NATIONAL ROAD TRAFFIC ACT 93 OF 1996

(b) operated on a public road under the authority of a temporary or special permit, motor trade number, motor dealer's licence or a motor transport licence, as the case may be;

(c) not operated on a public road, and for the purpose of this paragraph the words “operated on a public road” shall not be construed to include the presence of such motor vehicle on a public road for the purpose of-

(i) being driven to the premises of the owner in order to take delivery thereof;

(ii) crossing a public road from one premises of the owner to another, over a distance of not more than one kilometre;

(iii) proceeding to or from a place where repairs are to be or have been effected to such motor vehicle;

(d) a trailer drawn by a tractor;

(e) a motor vehicle referred to in regulation 21(1) or 21(5).

[Para. (e) amended by gN 2116/2001 w.e.f. 1/1/2002]

266. Categories of, and authority conveyed by, operator card

(1) The categories of operator cards and the authority conveyed thereby are:

(a) Category “G”, which authorises the operation of a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms and a breakdown vehicle, on a public road;

[Para. (a) amended by GN R404/2007]

(b) Category “D”, which authorises the operation of a motor vehicle to which regulations 273 to 283 apply as contemplated in regulation 274, on a public road; and

[Para. (b) amended by GN R404/2007]

(c) Category “P”, which authorises the operation of a bus, a midibus, a mini-bus the gross vehicle mass of which exceeds 3 500 kilograms, a mini-bus which is designed or adapted for the conveyance of 12 or more persons, including the driver or a motor vehicle used for the conveyance of persons for reward, on a public road.

[Para. (c) inserted by GN R404/2007]

[Reg. 266 substituted by GN R1341/2003]

266A.Manner of application and registration as dangerous goods operator

(1) An operator, who is required to register in terms of regulation 265(1)(c) shall apply at the appropriate registering authority for registration on form ROO, as shown in schedule 2.

(2) Upon receipt of the application referred to in subregulation (1) the registering authority shall, if satisfied that the application is in order, register such applicant as an operator of dangerous goods.

[Reg. 266A inserted by GN R846/2014 w.e.f. 31 October 2014]

267. Manner of registration of operator, issue of operator card and period of validity of operator card

(1) Subject to the provisions of section 45(1)(b) of the Act, the registering authority concerned shall register the owner of a motor vehicle contemplated in regulation 265 as the operator of that vehicle upon application for the licensing of the vehicle concerned.

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

(2) The registering authority effects the registration of an owner as operator of a motor vehicle by licensing the motor vehicle in the manner prescribed in regulation 25, but -

(a) the motor vehicle licence, licence and operator card shall be issued on form LCO as shown in Schedule2.

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

(b) the owner shall, upon receipt of form LCO, destroy any previous operator cards held by him or her with respect to the motor vehicle concerned.

Provided that in the case of a category “D” operator card, for a motor vehicle first registered 6 months after the date of publication of this proviso clause, the registering authority shall not issue such operator card unless the operator is registered in terms of regulation 266A.

[Proviso added by GN R846/2014 w.e.f. 31 October 2014]

(3) If the registering authority is required to submit the particulars of an operator to the chief executive officer as contemplated in section 45(2) of the Act, such registering authority may, subject to the provisions of regulation 269, issue the operator with a temporary operator card as contemplated in section 45(3) of the Act on form LCTO as shown in Schedule 2, in the case where the operator is not already in possession of an operator card with respect to the motor vehicle concerned.

(4) Upon receipt of the particulars of the operator as contemplated in section 45(2) of the Act, the chief executive officer shall-

(a) examine the record of the operator referred to in section 50(3) of the Act;

(b) determine whether his or her operator card is suspended.

(5) If the record of the operator indicates that such operator does not comply with the provisions of the Act, the chief executive officer shall notify the operator in terms of section 50(3)(d) of the Act.

(6) (a) The registering authority shall upon receipt of the notification contemplated in

section 45(4)(a) of the Act, issue him or her with an operator card on form LCO as shown in Schedule 2.

(b) The operator shall destroy any other previous operator card or temporary operator card issued in respect of the vehicle concerned upon receipt of the operator card.

(7) An operator card issued in respect of a motor vehicle shall be valid from the date of issue thereof, until the date on which the licence disc issued in respect of the motor vehicle concerned becomes null and void as referred to in regulation 22, but the motor vehicle may be operated on a public road for a period of 21 days after the said expiry date.

268. Application for and issue of duplicate operator card

Application for a duplicate operator card can be made upon application for licensing of the vehicle concerned as contemplated in regulation 24.

269. Conditions under which temporary operator card issued

A temporary operator card shall be-

(a) deemed to be an operator card for the period referred to in paragraph (b);

(b) valid for a period of three months from the date of issue, or up and until the decision of the chief executive officer is made known to the operator in terms of regulation 267(5), or up and until the operator is issued with an operator card in terms of regulation 267(6), whichever date is the earliest;

(c) re-issued only by the registering authority that issued such card: Provided that in the event of the decision of the chief executive officer in relation to the operator card of an operator not yet being available, a new temporary operator card shall be issued free of charge; and

(d) if it was not destroyed upon receipt of the operator card, surrendered to the registering authority concerned with the counterfoil thereof within 21 days after an operator card for the motor vehicle concerned was received by the operator.

270. Change of particulars

(1) The registering authority shall, upon receipt of a notice in terms of section 49(a) of the Act update the register of operators accordingly.

(2) If a new operator card is required, such card may be issued subject to subregulation (3), upon payment of the fee determined by the MEC of the province concerned.

