NATIONAL ROAD TRAFFIC ACT 93 OF 1996

(1) Notwithstanding any provisions to the contrary contained in Chapter III of the Act, a registered manufacturer, builder or importer, a motor transport contractor or motor dealer, may on a public road operate a motor vehicle which is to be registered and licensed in the Republic in terms of Chapter III of the Act but has not been registered and licensed or is registered in terms of Chapter III of the Act but not licensed and which may not otherwise be operated on a public road, under a motor trade number issued in terms of this Part for the purposes of -

(a) delivery of such motor vehicle within the Republic, by a motor transport contractor, in the course of his or her business;

(b) delivery within the Republic, sale, exchange, repair or building of a permanent structure on such motor vehicle by a motor dealer;

[Para. (b) amended by GN R846/2014 w.e.f. 31 October 2014]

[Para. (c) amended by GN R846/2014 w.e.f. 31 October 2014]

(d) reaching an examiner of vehicles, for the purpose of examination and testing by such examiner of vehicles.

[Para. (d) added by GN R846/2014 w.e.f. 31 October 2014]

Provided that in the case where such motor vehicle is loaded onto another motor vehicle and if any part of the motor vehicle loaded onto such other motor vehicle, is operated on a public road, the motor vehicle loaded onto the other motor vehicle shall display a motor trade number in the prescribed manner.

[Subreg. (1) amended by GN R1341/2003 and GN R881/2004 and substituted by GN R404/2007]

(2) A person who is a bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990), and who is a credit grantor in respect of a motor vehicle which-

(a) is subject to an instalment sale transaction, or a leasing transaction; and

(b) it desires to operate on a public road for the purpose of repossessing such motor vehicle, may, if such motor vehicle may not otherwise be so operated, operate such motor vehicle on a public road under a motor trade number issued in terms of this Part.

(3) No person shall operate a motor vehicle under a motor trade number, except for the purposes referred to in this regulation.

(4) No person shall operate a motor vehicle not intended to be registered in the Republic in terms of provisions of this Act, under a motor trade number.

[Subreg. (4) inserted by GN R404/2007]

70. Manner of application for motor trade number

(1) An application for a motor trade number shall be made to the appropriate registering authority on form MTN1 as shown in Schedule 2, and shall be accompanied by-

(a) acceptable identification of the applicant and, if the applicant is a body of persons, that of its proxy and representative and a letter of proxy; and

(b) the appropriate fees as determined by the MEC of the province concerned and if applicable, the penalties and arrear fees referred to in regulations 57 and 59.

(2) The applicant referred to in subregulation (1), shall indicate the number of motor trade numbers he or she desires to be issued with, and the purpose for which he or she desires to be issued with such motor trade numbers.

71. Motor trade number system

(1) The MEC concerned may, subject to subregulation (2), by notice in the Provincial Gazette establish a motor trade number system for the province concerned.

(2) A motor trade number system established in terms of subregulation (1), shall consist of-

(a) the letter “A” followed by two letters, three figures and the licence mark of the province concerned as contemplated in regulation 27(1); or

(b) three or four figures followed by the licence mark of the registering authority as contemplated in regulation 27(2)(a)(i), but shall not consist of vowels, except the letter was referred to in paragraph (a), or the letter “Q”.

72. Manner of issue of motor trade number

(1) On receipt of the application for a motor trade number, the registering authority-

(a) shall satisfy itself that the applicant is entitled to be issued with a motor trade number; and

(b) may, and if the applicant so requires, shall, issue an assessment showing the penalties and fees payable in terms of regulation 70(1)(b), for the issue of a motor trade number.

(2) On submission of the amount referred to in subregulation (1), the registering authority shall, subject to the provisions of regulation 59(2), and if satisfied that the application is in order-

(a) record the particulars in relation to the applicant in the register of motor trade numbers;

(b) issue on form MTN2 as shown in Schedule 2, on the conditions as such registering authority may deem expedient, as many motor trade number registration certificates as applied for; and

73. Motor trade number to be licensed

Every motor trade number issued in terms of regulation 72, shall be licensed by the holder of such motor trade number in accordance with the provisions of this Part, with the appropriate registering authority.

