehicle forms a part, whether laden or unladen, exceeds
five times the total axle massload of the driving axle or axles of such vehicle: Provided that
where the drawing vehicle in a combination of vehicles is a haulage tractor, the mass in kilograms
of such combination of vehicles may not exceed six times the total axle mass load of the driving
axle or axles of such vehicle, whether the combination is laden or unladen.".
53. Regulation 242 of the Regulations is hereby amended by the insertion of the following
paragraph after paragraph (b):
54. Regulation 245 of the Regulations is hereby amended by the substitution of the word "or''
after the word "bus" with the symbol"," and the addition of the phrase "or mobile crane" after the
phrase "goods vehicle" wherever it appear in this regulation.
55. Regulation 248 of the Regulations is hereby amended by the substitution for paragraph (e)
of subregulation (1) of the following paragraph:
"(e) the nett power in kilowatts of any bus, haulage tractor or goods vehicle;".
56. Regulation 256 of the Regulations is hereby amended by the substitution for subregulation
(8) of the following subregulation: