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Cyclists and road laws. Red lights, etc. (merged)


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Posted

A cyclist went through the window of a taxi yesterday in PE and was cut badly by the glass.

This morning a taxi riding on the wrong side of the road almost hit some friends of mine in Walmer,PE.When will it end?

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Posted

A cyclist went through the window of a taxi yesterday in PE and was cut badly by the glass.

This morning a taxi riding on the wrong side of the road almost hit some friends of mine in Walmer,PE.When will it end?

 

Life is suffering. It usually ends when life ends

Posted

Guys with the recent deaths, accidents and 1,5m rulings in mind we all need to pay attention to the following again, as all road users have rights, unfortunately cyclist are among those least visible and least protected by metal casings, we can help ourselves by our own attitude and self governing of the road rules.

 

Users of a road include pedestrians, vehicles, their passengers, and passengers of on-road public transport"

Vehicle" includes:

(a) a motor vehicle, trailer and a tram; and

(B) a bicycle; and

© an animal-drawn vehicle, and an animal that is being ridden, or drawing a vehicle; and

(d) a combination; and

(e) a motorised wheelchair that can travel at over 10 kilometres per hour (on level ground),

but does not include another kind of wheelchair, a train, or a wheeled recreational device or wheeled toy;

 

MOST IMPORTANT:

 

Riding on pedal cycles

311. (1) No person shall ride a pedal cycle on a public road unless he or she is seated astride on the saddle of such pedal cycle.

(2) Persons riding pedal cycles on a public road shall ride in single file except in the course of overtaking another pedal cycle, and two or more persons riding pedal cycles shall not overtake another vehicle at the same time.

(3) No person riding or seated on a pedal cycle on a public road shall take hold of any other vehicle in motion.

(4) No person riding a pedal cycle on a public road shall deliberately cause such pedal cycle to swerve from side to side.

(5) No person riding a pedal cycle on a public road shall carry thereon any person, animal or object which obstructs his or her view or which prevents him or her from exercising complete control over the movements of such pedal cycle.

(6) A person riding a pedal cycle on a public road shall do so with at least one hand on the handle-bars of such pedal cycle.

(7) Whenever a portion of a public road has been set aside for use by persons riding pedal cycles, no person shall ride a pedal cycle on any other portion of such road.

(8) A person riding a pedal cycle on a public road or a portion of a public road set aside for use by persons riding pedal cycles, shall do so in such manner that all the wheels of such pedal cycle are in contact with the surface of the road at all times.

RULES OF THE ROAD AND MATTERS RELATING THERETO

Part I

Rules of the road

Vehicle to be driven on left side of roadway

296. (1) Any person driving a vehicle on a public road shall do so by driving on the left side of the roadway and, where such roadway is of sufficient width, in such manner as not to encroach on that half of the roadway to his or her right: Provided that such encroachment shall be permissible--

  1. where it can be done without obstructing or endangering other traffic or property which is or may be on such half and for a period and distance not longer than is necessary and prudent and provided that it is not prohibited by a road traffic sign; or
  2. in compliance with a direction of a traffic officer or a road traffic sign.

(2) The provisions of subregulation (1) shall not apply in the case of a public road which is restricted to traffic moving thereon in one direction only.

Driving on divided public road

297. (1) Whenever any public road has been divided into two or more roadways by means of an intervening space or by a physical barrier or dividing section so constructed as to impede vehicular traffic, no person shall drive a vehicle upon such public road except upon the left-hand roadway, unless directed or permitted by an appropriate road traffic sign or a traffic officer to use another roadway.

(2) No person shall drive a vehicle on, over, across or within any dividing space, barrier or section referred to in subregulation (1), except through an opening in such space, barrier or section or at a cross-over or intersection: Provided that no person shall so drive through any such opening or at any such cross-over or intersection where such driving is prohibited by an appropriate road traffic sign or by a traffic officer: Provided further that the provisions of this subregulation shall not apply to a traffic officer in the performance of his or her duties.

Passing of vehicle

298. (1) Subject to the provisions of subregulation (2) and (4) and regulation 296, the driver of a vehicle intending to pass any other vehicle proceeding in the same direction on a public road shall pass to the right thereof at a safe distance and shall not again drive on the left side of the roadway until safely clear of the vehicle so passed: Provided that, in the circumstances as aforesaid, passing on the left of such vehicle shall be permissible if the person driving the passing vehicle can do so with safety to himself or herself and other traffic or property which is or may be on such road and--

  1. the vehicle being passed is turning to its right or the driver thereof has signalled his or her intention of turning to his or her right;
  2. such road is a public road in an urban area and--

i. is restricted to vehicles moving in one direction; and

ii. the roadway is of sufficient width for two or more lines of moving vehicles;

  1. such road is a public road in an urban area and the roadway is of sufficient width for two or more lines of moving vehicles moving in each direction;
  2. the roadway of such road is restricted to vehicles moving in one direction and is divided into traffic lanes by appropriate road traffic signs; or
  3. he or she is driving in compliance with the directions of a traffic officer or is driving in traffic which is under the general direction of such officer, and in accordance with such direction:

Provided further that in no event shall any passing referred to in paragraph (a), (B), © or (d) be done by driving on the shoulders of the roadway or on the verge of the public road concerned.

(2) The driver of a vehicle shall not pass other traffic proceeding in the same direction on a public road when approaching--

  1. the summit of a rise;
  2. a curve; or
  3. any other place

where his or her view is so restricted that any such passing could create a hazard in relation to other traffic which might approach from the opposite direction, unless--

i. he or she can do so without encroaching on the right-hand side of the roadway; or

ii. the roadway of such road is restricted to vehicles moving in one direction.

(3) The driver of a vehicle on a public road shall, except in the circumstances referred to in the first proviso to subregulation (1), upon becoming aware of other traffic proceeding in the same direction and wishing to pass his or her vehicle, cause his or her vehicle to travel as near to the left edge of the roadway as is possible, without endangering himself or herself or other traffic or property on the roadway, and shall not accelerate the speed of his or her vehicle until the other vehicle has passed.

(4) When about to pass oncoming traffic, the driver of a vehicle on a public road shall ensure that the vehicle driven by him or her does not encroach on the roadway to his or her right in such manner as may obstruct or endanger such oncoming traffic.

(5) The driver of a vehicle intending to pass a stationary bus on a public road shall do so with due care for the safety of persons who are approaching or leaving or may approach or leave such bus.

Prohibition on driving on shoulder of public road, except in certain circumstances

298A. (1) Subject to subregulation (2) and regulation 298(1)(e), no person shall drive a motor vehicle on the shoulder of a public road.

(2) Notwithstanding subregulation (1), the driver of a motor vehicle may, during the period between sunrise and sunset, drive such motor vehicle on the shoulder of a public road which is designated for one lane of traffic in each direction--

  1. while such motor vehicle is being overtaken by another vehicle; and
  2. if he or she can do so without endangering himself or herself, other traffic, pedestrians or property on such public road; and
  3. if persons and vehicles upon a public road are clearly discernible at a distance of at least 150 metres.

Crossing or entering public road or traffic lane

299. (1) The driver of a vehicle shall not cross a public road unless the road is clear of moving traffic for a sufficient distance to allow him or her to cross the road without obstructing or endangering any such traffic.

(2) The driver of a vehicle shall not enter a public road unless he or she can do so with safety to himself or herself and other traffic.

(3) The driver of a vehicle on a public road divided into traffic lanes by appropriate road traffic signs shall not turn from one lane into or across another lane unless he or she can do so without obstructing or endangering other traffic.

Driving signals

300. The driver of a vehicle on a public road who intends to stop such vehicle or suddenly reduce the speed thereof, or to turn such vehicle to the left or to the right, or to move such vehicle to the left or right on the roadway, shall give a conspicuous signal, in the manner prescribed in this Chapter, of his or her intention, visible to any person approaching him or her from the front or from the rear or from the side, and of a duration sufficient to warn any such person of his or her intention.

Right of way at certain road junctions

301. The driver of a vehicle on a public road shall, when he or she intends entering any portion of a public road which constitutes a junction of two or more public roads where vehicular traffic is required to move around a traffic island within such junction, yield the right of way to all vehicular traffic approaching from his or her right within such junction, unless his or her entry into such junction is controlled by an instruction given by a traffic officer or a direction conveyed by a road traffic sign requiring him or her to act differently.

Procedure when turning

302. (1) The driver of a vehicle on a public road who desires to turn to the left shall, having due regard to the provisions of regulation 301, before reaching the point at which he or she intends to turn, indicate, in the manner prescribed in these regulations, his or her intention to turn and shall steer his vehicle as near to the left side of the roadway on which he or she is travelling as circumstances may permit and shall make such turn with due care and merge into such traffic stream as may at the time be proceeding along, towards or into the public road into which he desires to turn.

(2) The driver of a vehicle on a public road who desires to turn to right shall, having due regard to the provisions of regulation 301, before reaching the point at which he or she intends to turn, indicate in the manner prescribed in these regulations, his or her intention to turn and shall not effect such turning unless he or she can do so without obstructing or endangering other traffic and--

  1. if he or she is driving a vehicle on the roadway of a public road which roadway is intended for traffic in both directions--

i. he or she shall steer such vehicle as near as circumstances may permit to the immediate left of the middle of the roadway on which he or she is travelling; and

ii. where the turn is at an intersection, he or she shall not encroach on the right half of the roadway into or out of which he or she intends to turn, except in the intersection itself, but shall in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by any appropriate road traffic sign; or

  1. if he or she is driving a vehicle on a roadway of a public road where such roadway is intended for traffic in only one direction--

i. he or she shall steer such vehicle as near as circumstances permit to the right side of such roadway; and

ii. where the turn is at an intersection he or she shall not encroach on the right half of the roadway into which he or she intends to turn, except in the intersection itself but shall in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by an appropriate road traffic sign: Provided that where such turn is to be made into a roadway intended for traffic in only one direction, he or she may encroach on the right half of that roadway.

Stopping of vehicles

304. Except in order to avoid an accident, or in compliance with a road traffic sign or with a direction given by a traffic officer, or for any cause beyond the control of the driver, no person shall stop a vehicle on the roadway of a public road--

  1. alongside or opposite an excavation or obstruction on the public road if other traffic would be obstructed or endangered by such stopping;
  2. within any tunnel or subway or on any bridge or within six metres of any tunnel, subway or bridge;
  3. on, or within six metres from the beginning or end of, any part of such roadway where the normal width thereof has for any reason been constricted;
  4. in contravention of any road traffic sign;
  5. on the right-hand side of such roadway facing oncoming traffic;
  6. alongside or opposite any other vehicle on such roadway where such roadway is less than nine metres wide;
  7. within the railway reserve at a level crossing;
  8. within nine metres of his or her approaching side of a pedestrian crossing demarcated by appropriate road traffic signs; or
  9. in any other place where the stopping of a vehicle would or would be likely to constitute a danger or an obstruction to other traffic.

Compulsory stops

307. The driver of a vehicle on a public road shall stop such vehicle--

  1. in compliance with any direction conveyed by a road traffic sign or given by a traffic officer in uniform; or
  2. at the request or on the signal of a person leading or driving any bovine animal, horse, ass, mule, sheep, goat, pig or ostrich on such road.

General duties of driver or passenger of vehicle on public road

308. (1) No person driving or having a vehicle on a public road shall--

  1. cause such vehicle to travel backwards unless it can be done in safety, or cause it to run backwards for a distance or time longer than may be necessary for the safety or reasonable convenience of any occupant of that vehicle or of other traffic on such road;
  2. follow another vehicle more closely than is reasonable and prudent having regard to the speed of such other vehicle and the traffic on and the condition of the roadway, or more closely than is prescribed in these regulations;
  3. permit any person, animal or object to occupy any position in or on such vehicle which may prevent the driver thereof from exercising complete control over the movements of the vehicle or signalling his or her intention of stopping, slowing down or changing direction;
  4. when driving such vehicle, permit any person to take hold of or interfere with the steering or operating mechanism of the vehicle;
  5. when driving such vehicle, occupy such position that he or she does not have complete control over the vehicle or does not have a full view of the roadway and the traffic ahead of such vehicle.
  6. allow such vehicle to remain unattended on such road without setting its brake or adopting such other method as will effectively prevent the vehicle from moving from the position in which it is left;
  7. if such vehicle is parked or is stationary at the side of such road, drive the vehicle from that position unless he or she is able to do so without interfering with moving traffic approaching from any direction and with safety to himself or herself and others;
  8. fail to give an immediate and absolute right of way to a vehicle sounding a device or bell in terms of section 58(3) or 60 of the Act;
  9. allow any portion of his or her body to protrude beyond such vehicle while it is in motion on such road except for the purpose of giving any hand signal which he or she is required or authorised to give in terms of these regulations or unless he or she is engaged in examining or testing or parking such vehicle;
  10. permit any person or animal to occupy the roof, any step or running board or any other place on top of a vehicle while such vehicle is in motion;
  11. cause or allow the engine thereof to run in such manner that it emits smoke or fumes which would not be emitted if the engine were in good condition or ran in an efficient manner;
  12. cause or allow the engine thereof to run while the motor vehicle is stationary and unattended;
  13. negligently or willfully deposit or cause or permit to be deposited any petrol or other liquid fuel or any oil or grease or other flammable or offensive matter, ashes or other refuse, of whatever nature, from such vehicle upon or alongside such road; or
  14. cause or allow the engine thereof to run while petrol or other flammable fuel is being delivered into the fuel tank of such vehicle, or cause or allow such engine to be started up before the delivery of the petrol or other flammable fuel into the fuel tank of such vehicle has been completed and the cover of such fuel tank has been replaced.

(2) No person, other than the driver, shall take hold of or interfere with the steering or operating mechanism of a vehicle while it is in motion on a public road, unless it may reasonably be inferred that the driver is no longer capable of steering or controlling such vehicle.

(3) No passenger in a vehicle on a public road shall permit any part of his or her body to protrude beyond such vehicle.

(4) No person shall enter or alight from any vehicle on a public road unless such vehicle is stationary and unless he or she can do so with safety to himself or herself and other users of the road.

(5) No person shall drive, pull or push a vehicle upon a sidewalk: Provided that the provisions of this subregulation shall not apply to a perambulator, invalid chair, baby cart or child's play vehicle.

Prohibition on use of communication device while driving

308A. (1) No person shall drive a vehicle on a public road--

  1. while holding a cellular or mobile telephone or any other communication device in one or both hands or with any other part of the body;
  2. while using or operating a cellular or mobile telephone or other communication device unless such a cellular or mobile telephone or other communication device is affixed to the vehicle or is part of the fixture in the vehicle and remains so affixed while being used or operated, or is specially adapted or designed to be affixed to the person of the driver as headgear, and is so used, to enable such driver to use or operate such telephone or communication device without holding it in the manner contemplated in paragraph (a), and remains so affixed while being used or operated.

(2) Subregulation (1) does not apply to the following persons while driving in execution of their duties:

  1. the driver of a fire-fighting vehicle;
  2. the driver of a rescue vehicle or an ambulance;
  3. a traffic officer;
  4. a member of the South African Police Service and a member of a municipal police service, both as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
  5. a member of the South African National Defence Force; and
  6. any person driving a vehicle while engaged in civil protection in accordance with an ordinance made in terms of the Civil Protection Act, 1977 (Act No 67 of 1977):

Provided that he or she drives the vehicle concerned with due regard to the safety of other road users.

(3) The word "headgear" includes for the purpose of this regulation a device which is specially designed or adapted to allow the driver to use a cellular or mobile telephone or other communication device in such a manner that he or she does not hold it in one or both hands or with any other part of the body, and which is connected to the cellular or mobile telephone or other communication device, directly or indirectly, while being fitted to or attached to one or both ears of the driver.

Duties relating to motor cycle, motor tricycle or motor quadrucycle

309. (1) No person shall drive a motor cycle, motor tricycle or motor quadrucycle on a public road unless his or her feet are resting on the front foot-rests suitable for the purpose and, where the design of such motor cycle, motor tricycle or motor quadrucycle makes it possible to do so, he or she is seated astride on the saddle of such motor cycle, motor tricycle or motor quadrucycle.

(2) No person shall on a public road carry a passenger on a motor cycle unless such cycle has an engine with a cylinder capacity exceeding 50 cubic centimetres and unless such passenger is seated in a side-car or astride on a pillion attached to such cycle and, in such latter event, the feet of the passenger are resting on foot-rests suitable for that purpose.

(3) Subject to the provisions of subregulation (2), not more than two persons shall ride upon a motor cycle on a public road, excluding a person riding in a side-car attached to such motor cycle.

(4) Not more than two adult persons shall be carried in a side-car attached to a motor cycle on a public road.

(5) No person or animal or object shall be carried on a motor cycle, motor tricycle or motor quadrucycle on a public road in front of the driver thereof: Provided that an object of a non-bulky nature may be so carried if securely attached to the motor cycle, motor tricycle or motor quadrucycle or placed in a suitable carrier fitted thereon for that purpose and carried in such a way as not to obstruct the driver's view or prevent his or her exercising complete control over such motor cycle, motor tricycle or motor quadrucycle.

(6) (a) Persons, other than traffic officers in the performance of their duties, driving motor cycles on a public road, shall drive in single file except in the course of overtaking another motor cycle, and two or more persons driving motor cycles shall not overtake another vehicle at the same time: Provided that where a public road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a public road.

  1. For the purposes of paragraph (a), a motor cycle shall include a motor tricycle or motor quadrucycle.

(7) No person driving a motor cycle, motor tricycle or motor quadrucycle on a public road or seated on such motor cycle, motor tricycle or motor quadrucycle shall take hold of any other vehicle in motion.

(8) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so with at least one hand on the handlebars of such motor cycle, motor tricycle or motor quadrucycle.

(9) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so in such manner that all the wheels of such motor cycle, motor tricycle or motor quadrucycle are in contact with the surface of the road at all times.

Pedestrian's right of way in pedestrian crossing

315. (1) Where a pedestrian crossing is situated in conjunction with a traffic signal, a pedestrian shall not enter such crossing except in accordance with the indications of such traffic signal as prescribed in these regulations.

(2) In circumstances not referred to in subregulation (1), the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a pedestrian crossing when the pedestrian is upon that half of the roadway upon which the vehicle is travelling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(3) No pedestrian shall suddenly enter a pedestrian crossing and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield as contemplated in subregulation (2).

(4) Whenever any vehicle is stopped at a pedestrian crossing to permit pedestrians to cross the roadway, the driver of any other vehicle approaching from the rear shall not pass such stopped vehicle.

Duties of pedestrians

316. (1) Whenever a sidewalk or footpath abuts on the roadway of a public road, a pedestrian shall not walk on such roadway except for the purpose of crossing from one side of such roadway to the other or for some other sufficient reason.

(2) A pedestrian on a public road which has no sidewalk or footpath abutting on the roadway, shall walk as near as is practicable to the edge of the roadway on his or her right-hand side so as to face oncoming traffic on such roadway, except where the presence of pedestrians on the roadway is prohibited by a prescribed road traffic sign.

