This section prohibits the operation of a vehicle on a public road unless the vehicle is registered and licensed in terms of the Act.

Compliance Obligations?

You must ensure that all your vehicles are registered and licensed at all times.

This section prohibits the driving of a vehicle on a public road unless the driver is licensed and has their licence on their person.

Compliance Obligations?

You must ensure that all your drivers have the correct licence to operate the vehicle they drive and that they keep their licence on them whenever they operate a vehicle on a public road. Note that if your drivers operate a vehicle which requires a professional driver’s permit to operate, you must ensure that they have such a licence (see Section 32).

This section prohibits owners or operators of vehicles from employing or permitting unlicensed drivers to operate such vehicles.

COMPLIANCE OBLIGATIONS?

You must ensure that all your drivers have the correct licence to operate the vehicle they drive and that they keep their licence on them whenever they operate a vehicle on a public road. Note that if your drivers operate a vehicle which requires a professional driver’s permit to operate, you must ensure that they have such a licence (see Section 32).

This section prohibits the operation of a vehicle on a public road unless it has been certified as roadworthy.

Compliance Obligations?

You must ensure that you vehicles are roadworthy.

This section requires operators of vehicles to be registered. Note that the owner of a motor vehicle of a prescribed class is the operator of the vehicle unless this is varied by agreement to allow another to operate the vehicle.

Compliance Obligations?

You may enter into an agreement with someone who is not a manager, employee or agent to operate your vehicle. Operator cards must be issued (section 46) and this must be displayed on the motor vehicle (section 47).

This section sets out the duties of an operator. Note the definition of “operator” in the definitions section of the legislation.

COMPLIANCE OBLIGATIONS?

If there is a change in your registration as an operator, you must notify the registering authority and return the operator card of such vehicle. All operators must keep operators cards safe and if they are lost or destroyed, this must be reported to the nearest police station within 24 hours.
Vehicles must comply with the fitness requirements contemplated in Chapter V of the Act and your operations must be conducted with due care to the safety of the public.

This section places a restriction on the transportation of prescribed dangerous goods in vehicles.

Compliance Obligations?

Note that the definition of vehicle extends to trailers and track driven machinery. Dangerous goods are defined as commodities, substances and goods listed in SANS 10228: “The identification and classification of dangerous substances and goods”. It is thus vital for an understanding of what constitute dangerous goods that a copy of this SANS standard is obtained.

Regulation 277 of the Regulations of the National Road Traffic Act describes the duties of the “operator, driver, consignor and consignee” of any organization that transports hazardous substances. Regulation 273A incorporates a number of SABS standards into the Act of which SABS 0231 "Transportation of dangerous goods - Operational requirements for road vehicles", and SABS 0232 "Transportation of dangerous goods -Emergency information systems" (Parts 1, 2 and 3) are the most applicable. This is due to the fact that the site may receive bulk deliveries of hazardous chemicals and these standards place a duty on the receiver of these goods.

This section prohibits reckless and negligent driving.

COMPLIANCE OBLIGATIONS?

You must ensure that all your drivers are properly trained and that they are prohibited from driving recklessly or negligently. Take note that a vehicle is driven recklessly if any person drives a vehicle in willful or wanton disregard for the safety of persons or property.

This section prohibits certain acts in relation to vehicles.

COMPLIANCE OBLIGATIONS?

You must ensure that only authorised persons operate your vehicles. Only these people may set the machinery in motion, place a vehicle into gear or enter or climb upon such vehicle. No person may ride in or drive a vehicle without your permission.

This section regulates acts or omissions by managers, agents or employees of a consignor and consignee. The definitions of “consignor” and “consignee” can be found in the Regulations.

Compliance Obligations?

If any of the above does or fails to do anything which, you as the consignor or consignee would have done or failed to do, would have constituted an offence, you as the consignor or consignee will be regarded as having committed the act or omission in the absence of the evidence set out in subsection (1)(a) – (c).