NRTA_COURSE_Univ_of_JHB_2014

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National Road Traffic Act, 1996
University of Johannesburg
Alta Swanepoel
EE
N
Contact details
• altaswanepoel @mweb.co.za
• www.altaswanepoel.co.za
•
•
•
•
Workshops
27 May 2014 – Stellenbosch
29 May 2014 – Durban
10 June 2014 - Pretoria
Training material
• National Road Traffic Act,
1996 and AARTO Act, 1998
• Legislation in Road
Transport – general info
and occupational and
safety legislation
• Student guide
• Assignment – May 2014
Amendments to legislation
• Continuously amended
• Provisions as contained for
examination
• Many amendments in the
pipeline
– Driving hours
– Consignor/consignee
– Provisional driving licences
INTRODUCTION
•
•
•
•
•
Purpose
Content of course
NRTA
Occupational safety
Short summary on other
acts
• Open book exam
Legislation
• National – Parliament
• Provincial – Provinces EXEC
• By-laws – municipal
OTHER Acts
 NLTA-National land transport
 AARTO- Administrative
adjudication
 CBRT – cross-border
TRAINING MANUAL
• Mix of Act and regulations
• Sections of act and
relevant regulations
grouped together
• Divided by topic, not by
numbers
• “Prescribed”
AMENDMENT ACTS
• References to Road Traffic
Management Corporation
– Not introduced yet
• Reincorporated provincial
legislation – Sections with
A,B, C, etc. e.g 3B
• Provincial Acts contain
- Fees
- Number plate
legislation
- General matters
Definitions
Definitions
• Very important
• Gives meaning to specific
words
• Alphabetical order
• Definitions in section 1 of
act and regulation 1 of
regulations
• Check before questions
are answered
NRTA PROVISIONS
• Owner – person who use and enjoy motor
vehicle
• Title holder – person who gives permission to
sell vehicle
• Section 73 of NRTA creates a presumption:
– Owner drove/parked vehicle,
if driver unknown
– Corporate body = owner, presumed
director or servant drove vehicle
as duty or to further interest of company
Proxy legislation
• The legislation relates to owners/operators of
motor vehicles
• There is no definition of a “proxy” or a
“representative” in the legislation
• The provisions of the different acts allocate duties
an liability to owners, operators, directors or
servants of companies
• The responsibility to allocate duties and the
management of liability remains with the owner or
directors of a company – the legislation stipulates
the duties but not the manner in which it must be
managed
Motor vehicle
• Motor vehicle:
– Vehicle that is self-propelled
– Includes trailer
– Excludes
• Mechanical wheel chair
under 230 kg
• Pedestrian controlled
vehicle
ARTICULATED MOTOR VEHICLE
• Combination of motor
vehicles consisting of a
truck-tractor and a semitrailer
• All definitions need to be
checked to determine the
exact meaning of
definition
GAPBETWEENTHEORYANDPR
GTHE
ACT
DGIN
ICE
BRI
14
TRACTOR
• Tractor is a motor vehicle
that is designed to draw
other vehicles and not to
carry any load
GAPBETWEENTHEORYANDPR
GTHE
ACT
DGIN
ICE
BRI
15
TRUCK-TRACTOR
• Truck-tractor is a motor
vehicle designed to draw
other vehicles, not to carry
any load except that
imposed by a semi-trailer
or ballast
GAPBETWEENTHEORYANDPR
GTHE
ACT
DGIN
ICE
BRI
16
GOODS VEHICLE
• A vehicle that is designed or adapted to
carry goods
• Goods means any moveable property
• Excludes a motor car, minibus, bus,
motorcycle, tricycle, quadrucycle
• Includes a truck tractor, adapter and
converter dolly, breakdown
GAPBETWEENTHEORYANDPR
GTHE
ACT
DGIN
ICE
BRI
17
A semi-trailer is a trailer with no front
axle and so designed that at least 15% of
its load is superimposed on the vehicle
drawing it
BUS
• Bus: Designed Or
adapted to carry
more than 16 people
including driver
MIDIBUS