74. Date on which motor trade number to be licensed

(1) Liability for the licensing of a motor trade number referred to in regulation 73, shall arise on-

(a) the date of issue of the motor trade number registration certificate referred to in regulation 72; or

(b) the first day of the month following the date, of expiry, of the licence of the motor trade number in terms of regulation 77.

(2) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, in the absence of evidence to the contrary, be deemed to be the date referred to in the said subregulation.

75. Manner of application for a motor trade number licence

(1) An application-

(a) for the licensing of a motor trade number shall be made by the holder of such motor trade number, simultaneously with and on the same form as the application for a motor trade number referred to in regulation 70(1); or

(b) for a new motor trade number licence shall be made by the holder of such motor trade number licence within 21 days after the date of liability referred to in regulation 74(1)(b) on the form referred to in regulation 70(1).

(2) The application referred to in subregulation (1) shall be accompanied by the appropriate fees as determined by the MEC of the province concerned and if applicable, the penalties and arrear fees referred to in regulations 57 and 59.

76. Manner of licensing of motor trade number

(1) On receipt of the application for the licensing of a motor trade number the registering authority may, and if the applicant so requires, shall, issue an assessment showing the appropriate fees as determined by the MEC of the province concerned and if applicable the penalties and arrear fees referred to in regulations 57 and 59 for the licensing of the motor trade number concerned.

(2) The registering authority shall, subject to the provisions of regulation 59(2), upon payment of the fees and penalties referred to in subregulation (1), and if satisfied that the application is in order-

(a) licence the motor trade number;

(b) update the particulars in relation to the motor trade number concerned in the register of motor trade numbers;

(d) as proof of the possession of such motor trade number licence, subject to the provisions of regulation 78(5), issue a motor trade number licence disc on form MTN3 as shown in Schedule 2, which shall be completed in black non-fading ink.

77. Period of validity of motor trade number licence and motor trade number licence disc

(1) Subject to subregulation (2), a motor trade number licence and motor trade number licence disc shall be valid for a period of 12 months from the first day of the month in which such licence or disc was issued and the date of expiry of such motor trade number licence shall be shown on the motor trade number licence and such licence disc.

(2) If the holder of such motor trade number applies for a new motor trade number licence and motor trade number licence disc as contemplated in regulation 75(1)(b) before the expiry date of the current licence and licence disc, the period of validity of the new licence and licence disc shall be calculated from the first day of the month which follows on the expiry date of the current licence and licence disc.

78. Motor trade number licence assessment

(1) If the MEC concerned deems it expedient, he or she may forward a motor trade number licence assessment to the postal address of the holder of a motor trade number, on form MVL2 as shown in Schedule 2, for a new motor trade number licence.

(2) For the purpose of an application for a new motor trade number licence upon receipt of the motor trade number licence assessment, the holder shall submit such assessment together with the appropriate fees as determined by the MEC of the province concerned and penalties and arrear fees referred to in regulations 57 and 59, to the appropriate registering authority and such submission shall serve as an application for a new motor trade number licence.

(3) The registering authority shall, on submission of the appropriate fees and penalties and arrear fees referred to in subregulation (2), and if the application is in order, licence the motor trade number in the manner contemplated in regulation 76(2).

(4) If the holder did not receive the motor trade number licence assessment referred to in subregulation (1), such holder shall apply for a new motor trade number licence in the manner contemplated in regulation 75(1)(b).

(5) If a motor trade number is required to be licensed in terms of the provisions of this Part and an application for the licensing of such, motor trade number is not received within three months from the date of expiry referred to in regulation 77, the registering authority shall cancel such motor trade number.

(6) The cancellation of a motor trade number in terms of subregulation (5), shall not exempt the holder of such motor trade number from the liability for the payment of the penalties and arrear licence fees referred to in regulations 57 and 59.

79. Procedure for change of particulars of holder of motor trade number

(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

(b) submit proof, in terms of regulation 32A(3), of such change.

[Subreg. (1) substituted by GN R846/2014 w.e.f. 31 October 2014]

(2) If the name or identification number as reflected in the acceptable identification of the holder of a motor trade number changes, such holder shall within 21 days from such change-

(a) notify the appropriate registering authority of such change on form MTN1 or NCP as shown in Schedule 2;

[Para. (a) amended by GN R1066/2005]

(b) submit the new acceptable identification; and

(3) Where the proxy or representative of the holder of a motor trade number changes, the notice referred to in subregulation (1) shall be accompanied by the acceptable identification of the new proxy or representative and a new letter of proxy.