(3) If a new operator card is required due to the change of address of the operator or to the change of the allocated licence number of the motor vehicles or motor vehicle of an operator under regulation 29, such card may be issued upon payment of the fee as determined by the MEC of the province concerned.

(4) Notwithstanding the provisions of subregulation (3) above, the operator card may only be issued if proof of change of particulars, as contemplated in regulation 32A(3), has been submitted.

[Subreg. (4) added by GN R846/2014 w.e.f. 31 October 2014]

271. Procedure in case of suspension

(1) If the chief executive officer suspends an operator card in terms of section 50 of the Act,

he or she shall-

(a) use form OP6 as shown in Schedule 2, to notify the operator concerned;

(b) notify the registering authority referred to in regulation 267(1), and

(c) require a traffic officer or an inspector of licences to locate and inspect the motor vehicle concerned to ensure that the operator card has been destroyed.

(2) The operator shall, upon receipt of a notice of suspension in terms of section 50 of the Act, immediately destroy the operator card and return the counterfoil of such card within seven days to the registering authority referred to in subregulation (1).

(3) The registering authority shall after receipt of the counterfoil referred to in subregulation (2), keep such counterfoil in the manner and for the period as determined by the chief executive officer.

272. Manner in which operator card to be displayed on motor vehicle

An operator card shall be displayed-

(a) if the motor vehicle is fitted with a transparent windscreen in front, by affixing such operator card in an upright position on the inside of the windscreen in such a manner that the print on the face of the operator card is clearly legible from the outside to a person standing in front or to the left front of such motor vehicle; or

(b) if the motor vehicle is not fitted with a transparent windscreen in front, by affixing such operator card-

(i) in a conspicuous position on the left side of the vehicle in such a manner that the print on the face of such operator card is clearly legible from that side; and

(ii) if such operator card is exposed to the weather, on the inside of the transparent front of a durable watertight holder, for protection.

272A.Driving time limits which apply to drivers of certain class of motor vehicles

The driving time limits contemplated in regulation 272B, will only apply to the drivers of motor vehicles contemplated in regulation 115(1)(a), (c) and (f).

Provided that the provisions of regulation 272A shall not apply to drivers of motor vehicles mentioned in regulation 115(2).

[Proposed amendment: Reg 272A to be inserted by GN R846/2014 w.e.f. a date to be determined by the Minister]

272B.Driving time limits

(1) The driving time limits, in respect of a driver of a motor vehicle mentioned in regulation 115(1)(a), (c) and (f) and who is not accompanied by another driver holding a driving licence for the category of the said motor vehicle, shall be-

(a) a maximum of five hours or 400 kilometers continuous driving time;

(b) a total maximum of 15 hours driving time in a period of 24 hours;

(i) a minimum of 15 minutes in terms of paragraph (a); or

(ii) a minimum continuous period of nine hours in a period of 24 hours;

(2) The driving time limits, in respect of a driver of a motor vehicle mentioned in regulation 115(1)(a), (c) and (f) and who is accompanied by another driver holding a driving licence for the category of the said motor vehicle, shall be those contemplated in subregulation (1) excluding the provisions of paragraph (c), and such drivers shall not alternatively drive the said motor vehicle without resting from driving for a continuous period exceeding 30 hours:

Provided that a vehicle being operated by a driver in terms of this subregulation shall, where the period as contemplated in subregulation (2) exceed 15 hours, such driver shall rest at an adequate sleeping facility with sufficient sleeping space for an adult.

[Proposed amendment: Reg 272B to be inserted by GN R846/2014 w.e.f. a date to be determined by the Minister]

272C.Recording driving time

A driver of a motor vehicle contemplated in regulation 272A (1) shall record his or her driving time in a logbook form as shown in schedule 2 and it shall contain the following information-

(a) the driver's or co-drivers name and identity number;

(b) the name of the operator or the owner of the motor vehicle and the address and contact details of such operator or owner;

(d) driving time and resting periods for 24 hour period;

(e) additional drivers in the motor vehicle;

(f) odometer reading at the beginning and the end of each drivers' driving period ;

(g) signature of the driver;

(h) origin of a trip;

(i) destination of a trip; and

(j) estimated driving time.

[Proposed amendment: Reg 272C to be inserted by GN R846/2014 w.e.f. a date to be determined by the Minister]

272D.Duties of an operator or owner in relation to the maintenance and preservation of records produced by a recording device

(1) The operator or owner of a motor vehicle shall furnish to the driver of such motor vehicle a logbook as contemplated in regulation 272C.

(2) The operator shall ensure that the driver of the motor vehicle shall comply with the requirements of regulation 272A and 272B.

(3) A copy of a logbook shall be retained by the operator or owner concerned for a period of five years and shall be made available to an authorised officer upon request.

[Proposed amendment: Reg 272D to be inserted by GN R846/2014 w.e.f. a date to be determined by the Minister]

272E.Power and duties of traffic officer in relation to driving time limits

In addition to any powers and duties conferred upon an authorised officer in terms of this Act, an authorised officer may-

(a) demand from any person referred to in regulation 115(1)(a),(c) and (f) to produce a duly completed logbook in terms of regulation 272C;

(b) inspect such logbook for compliance with provisions of regulation 272B and 272C;

(c) in the case where a driver contravene the provisions of regulation 272B, temporarily prohibit such a driver to continue to drive or be in charge of a motor vehicle until such driver has complied with such driving time limits and rest times; and

(d) forward information of transgressions of the drivers to the relevant bargaining council to act against the employer of such driver.

[Proposed amendment: Reg 272E to be inserted by GN R846/2014 w.e.f. a date to be determined by the Minister]