• Vehicle designed or
adapted to carry 17 to 34
persons
• All references to a bus
includes a midibus
• NLTTA related
MINIBUS
• Minibus: Designed or
adapted to carry
more than 9 not
more than 16 people
MOTOR CAR
• Motor car: Designed
or adapted to carry
up to 9 people
PUBLIC ROAD
• Any road, street or
thoroughfare where the
public or part of the public
have common use or right
of access,
• Includes culverts and
bridges
• Whole road reserve is part
of the public road
• Distinguish from “roadway”
OPERATE ON A PUBLIC ROAD
• Operate includes permit to
operate
• Have a vehicle on a public
road
• Permit to have a vehicle on
a public road
• If owner gave permission
he can be prosecuted as
well
Definitions
• Acceptable identification
• Modify
• Appropriate registering
authority
• Traffic officer
• Number plate
Powers of officers
Registration and licensing
•
•
•
•
Sec 4 and reg 3 to 90
Reg 3 to 17 – Registration
Reg 18 to 34 – licensing
Reg 35 and 36 – number
plates and discs
• Reg 69 – motor trade
numbers
• Reg 84 – temporary permits
Registration and licensing
•
•
•
•
Title holder - registers
Owner – licenses
Definitions
Owner responsible for
traffic fines
• Proxy must be appointed if
owner is body of persons
• Micro dots – reg 56
Driving licences and Prdp’s
Driving licences
• Section 12(a) – Must be
licenced
• Section 12(b) – Must have
licence or document in vehicle
• Card – 5 years (reg 108(5)
• Valid for 3 months with receipt
• Reg 100 – TDL – 6 months
– Affidavit – 3days
Learner’s licences
•
•
•
•
•
•
Reg 99
Codes 1,2 and 3
Valid for 24 months
Driver in vehicle
May drive on freeway
May carry passengers,
except motor cycle
• No “L” required on vehicle
Driving licences
•
•
•
•
Reg 99 to 113
Codes, type of licence, authorisation
Licence code Reg 99
Limits on vehicle and driver 0 – see
codes on licences
• Prdp particulars:
P
G
D
• Validity period: Licence still valid if Prdp
expired
- 5 years
Licence
- 2 years
Prdp
Motor cycle codes: Allows motor tricycles, quads, sidecars
A1
Motor cycles up to 125
cc
A
Motor cycles over 125
cc
Other motor vehicles – limit on trailer 750 kg GVM – No
articulated vehicles
B
Up to 3500 kg
Tare & GVM
C1
3501 kg – 16000 kg
Tare & GVM
C
16000 kg +
Tare & GVM
Other motor vehicles – No limits on trailers +articulated
EB
Up to 3500 kg
Tare,
GVM & GCM
EC1
3501 kg – 16000 kg
Tare, GVM & GCM
EC
16000 kg +
Tare, GVM & GCM
FOREIGN LICENCES
•
•
•
•
•
•
•
•
•
Sec 23 and reg 110
Valid in country of issue
English/ translation
Photo
Signature
SA ID – must exchange in 5 years
Not been in SA for 3 months
Check with insurance
IDP – International Driving permit
PROFESSIONAL DRIVING
PERMITS
• Sec 32
• Categories of drivers that need them – Reg
115(1)
• Exemptions Reg 115(2)
• Disqualifications – Reg 117. Note previous
convictions. Drunken driving, reckless
driving, violent offences
• Valid for 24 months. If reapplied before
validity expires, will stay valid until new
permit is received or 4 months
Reg 120 + 122
PROFESSIONAL DRIVERS
The following drivers need Prdp’s
• All goods vehicles over 3 500 kg GVM
• All buses
• All minibuses over 3 500 kg GVM or 12
seats and NLTTA drivers
• All DG vehicles over 3 500 kg
• All 11 seaters and less operating for
reward
• All motor vehicles with 12 or more
people in, includes the driver
• All breakdown vehicles
Automatic suspension of
licences Sec 35
• Offences:
–
–
–
–
–
Drunken driving
Reckless driving
Hit and run accidents
Over 30 km/h in urban area
Over 40 km/h outside an urban
area
• Time periods:
– 6 months – first offence
– 5 years - second offence
– 10 years – third offence
Roadworthiness of vehicles
Roadworthiness of vehicles
• Roadworthy certificates – Sec 42, Reg 138
& 142