(3) No pedestrian shall cross a public road without satisfying himself or herself that the roadway is sufficiently free from oncoming traffic to permit him or her to cross the road in safety.

(4) A pedestrian, when crossing a public road by means of a pedestrian crossing or in any other manner, shall not linger on such road but shall proceed with due despatch.

(5) No pedestrian on a public road shall conduct himself or herself in such a manner as to or as is likely to constitute a source of danger to himself or herself or to other traffic which is or may be on such road.

(6) A pedestrian may cross a public road only at a pedestrian crossing or an intersection or at a distance further than 50 metres from such pedestrian crossing or intersection.

Racing and sport on public roads

317. (1) For the purposes of this regulation the expression "race or sport" includes--

  1. any race, speed trial, reliability trial, hill climbing competition or sports meeting;
  2. any other activity whatsoever--

i. which may constitute a source of danger to traffic; or

ii. which may hamper, impede or disrupt the normal flow of traffic.

(2) No person shall organize or take part in any race or sport on a public road, unless the prior written consent of the MEC of the province concerned has been obtained or, where the race or sport will take place wholly within the area of jurisdiction of a local authority, the prior written consent of such local authority has been obtained.

(3) In granting consent in terms of subregulation (2), the MEC or the local authority concerned, as the case may be, may--

  1. in addition to any requirement prescribed in these regulations, impose such further conditions as he or she or it may deem expedient;
  2. exempt any person concerned with the race or sport for the duration thereof--

i. from any provision of the Act regarding any speed limit or determine another speed limit for the road concerned;

ii. from any other provision of the Act or from any by-law;

  1. levy fees for defraying the expenses incurred by the Provincial Administration or local authority concerned in connection with the race or sport.

(4) Any consent granted in terms of subregulation (2) may be withdrawn at any time.

Convoys on public road

318. (1) No person shall operate on a public road a motor vehicle forming part of a convoy of motor vehicles which are being delivered to a motor dealer or other person--

  1. between the hours of 18h00 on a Friday or, in the case where such Friday is a public holiday, the Thursday immediately preceding such Friday, and 06h00 on a Monday, or in the case where such Monday is a public holiday, the Tuesday immediately succeeding such Monday; or
  2. between the hours of 18h00 on the day immediately preceding Christmas Day and 06h00 on the day immediately succeeding the Day of Goodwill, to the extent to which such hours do not already fall within a period contemplated in paragraph (a).

(2) In a prosecution for a contravention of subregulation (1), it shall, in the absence of evidence to the contrary, be presumed that the motor vehicle concerned was in the process of being delivered to a motor dealer or other person.

Hindering or obstructing traffic on public road

319. (1) No person shall willfully or unnecessarily prevent, hinder or interrupt the free and proper passage of traffic on a public road.

(2) Subject to the provisions of the Act or any other law, no person shall place or abandon or cause to be placed or abandoned on a public road any object that may endanger or cause damage to traffic on such road.

Vehicle left or abandoned on public road

320. (1) Any vehicle standing on a public road in a position or in circumstances which in the opinion of a traffic officer, are likely to cause danger or an obstruction to other traffic on such road, may be removed forthwith to a safer place by any such traffic officer or person or authority instructed by such officer to remove such vehicle: Provided that such traffic officer or person or authority shall, in removing such vehicle, use such device or devices as may be necessary having regard to the public safety.

(2) Any vehicle--

  1. parked in a place where--

i. the stopping of a vehicle is prohibited in terms of regulation 304; or

ii. a vehicle of a class to which such vehicle belongs may not be parked;

  1. left for a continuous period of more than--

i. 24 hours in the same place on a public road outside an urban area;

ii. seven days in the same place on a public road within an urban area; or

iii. seven days on the site of any testing station; or

  1. found on a public road and to which--

i. no licence number is affixed or, in the opinion of a traffic officer, a false licence number is affixed; or

ii. no other number or anything else is affixed which may, in the opinion of a traffic officer, serve to identify the owner,

shall be deemed to have been abandoned by the owner and such vehicle may be removed by or on behalf of the authority having jurisdiction over the place or road concerned and such authority shall take all reasonable steps to trace the owner, and the owner shall, except in the case of a stolen vehicle, be liable to such authority for the expenses incurred--

aa. in the removal of such vehicle;

bbb. in keeping the vehicle in custody for a period not exceeding four months; and

cccc. in connection with the endeavour to trace him or her,

and such authority may, subject to the provisions of subregulation (3), retain possession of such vehicle until such expenses have been paid.

(3) If--

  1. such owner is traced by the authority referred to in subregulation (2) which owner fails to recover the vehicle concerned and pay the expenses referred to in that subregulation within 14 days after being requested to do so; or
  2. after a lapse of one month from the date of removal contemplated in subregulation (2), the owner cannot be traced,

such vehicle or anything contained therein may be sold in the manner prescribed by any law governing the sale of movable property by such authority and, whenever possible, the authority which registered such vehicle shall be advised of such sale.