(4) On receipt of the notification referred to in subregulation (1) or (2), the registering authority shall

(a) ensure that such notification is in order;

(b) update the particulars in relation to the person or body of persons concerned in the register of motor trade numbers;

[Para. (c) deleted by GN R1066/2005]

(d) in the case of a notification in terms of subregulation (2), issue a new motor trade number registration certificate to the holder upon payment of the appropriate fees for the issue of a duplicate document as determined by the MEC of the province concerned.

(5) If a motor trade number is held by a partnership and one of the partners dies or ceases to be a partner of such partnership or a new partner is admitted thereto, or if a person obtains from the estate of a deceased spouse the business of a-

(a) motor transport contractor;

(b) manufacturer;

(d) importer;

(e) motor dealer; or

(f) bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990), and a motor trade number is in force in respect of such partnership or business, every such motor trade number shall, notwithstanding any provisions to the contrary contained in this Part, remain in force for the unexpired period of the motor trade number licence concerned, in respect of such partnership or business and that partnership or new owner of the business shall be deemed to be the holder of the motor trade number.

80. Cancellation of motor trade number

(1) Whenever the holder of a motor trade number has, in the opinion of the MEC concerned, contravened a provision of this Chapter in the course of carrying on the business of a motor transport contractor, manufacturer, builder, importer, motor dealer or bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990), as the case may be, such MEC may cancel such number.

(2) If a motor trade number referred to in subregulation (1) has been cancelled, the holder of such number shall forthwith surrender the motor trade number registration certificate, motor trade number licence, motor trade number licence disc and the plate referred to in regulation 82 to the appropriate registering authority for the defacement of such registration certificate and such licence and the destruction of such licence disc.

(3) If -

(a) the holder of a motor trade number no longer requires such number; or

(b) the holder of a motor trade number ceases to carry on the business referred to in subregulation (1), such holder shall forthwith apply to the appropriate registering authority on form MTN1 as shown in Schedule 2, for the cancellation of such motor trade number and such application shall be accompanied by the relevant motor trade number registration certificate, motor trade number licence, motor trade number licence disc and the plate, referred to in regulation 82.

(4) On receipt of the application referred to in subregulation (3), the registering authority shall

(a) cancel the motor trade number;

(b) deface the motor trade number registration certificate and the motor trade number licence;

(d) update the particulars pertaining to the motor trade number in the register of motor trade numbers accordingly.

81. Number issued in prescribed territory

A number which has a similar purpose to that of a motor trade number, and which is issued in a prescribed territory in accordance with-the laws of such territory, shall be deemed to be a motor trade number for the purposes of this Part when such number is displayed on a motor vehicle which is operated on a public road in the Republic for the period for which and subject to the conditions under which it was issued.

82. Display of motor trade number and motor trade number licence disc

(1) A motor trade number shall be displayed on a plate referred to in regulation 35 and in accordance with the provisions of that regulation: Provided that a motor vehicle other than a motor cycle, motor tricycle, motor quadrucycle or trailer, shall be equipped with only one such number plate to the rear of the motor vehicle, and such plate shall-

(a) if such motor vehicle has a rear window, be displayed on the inside of such window in an upright position so that each letter and figure of such plate shall be clearly legible when viewed from the rear of the motor vehicle; or

(b) if such motor vehicle has no such rear window or the rear window is too small to display such motor trade number, on the back of such motor vehicle in an upright position and so that each letter and figure of such plate shall be clearly legible when viewed from the rear of the motor vehicle.

(2) A motor trade number licence disc issued in terms of regulation 76 shall be affixed to the inside of the transparent front of a durable watertight holder.

(3) The watertight holder referred to in subregulation (2), shall be attached to the motor trade number plate so that the print on the face of the motor trade number licence disc is clearly legible as contemplated in subregulation (1).

(4) No motor trade number shall be permanently affixed to any motor vehicle. Provided that the motor trade number displayed on the motor vehicle which is being tested by a registered manufacturer, builder or importer may be secured in such a way that the motor trade number does not interfere with noise measurements.