- Goods vehicles over 3500 kg GVM
- DG vehicles under 3 500kg
- Buses (17 seats +)
- Minibuses: 12 – 16 seats or
GVM over 3500 kg
- Breakdown vehicles all – GVM
irrelevant
- Other motor vehicles transporting
persons for reward (up to 9 seats + 10 +
11 seat minibuses) + NLTTA vehicles
Operators
OPERATORS
• Applicable to
-
-
goods vehicles with
GVM over 3500 kg
breakdown vehicle
DG vehicles under
3 500kg AND OVER
3 500 KG
buses
midibuses
minibuses 12
seats/GVM 3500
KG
other passenger
vehicles for reward
Duties of operator
• Information
• Protect card
• Control driver – Prdp and
overloading
• Vehicle fitness
• Safety of public
• Dangerous goods
• Loading and transportation
Transportation of Dangerous
Goods
Dangerous goods
•
•
•
•
•
•
Section 54 and 55
Regulations 273 to 283B
Detail legislation
SANS specifications
Exempt quantities
Normally charge for sec 54
SANS 0228
CLASSIFICATION
CLASS 1
EXPLOSIVES
6 Sub-Classes
CLASS 2
GASES
Class 2. 1
EXPLOSIVE
Flammable
Class 2.2
Non-Flammable Non-Toxic
Class 2.3
Toxic
4/13/2015
45
Development and Copyright - D.G.Consultants
SANS 0228
CLASSIFICATION
CLASS 3
FLAMMABLE LIQUIDS
CLASS 4
FLAMMABLE SOLIDS
Class 4.1
Flammable Solids
4/13/2015
Class 4.2
Liable to Spontaneous
Combustion
Class 4.3
Dangerous when wet
Emit flammable gases
Development and Copyright - D.G.Consultants
46
SANS 0228
CLASSIFICATION
CLASS 5
OXIDIZING AGENTS
Class 5.1
Oxidizing Agent
Class 5.2
CLASS 6
Organic Peroxide
TOXIC & INFECTIOUS SUSBSTANCES
Class 6.1 Toxic Substances
Class 6.2
Infectious Substances
4/13/2015
47
Development and Copyright - D.G.Consultants
SANS 0228
CLASSIFICATION
CLASS 7
RADIOACTIVE MATERIAL
CLASS 8
CORROSIVES
CLASS 9
MISCELLANEOUS SUBSTANCES
4/13/2015
48
Development and Copyright - D.G.Consultants
Dangerous goods
• Regulation 282
 Requirements for DG inspectors
• Regulation 283A
 Powers for traffic officers on DG
prescribed
• Regulation 283B
 Presumption created – if package
marked DG or tremcard states
product – regarded as DG –
kilograms = litres
Road Traffic Signs
Specific offences
Speeding
•
•
•
•
•
•
•
•
•
Sec 59
Reg 292 and 293
General speed limit
Special limits for goods vehicles
and buses
Part 29 – 10 km tolerance
Prosecution guideline
General rules for types of
equipment – Back of manual
Must keep records
Radar, laser, Vascar,
Speeding and traffic signals
•Sec 341 notices in the case of
camera offences for speeding must
be posted within 30 days (used to
state – issued)
•Notice must be issued to offender
for red traffic light – must serve sec
54 summons
•Information on NaTIS and
photograph must correspond before
notice is issued
•Limit for laser prosecutions
extended to 500 metres
•Laser may be mounted in car if
stabilised
•Speeding
•Regulation 293
 Maximum limit for breakdown vehicles –
80 km/ph
 12 seaters & minibus – 100 km/ph
 Trucks over 9 tons – 80 km/ph
 Buses – 100 km/ph
Drunken driving
• Technical offences
– Blood alcohol
• Private drivers 0.05 grams per100ml
• Professional drivers 0.02 grams per
100ml
– Breath alcohol
• Private drivers 0.24 mg per 1000ml
• Professional drivers 0.10 mg per
1000ml
• Offence to refuse blood and breath
alcohol tests
• May not smoke after being stopped
• Screener used to detect alcohol
Presumptions
Legal Presumptions
• Legal tool to assist state
• Certain facts presumed
• Burden on accused to
create doubt on facts
• Vital tool to ensure legal
system is not frustrated
• Sections 69 to 73
• Various other presumptions
Equipment of vehicles
All equipment
• Brakes reg 149 to 156
• Lamps reg 157 to 185
• Reflectors and indicators
reg 186 to 199
• General equipment
• Steering – reg 200
• Glass of windows – reg 202
• Wheelflaps reg 217
• Rear underrun reg 218
• Brakes
Reg 149 to 156