(4) The proceeds of any sale referred to in subregulation (3) shall be applied firstly to the costs of the removal, custody and sale of the vehicle concerned and all the endeavours made to trace the owner of such vehicle, and any balance shall be paid to the owner thereof upon his or her establishing his or her claim thereto: Provided that if no claim can be established within one year from the date of such sale, such balance shall be forfeited to the authority concerned.

(5) If an authority referred to in subregulation (2) is unable to sell any vehicle as contemplated in subregulation (3), it may dispose of that vehicle in any manner it deems fit, and any moneys received as a result of such disposal shall be forfeited to such authority.

(6) An authority referred to in subregulation (2) may delegate, either generally or specifically, any power conferred upon it in terms of that subregulation to any person in its employment.

(7) The reasonable exercise by any person or authority of the powers conferred by this regulation shall not render such person or authority subject to any liability in respect of the loss or theft of or damage to any vehicle or part thereof or of anything therein or thereon.

(8) Subject to the provisions of any other law, no person shall leave a vehicle in the same place on a public road for a continuous period of more than seven days.

Damage to public roads

321. No person shall on a public road:

  1. cause any wheel of any vehicle to drag or spin upon the surface of the roadway, except in the case of an emergency;
  2. make use of chocks or shoes between any wheel of any vehicle moving along the roadway and the surface of such roadway; or
  3. use any vehicle or thing or move any vehicle or thing on the roadway in a manner causing or likely to cause damage thereto.

Trading on public roads

322. Except--

  1. on or in premises zoned or demarcated for that purpose by a competent authority in terms of any law; or
  2. in such circumstances and in accordance with such requirements as may be prescribed, or determined by by-law,

no person shall sell, display, offer for sale or deliver pursuant to a sale, any goods--

i. on or alongside a public road inside an urban area, within 180 metres of a railway level crossing or any road traffic sign denoting a blind corner or rise thereon or within five metres from any intersection thereon; or

ii. on or alongside any public road outside an urban area:

Provided that where a provincial administration is responsible for the maintenance of a public road inside an urban area, the competent authority of such urban area shall not so zone or demarcate premises in such urban area situated alongside such a road, without the prior approval of the MEC concerned.

Special provisions relating to freeways

323. (1) No person shall operate on a freeway--

  1. a vehicle drawn by an animal;
  2. a pedal cycle;
  3. a motor cycle having an engine with a cylinder capacity not exceeding 50 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (B) of the definition of motor vehicle in the Act;
  4. a motor tricycle or motor quadrucycle;
  5. a vehicle with a mass not exceeding 230 kilograms and specially designed, constructed or adapted for the use of a person suffering from a physical defect or disability; or
  6. a tractor.

(2) No person shall--

  1. be on a freeway on foot except--

i. within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign;

ii. for a cause beyond his or her control; or

iii. in the case of any person performing service in the Citizen Force as contemplated in section 21 of the Defence Act, 1957 (Act No. 44 of 1957), between the junction of an offramp and the junction of an on-ramp on the left-hand side of the roadway, unless a prescribed road traffic sign forbids the presence of such person on such freeway or junction;

  1. leave or allow an animal to be on a freeway except in or on a motor vehicle or within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign, or leave an animal in a place from where it may stray onto a freeway;
  2. stop a vehicle on a freeway except--

i. in compliance with a road traffic sign or a direction given by a traffic officer;

ii. within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign;

iii. for any cause beyond his or her control; or

iv. in an area referred to in paragraph (a)(iii) for the purpose of allowing persons so performing service there to board or alight from such vehicle;

  1. give a hand signal when driving a motor vehicle on a freeway except for a cause beyond his or her control.

(3) In a prosecution for a contravention of subregulation (2)(B), it shall, in the absence of evidence to the contrary, be presumed that an animal was left or allowed on the freeway or place concerned by the owner of such animal.

(4) The provisions of--

  1. subregulation (1)(f) shall not apply to a person who operates a tractor in connection with the construction or maintenance of a freeway;
  2. subregulation (2)(a) shall not apply to--

i. a traffic officer while he or she is engaged in the performance of his or her duties;

ii. a person while he or she is engaged in rescue or salvage work;

iii. a person while he or she is engaged in the construction or maintenance of a freeway or the rendering of an essential public service; or

iv. a person while he or she is engaged in civil protection as contemplated in an ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977); and

  1. subregulation (2)© shall not apply to--

i. the driver of--

aa. an ambulance, fire-fighting vehicle or rescue vehicle; or

bbb. a breakdown vehicle while he or she is engaged in the salvaging of another motor vehicle;

ii. a traffic officer who drives a vehicle in the performance of his or her duties;

iii. a person who drives a vehicle while it is used in connection with the construction or maintenance of a freeway or the rendering of an essential public service; or

iv. a person who drives a vehicle while he or she is engaged in civil protection as contemplated in an ordinance made in terms of section 3 of the Civil Protection Act, 1977.