[Subreg. (4) substituted by GN R404/2007]

83. Right of appeal to MEC

(1) Any person who is aggrieved at the refusal of a registering authority to issue a motor trade number to him or her may, within 21 days after the date of such refusal, in writing appeal against such refusal to the MEC concerned and such person shall at the same time serve a copy of such appeal on the registering authority concerned.

(2) After receipt of the copy of the appeal referred to in subregulation (1), the registering authority concerned, shall forthwith furnish the MEC concerned with reasons for the refusal to which such appeal relates.

(3) For the purpose of deciding an appeal referred to in subregulation (1), the MEC concerned may require each party to the appeal, to furnish the information and evidence as he or she may deem necessary.

(4) The MEC may, after considering the appeal, give such decision as he or she may deem fit.

Part II

Temporary and special permits

84. Circumstances in which motor vehicle may be operated on public road under temporary or special permit

(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, and which may not otherwise be operated on a public road, may-;

[Words preceding para. (a) substituted by GN R846/2014 w.e.f. 31 October 2014]

(a) if he or she is to become the owner of such motor vehicle in the Republic, obtain a temporary permit in respect of such motor vehicle in order to operate such motor vehicle on a public road as if it is registered and licensed, if such motor vehicle is to be -

(i) delivered within the Republic by or to such person;

(ii) delivered within the Republic by or to a motor dealer, or

(iii) registered and licensed in terms of Chapter III of the Act, but only during the period permitted for such registration and licensing; or

(b) obtain a special permit in respect of such motor vehicle in order to operate such motor vehicle on a public road as if it is registered and licensed for purposes of -

(i) testing such motor vehicle within the Republic;

[Subpara. (i) substituted by GN R846/2014 w.e.f. 31 October 2014]

(ii) proceeding to or returning from a place within the Republic where repairs are to be or have been effected to such motor vehicle;

(iii) reaching an examiner of vehicles or mass measuring apparatus; or

(iv) repossessing such motor vehicle, as contemplated in regulation 69(2).

[Subreg. (1) amended by GN R1341/2003 and substituted by GN R404/2007]

(2) A temporary permit-

(a) shall not be issued in respect of a motor vehicle referred to in regulation 138(1) unless a certification of roadworthiness in respect of such motor vehicle is submitted; or

(b) which is blank, may only be issued to a motor dealer.

(3) The owner of a motor vehicle which is licensed and who cannot comply forthwith with the provisions of regulation 35 or 36, may obtain a temporary permit in order to operate the motor vehicle on a public road.

(4) A special permit shall not authorise the holder of such permit to convey persons or goods in the motor vehicle concerned.

(5) A temporary or special permit shall not be issued in respect of a motor vehicle not intended to be registered in the Republic, in terms of provisions of the Act, unless such motor vehicle is already registered in the Republic in terms of Chapter III of the Act.

[Subreg. (5) inserted by GN R404/2007]

(6) No person shall operate a motor vehicle not intended to be registered in the Republic in terms of provisions of the Act, under a temporary or special permit, unless such motor vehicle is already registered in the Republic in terms of Chapter III of the Act.

[Subreg. (6) inserted by GN R404/2007]

85. Manner of application for temporary or special permit

(1) If a motor dealer requires a series of blank temporary permits, he or she shall apply to the appropriate registering authority, on form MTN1 as shown in Schedule 2.

(2) If a temporary or special permit is required for a motor vehicle, the application for such permit shall be made to the appropriate registering authority on form TSP1 as shown in Schedule 2: Provided that if a motor vehicle is obtained from a motor dealer, the owner of such motor vehicle may obtain a temporary permit from such motor dealer.

[Subreg. (2) amended by GN R1066/2005]

(3) An application referred to in subregulation (1) or (2), shall be accompanied by -

(a) the acceptable identification of the applicant, and, if the 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 and if applicable, the penalties and arrear fees referred to in regulations 57 and 59; and

86. Temporary or special permit number system

(1) The MEC concerned may, subject to subregulation (2), by notice in the Provincial Gazette establish a temporary or special permit number system for the province concerned.

(2) A temporary or special permit number system established in terms of subregulation (1) shall consist of

(a) the letter “E”, followed by two letters, three figures and the licence, mark of the province concerned as contemplated in regulation 27(1); or

(b) the licence mark of the registering authority concerned as contemplated in regulation 27(2)(a)(i), followed by four or five figures and the letter “P”,

but shall not include vowels, except for the letter “E” as contemplated in paragraph (a), or the letter “Q”.