 Reg 154 – ABS brakes are required
for trailers registered after 14
February 2004
 Brakes
 Small trailers – GVM under 750 kg –
parking brake
Trailers 750 kg tot 3 500 kg –
parking and overrun brake
Trailers over3 500 kg – parking
brake and service brake
LAMPS
•
•
•
•
•
Reg 157 to 185
Compulsory lamps – shall
Optional lamps – may
If fitted – must be functional
Reg 183 – no flashing
lamps
• Reg 185 – No lamps
allowed other than
prescribed
Specific lamps
• Flashing lamps – reg 176
– Blue SAPS and Traffic
– Red – ambulance, fire and
doctors
– Green- civil defence
– Amber – breakdown,
maintenance, abnormal
• Fog lamps – reg 163
Chevrons
• All trailers
• All other vehicles with a
GVM exceeding 3 500 kg
• Must fit –
– Full chevron
– Cut chevron if full does not fit
– Reflectors if cut chevron
does not fit
– 2 red triangles i s o chevron
on trailers up to 3 500 kg
Contour markings
• Regulation 192A
 Goods vehicle – longer than 7 m
 Trailers – new after July 2004
 All trailers after January 2006
 Bus – new after July 2004
 All buses – after July 2006
Goods vehicles over 3 500 kg
Mini and midibuses used for
reward or ito NLTTA
Regulation 212 - Tyres
• Tyres of all NLTTA vehicles
must have be commercial
steel radial tyres
• Vehicle directional stability
control devices – on
steering wheels of NLTTA
vehicles – not
implemented yet
REGULATION 213 – Seat belts
• Regulation 213
 Driver responsible that
passengers wear seat belts
 Child restraints may be
compulsory
• Seat belts must be fitted to all
seats of new mini-, midi- and
buses from 1 Jan 2006
• 2-point belts may be installed –
provision should only apply to
minibuses and buses
Regulation 214 – Warning triangles
• Amended a number of
times
• New vehicles after July
2006 – must have triangle
• Vehicles over 3 500 kg –
must have collapsible
triangle
• Vehicles under 3 500 kg –
may still have “old”
triangle
EQUIPMENT
• Wheel flaps – reg 217 –
truck-tractors exempt
• Rear under-run – protection
– reg 218
• One axle or axle-unit fitted
to semi-trailer registered
after 1 July 1999
• Exemptions – reg 220
Dimensions – Reg 221 to 230
• Restrictions on:
– Height
– Length
– width
• Projections
• Combinations of vehicles
Loading of vehicles
Loading of vehicles
• Permissible maximum mass
Reg 234 - 237
• Calculate the axle, axleunit, vehicle and
combination masses
• Determine permissible
• Subtract tare mass and
other mass on vehicle
• Determine payload
Elements
• Safety
– Tyres: SABS 1550 or manufacturer
specifications. Tyre overload will cause
damage to tyre. Inflation pressure
relevant
– Manufacturer specifications: Plate on
goods vehicles, buses and minibuses
• Infrastructure protection
– Roads: reg 240
– Bridges: reg 241
Tyres – REG 238
• Tyre sizes
• Inflation pressure relevant
• Single or duel mounted
tyres have different masses
• Manufacturer
specifications in pounds,
must be converted to
kilograms
• SABS 1550
Manufacturer specifications – REG
239 and REG 245
•
•
•
•
•
•
•
•
GA
gross axle mass
GAU
gross axle unit mass
GVM
gross vehicle mass
GCM
gross combination mass
GKM
gross kingpin mass
T
tare
P/D
power of engine – kilowatts
Owner responsible for correct info on
plate
Manufacturer’s specifications
• Safety
• Power of engine must be sufficient to
draw vehicle
• 240 kg for 1 kilowatt power
• Traction = 5 x actual mass on driving
axle/s
• Gross masses = maximum allowed before
safety is jeopardised
Road and bridge costs
• Road building costs exorbitant
• Maintenance of roads also very expensive
• Axles have to be limited to avoid damage
to road surface and foundation
• Distribution of mass – important to protect
bridges
• Gauteng project – 20 billion rand
Road limits – REG 240
•
•
•
•
1 axle, 2 or 3 wheels –