(5) Where the driver of a motor vehicle which is being driven in the right-hand traffic lane or in the traffic lane furthest to the right on a freeway (hereinafter referred to as the first vehicle) becomes aware that the driver of another motor vehicle (hereinafter referred to as the second vehicle) intends to overtake the first vehicle, the driver of the first vehicle shall steer that vehicle to a lane to the left of the one in which he or she is driving, without endangering himself or herself or other traffic or property on the freeway, and shall not accelerate the speed of his or her vehicle until the second vehicle has passed.

(6) For the purposes of subregulation (5) the driver of the second vehicle may make the driver of the first vehicle aware that he or she intends to overtake the first vehicle by giving the driver thereof a visible signal by means of flashing the headlights of his or her vehicle.

 

ROAD TRAFFIC SIGNS AND GENERAL SPEED LIMIT

285. (1) A road traffic sign shall have one of the following purposes:

  1. Regulatory, that is a road traffic sign which directs a road user to take or not to take a specific action;
  2. warning, that is a road traffic sign calling attention to conditions on a public road which are dangerous or potentially dangerous to road users; or
  3. guidance or information, that is a road traffic sign indicating a destination, direction, distance, amenity, facility, place of interest, tourist attraction or location, or any combination of these, or a road traffic sign which imparts general information or advice to road users.

General speed limits

292. A general speed limit of--

  1. 60 kilometres per hour shall apply in respect of every public road or section thereof, situated within an urban area;
  2. 100 kilometres per hour shall apply in respect of every public road or section thereof, other than a freeway, situated outside an urban area; and
  3. 120 kilometres per hour shall apply in respect of every freeway.

Posted

I been a good boy lately stopping and waiting for the green light, even if all clear.

 

However I now have a reason not to do so, in certain areas at least.

 

This last Fryday on the way home in the evening (about 6pm) I was leaning on a light pole, waiting for the green, as you do at just about every traffic light in Jhb, and just as I pulled away I guy came from behind and tried to mug me. I didn't see him coming, and I was lucky that I moved when I did, his hand reached for my belt bag but missed and I hoofed it away.

 

So in da crime ridden city of Joburg I no longer feel safe immobile on the road waiting my turn to go. I will go when all clear, but will go via the pavement so not to miff other motorists.

Posted (edited)

SORRY guys i looked up the info but had to rush for a meeting and there was to much related to narrow down and select, but generally we are all simply to keep to the rules and regulations which is quite clear for all, but getting the self governing mindset changed back to what it was years ago is going to be a problem let's face facts!!!!!!!!

Edited by Fatti&Monies
Posted

Hi F&M, generally we have the attention spans of goldfish, so in terms of message lengths, less is more.

 

Maybe summarise the point you are trying to make.

 

I stopped at "Guys with the recent deaths,"

Posted (edited)

Hindering or obstructing traffic on public road

319. (1) No person shall willfully or unnecessarily prevent, hinder or interrupt the free and proper passage of traffic on a public road.

(2) Subject to the provisions of the Act or any other law, no person shall place or abandon or cause to be placed or abandoned on a public road any object that may endanger or cause damage to traffic on such road.

 

Interesting!!

Edited by Wannabe
Posted

There is a group of cyclist here in the Northern 'Burbs that I refuse to cycle with, because they do not stop at Stop Streets or Red Traffic Lights (they are also led by an old Pro that refuses to wear a helmet)

Did two rides with them, and both times they just blew over all the Stop Streets and Traffic Lights. It is quite a big group, so it has quite an impact on vehicles around them. I had a good workout chasing them down after every Stop and Traffic light. The last ride I actually turned off and went on my own, as in effect I was cycling on my own at the back.

I did ask the head honcho if they do not stop at Stop Signs and Red Traffic Lights, and he did not even answer me, just looked at me if I was mad or speaking some foreign language he did not understand.

Posted

Guys with the recent deaths, accidents and 1,5m rulings in mind we all need to pay attention to the following again, as all road users have rights, unfortunately cyclist are among those least visible and least protected by metal casings, we can help ourselves by our own attitude and self governing of the road rules.

 

Users of a road include pedestrians, vehicles, their passengers, and passengers of on-road public transport"

Vehicle" includes:

(a) a motor vehicle, trailer and a tram; and

(cool.png a bicycle; and

© an animal-drawn vehicle, and an animal that is being ridden, or drawing a vehicle; and

(d) a combination; and

(e) a motorised wheelchair that can travel at over 10 kilometres per hour (on level ground),

but does not include another kind of wheelchair, a train, or a wheeled recreational device or wheeled toy;

 

MOST IMPORTANT:

 

 

Riding on pedal cycles

311. (1) No person shall ride a pedal cycle on a public road unless he or she is seated astride on the saddle of such pedal cycle.

