Update on the National Road Traffic Act - 22nd Amendment
03 November 2014 | Department of Transport

The National Department of Transport has published the long awaited Twenty Second Regulation Amendment (previously referred to as the Twenty First Amendment) to the National Road Traffic Regulations. The Government Gazette is No 38142 published on 31 October 2014.

Most of the provisions that were covered in the draft notice that was published on 8 June 2012 have been included in the amendment. Schedule 1 to the Regulations contains all the forms that must be used for purposes of the legislation. Many forms have been added or amended.

The amendment legislation covers many topics and the document is 144 pages. It is available from the Government Printers at www.gpwonline.co.za.
PLEASE NOTE the implementation clause on page 142 of the gazette - Regulation 78 is the provision with the implementation dates. The numbers in regulation 78 refer to the amendment gazette numbers and not to the numbers of the regulations once they are inserted in the main gazette.

Some of the regulations that have been implemented on 31 October 2014 are-

• Haulage tractors – various provisions relating to licences, roadworthiness, loading, etc.
• Verification of address particulars for NaTIS users (excluding the provision on website updates)
• Children under three years must be seated in a child restraint when transported in a motor vehicle (not applicable to minibuses and buses used for reward)
• The 80-sign on the back of a goods vehicle over 9000 kg GVM is now compulsory
• Management Representatives of Testing Stations may now test 150 vehicles a month instead of 5 a day.

The provisions on Consignor and Consignee requirements – regulations 330A to 330D – will be implemented in three months from the date of publication – 31 January 2015. The regulations stipulate that a consignor must determine that a vehicle is legally loaded (axles and total mass). A goods declaration is also required in terms of regulation 330C on goods vehicles. See the definitions for consignor/consignee in regulation 1.
The amendment to regulation 215 that requires speed governors on certain vehicles will be implemented on 30 April 2015.

Many provisions contained in the amendment gazette have not been implemented yet and require a further notice to be published, announcing the implementation date(s). The following are some of the provisions that are not implemented yet:

• Requirements for driving hours – regulations 272A to 272E,
• Requirements for provisional driving licences – Regulations 107, 107A -107C, 108 – 108A, 109
• Regulations on driving schools – regulations 114G to 114Q
• The amendment to regulation 138 requiring vehicles 10 years and older to be tested for roadworthiness every 24 months
• The requirement in regulation 139 for certain vehicles to be fitted with vehicle directional stability control devices (VDSCD)
• The provisions for the parking for persons with a disability

Please be aware that this is not a complete list of all the amendments and only highlights some of the more major changes.
Please note the gazette is about 2 MB.
Please note the dates for our Sixteenth Annual Road Transport Legislation Workshop 2015. Bookings will open on 1 February 2015.

26 May 2015 – Stellenbosch (Spier)
28 May 2015 – Durban (Garden Court Marine Parade)
9 June 2015 – Pretoria (CSIR)

Alta Swanepoel & Associates
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