87. Manner of issue of temporary or special permit

(1) On receipt of the application referred to in regulation 85(1) or (2), the registering authority may, and if the applicant so requires, shall issue an assessment showing the appropriate fees as determined by the MEC of the province concerned and if applicable, the penalties and arrear fees referred to in regulations 57 and 59.

(2) On submission of the assessment and upon payment of the fees and penalties referred to in subregulation (1), the registering authority shall, subject to the provisions of regulation 59(2), and if satisfied that the application is in order

(a) record the particulars pertaining to -

(i) the applicant; and

(ii) if applicable, the date, number and place of issue of a certification of roadworthiness, referred to in regulation 85(3)(c); in the register of motor vehicles; and

(b) issue a series of blank temporary permits or a duly completed temporary or special permit, as the case may be, on form TP or SP as shown in Schedule 2.

[Para. (b) amended by GN R1066/2005]

(3) The motor dealer referred to in regulation 85(2) shall -

(a) upon payment of the appropriate fees referred to in regulation 85(3)(b), complete the temporary permit and counterfoil on form TP as shown in Schedule 2;

[Para. (a) amended by GN R1066/2005]

(b) issue the temporary permit to the owner of the motor vehicle concerned and retain the counterfoil; and

(c) if applicable, record the date, number and place of issue of a certification of roadworthiness, referred to in regulation 85(3)(c) on the counterfoil.

(4) A permit issued in respect of a motor vehicle in a prescribed territory in terms of any law relating to motor vehicles in force in that territory and serving the same purpose as a temporary or special permit shall, if the provisions of the law of such prescribed territory relating to the operation of a motor vehicle on a public road under such permit, is complied with, shall be deemed to be a temporary or special permit, whichever the case may be, issued under this Part for the period for which and subject to the conditions under which it was issued.

(5) No motor dealer shall issue a temporary permit which has not been issued to such motor dealer in terms of subregulation (2)(b), or issue more than one permit to the same person in respect of the same motor vehicle.

(6) A registering authority may, at any time after reasonable notice to a motor dealer, order that all unused temporary permits be returned, or the said dealer may return such permits, without any amount being refundable.

88. Period of validity of temporary and special permit

(1) The date of commencement and the date of expiry of a temporary permit and special permit, as the case may be, shall be recorded on such permit and such a permit shall be valid-

(a) in the case of a temporary permit, for a period of 21 days, calculated-

(i) in respect of a motor vehicle which is licensed and in respect to which the owner cannot comply forthwith with the provisions of regulation 35 or 36, from the date of issue of such temporary permit; or

(ii) for any other motor vehicle, from the date on which liability for the licensing of such motor vehicle arises; or

(b) in the case of a special permit, for a period of three days calculated from the date specified by the applicant in the application form: Provided that such date shall not be more than seven days after the date on which the application is made.

(2) The provisions of subregulation (1) shall not apply to blank temporary permits issued to a motor dealer in terms of regulation 87(2)(b).

89. Display of temporary or special permit

(1) A permit issued in respect of a motor vehicle in terms of regulation 87(2)(b) or 87(3)(b), shall be displayed-

(a) if such motor vehicle has a rear window, on the inside of such window in the lower left-hand corner when viewed from the rear of the motor vehicle, so that the inscription thereon is legible through the glass; or

(b) if such motor vehicle does not have a rear window, on the rear of the motor vehicle in a conspicuous place.

(2) No person shall operate on a public road a motor vehicle on which is displayed a temporary or special permit or anything purporting to be such a permit, which is not applicable to such motor vehicle.

(3) No person shall operate on a public road a motor vehicle on which a temporary or special permit is displayed which is in any way obscured or has become illegible, except if such permit is temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor vehicle.

90. Duty of motor dealer in respect of temporary permit

A motor dealer shall-

(a) in respect of every temporary permit issued by him or her to an applicant in terms of regulation 87(3)(b), keep a record by means of the completed counterfoil in order to ascertain the name and address of the applicant, as well as, if applicable, to ascertain the date, number and place of issue of a certification of roadworthiness; and

(b) within 14 days after the date of issue of the tenth permit in a book, return to the appropriate registering authority every book of 10 counterfoils so completed.