1 steering axle, 2 wheels –
1 axles, 4 wheels –
Axle-unit, 2 axles, 2 or
3 wheels each –
• Axle-unit, 2 axles,
4 wheels each –
• Axle-unit, 3axles, 2,3 or
4 wheels each –
8 000kg
7 700kg
9 000kg
16 000kg
18 000kg
24 000kg
Bridge formula – REG 241
• Distance between axles of axle groups
measured
(L)
• (L) x 2100 + 18 000 = max mass according to
bridge formula
• Combinations must be measured on both sides
• Round measurement up,
e.g. 15.46 m = 15.50m
• Any group may be used
• Axle-units may not be used for
bridge formula
Formulas –REG 234 to 237
• Permissible maximum masses
• Creates formula to determine overloading
• 234 + 235 = Axles and axle-units – same
principles
• 236 + 237 = vehicles and combinations –
same principles
AXLES and AXLE-UNITS Reg 234 +
235
• Have to determine the permissible
maximum axle and axle-unit mass load=
least of three masses:
• 3 elements:
– Tyres = reg 238
– Manufacturer specifications = reg 239 and 245
– Road limits = 240
Calculation
• Tyres – Reg 238
• Least of masses
22 12.5R = 3000kg
• 9 000kg
4 tyres x 3000 =
12 000kg
• Manufacturer’s specs –
Reg 239 + 245
GA 10 000kg
• Road limit – Reg 240
9 000kg
Axle-unit – REG 235
• Tyres – Reg 238
22 12.5R = 3000kg
8 tyres x 3000 =
24 000kg
• Manufacturer’s specs –
Reg 239 + 245
GAU 20 000kg
• Road limit – Reg 240
18 000kg
Permissible mass
18 000 kg
Vehicles and combinations
Reg 236 and 237
•
•
•
•
Sum of axles and axle-units
GVM or GCM
P/D x 240 (400 – tractor)
5 x actual mass of driving
axle/s
• Bridge formula: (L) x 2100 +
18 000kg
• Proviso:
56 000kg
Bridge formula: (L) x 2100 + 18000
Calculation
• Sum of axles and units: 6 500kg +
18 000kg + 24 000kg = 48 500kg
• GCM: 72 000kg
• P/D 310 x 240 = 74 400kg
• 5 x 18 000kg = 90 000kg
• 17.60 x 2100 + 18 000kg = 54 960
• Proviso not applicable
Calculation
• “One Tonner”
• Understand that vehicle can carry
one ton – not correct
• Calculation:
– GVM
3250 kg
– Tare
2250 kg
– Load
1000 kg
– This includes driver, assistant, fuel,
spare wheel, etc.
Goods secure
•
•
•
•
•
Reg 246
All goods secure
Covered
Containers – twist locks
May not dislodge or spill
Passengers on goods vehicles
• Enclosed to 350 mm for seated and
900 mm for standing passengers
• Passengers and goods must be
separated
• Passengers and tools must be
separated
• Reg 247
REG 242 – Steering axle
• Under loading of the steering axle –
offence
• Articulated vehicle – 11% of the actual
masses of the axles of the drawing
vehicle and first trailer
• 4 500 + 19 800 + 21 000 = 45 300
• 11% = 4983 – 5% = 4753 kg
• Under load on steering axle
• Rigid vehicle = 20%
Passenger vehicles
Applicable to all passenger
vehicles
• Some provisions only for
operations under the NLTA
• Fire extinguishers
• Windows
• Doors
• Roof
ENTRANCE AND EXIT
REQUIREMENTS
• Minibus and bus must have
at least one emergency
exit for every 12
passengers for vehicles
first registered after Jan
2008
• Emergency exits of bus in
floor on both sides or both
sides front and rear, or in
roof of single deck bus
SEAT REQUIREMENTS
• Driving seat must be adjustable and
have partition – applies to mini, midi
and buses- applies to all these
vehicles not only first registered
after 1/1/2006
• No fold-up or jockey seats allowed
for certification of seating –
influence Ventures, buses with fold
away seats, etc.
Rules of the Road
Rules of the Road
•
•
•
•
•
•
Driving behavior
Cell phones
Driving left of yellow line
Parking stopping
Freeway driving
Owner responsible for cost
of removing vehicle if it
causes obstruction
Offences
Offences
• Sec 89
• Reg 333
• One year imprisonment is
equal to R 20 000
• Different provisions for
different offences
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