Confusion over proposed road rules – here’s what’s really happening
The Justice Project South Africa (JPSA) says that statements made by representatives of the Department of Transport regarding ‘numerous’ amendments and/or insertions in the National Road Traffic Regulations have created confusion among road users.
In a statement published on Monday, the JPSA admonished the department for conflating its proposed 100km/h speed limit and other draft road rules, with ones that are currently in effect.
“For some reason which is not immediately apparent to us, the Department of Transport appears to have chosen to irresponsibly conflate actual promulgated amendments with draft amendments and this merely has the effect of spreading misinformation and confusing the public,” said Howard Dembovsky of the JPSA.
Dembovsky provided the following corrections for statement made by the Department of Transport:
- Instead of bolstering the prohibition of persons on the back of bakkies and other goods vehicles for reward, this insertion has actually “legalised” the transportation of any and all other persons in the goods compartment of a motor vehicle for reward, provided that the transport operator applies to and pays the Department of Transport for a permit to do so.
- The amendments to Regulation 250 come into effect on 11 May 2017, NOT “1 May 2017” as has been widely reported.
- The amendment of Regulation 250 imposes no prohibition whatsoever on the conveyance of any person (school children not excluded) in the goods compartment of a motor vehicle where no fee is charged therefor.
- Furthermore there is no prescript regarding the maximum number of persons who may be conveyed in the goods compartment of a motor vehicle contained in this amendment.
- Insofar as the vehicle class speed limit of 100km/h for goods vehicles with a GVM/GCM of more than 3,500kg but less than 9,000kg goes, the insertion of subparagraphs (aa) and (bb) into Regulation 293(iv) which gave effect to this specific vehicle class speed limit came into immediate effect on 11 November 2016.
Transport spokesperson, Ishmael Mnisi confirmed with BusinessTech earlier this month that other major proposed regulations first brought to light in 2015, would be open for public comment within the coming months, with the idea that the rules would be implemented officially within the next year.
These new regulations include:
- Drivers will have to undergo a practical re-evaluation when renewing a licence.
- A complete review and revamp of the current K53 test.
- Speed limits to be reduced from 60km/h to 40km/h in urban areas, from 100 to 80km/h in rural areas and from 120 to 100km/h on freeways running through a residential area
- Goods vehicles above 9,000kg GVM to be banned from public roads during peak travelling times.
The JPSA said it was also in full agreement with the Automobile Association of South Africa regarding its assertions that ‘the inefficiency of law enforcement agencies to enforce effectively the existing laws relating to speed limits’ is at the heart of speeding offences. “But we must add that the improper enforcement of speed limits is far from the only problem we face on our roads,” said Dembovsky.
“Traffic law enforcement in South Africa is not practiced consistently, ethically and in the interests of road safety. Instead there is more than ample evidence that it focuses primarily on revenue generation.”
“Until this changes, no amount of new laws, misinformation on what laws do actually exist and threats of extended incarceration without bail are going to have any effect on the situation,” Demobvsky said.
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