(2) Persons riding pedal cycles on a public road shall ride in single file except in the course of overtaking another pedal cycle, and two or more persons riding pedal cycles shall not overtake another vehicle at the same time.

(3) No person riding or seated on a pedal cycle on a public road shall take hold of any other vehicle in motion.

(4) No person riding a pedal cycle on a public road shall deliberately cause such pedal cycle to swerve from side to side.

(5) No person riding a pedal cycle on a public road shall carry thereon any person, animal or object which obstructs his or her view or which prevents him or her from exercising complete control over the movements of such pedal cycle.

(6) A person riding a pedal cycle on a public road shall do so with at least one hand on the handle-bars of such pedal cycle.

(7) Whenever a portion of a public road has been set aside for use by persons riding pedal cycles, no person shall ride a pedal cycle on any other portion of such road.

(8) A person riding a pedal cycle on a public road or a portion of a public road set aside for use by persons riding pedal cycles, shall do so in such manner that all the wheels of such pedal cycle are in contact with the surface of the road at all times.

RULES OF THE ROAD AND MATTERS RELATING THERETO

Part I

Rules of the road

Vehicle to be driven on left side of roadway

296. (1) Any person driving a vehicle on a public road shall do so by driving on the left side of the roadway and, where such roadway is of sufficient width, in such manner as not to encroach on that half of the roadway to his or her right: Provided that such encroachment shall be permissible--

  1. where it can be done without obstructing or endangering other traffic or property which is or may be on such half and for a period and distance not longer than is necessary and prudent and provided that it is not prohibited by a road traffic sign; or
     
  2. in compliance with a direction of a traffic officer or a road traffic sign.

(2) The provisions of subregulation (1) shall not apply in the case of a public road which is restricted to traffic moving thereon in one direction only.

Driving on divided public road

297. (1) Whenever any public road has been divided into two or more roadways by means of an intervening space or by a physical barrier or dividing section so constructed as to impede vehicular traffic, no person shall drive a vehicle upon such public road except upon the left-hand roadway, unless directed or permitted by an appropriate road traffic sign or a traffic officer to use another roadway.

(2) No person shall drive a vehicle on, over, across or within any dividing space, barrier or section referred to in subregulation (1), except through an opening in such space, barrier or section or at a cross-over or intersection: Provided that no person shall so drive through any such opening or at any such cross-over or intersection where such driving is prohibited by an appropriate road traffic sign or by a traffic officer: Provided further that the provisions of this subregulation shall not apply to a traffic officer in the performance of his or her duties.

Passing of vehicle

298. (1) Subject to the provisions of subregulation (2) and (4) and regulation 296, the driver of a vehicle intending to pass any other vehicle proceeding in the same direction on a public road shall pass to the right thereof at a safe distance and shall not again drive on the left side of the roadway until safely clear of the vehicle so passed: Provided that, in the circumstances as aforesaid, passing on the left of such vehicle shall be permissible if the person driving the passing vehicle can do so with safety to himself or herself and other traffic or property which is or may be on such road and--

  1. the vehicle being passed is turning to its right or the driver thereof has signalled his or her intention of turning to his or her right;
     
  2. such road is a public road in an urban area and--

i. is restricted to vehicles moving in one direction; and

ii. the roadway is of sufficient width for two or more lines of moving vehicles;

  1. such road is a public road in an urban area and the roadway is of sufficient width for two or more lines of moving vehicles moving in each direction;
     
  2. the roadway of such road is restricted to vehicles moving in one direction and is divided into traffic lanes by appropriate road traffic signs; or
     
  3. he or she is driving in compliance with the directions of a traffic officer or is driving in traffic which is under the general direction of such officer, and in accordance with such direction:

Provided further that in no event shall any passing referred to in paragraph (a), (cool.png, © or (d) be done by driving on the shoulders of the roadway or on the verge of the public road concerned.

(2) The driver of a vehicle shall not pass other traffic proceeding in the same direction on a public road when approaching--

  1. the summit of a rise;
     
  2. a curve; or
     
  3. any other place

where his or her view is so restricted that any such passing could create a hazard in relation to other traffic which might approach from the opposite direction, unless--

i. he or she can do so without encroaching on the right-hand side of the roadway; or

ii. the roadway of such road is restricted to vehicles moving in one direction.

(3) The driver of a vehicle on a public road shall, except in the circumstances referred to in the first proviso to subregulation (1), upon becoming aware of other traffic proceeding in the same direction and wishing to pass his or her vehicle, cause his or her vehicle to travel as near to the left edge of the roadway as is possible, without endangering himself or herself or other traffic or property on the roadway, and shall not accelerate the speed of his or her vehicle until the other vehicle has passed.

(4) When about to pass oncoming traffic, the driver of a vehicle on a public road shall ensure that the vehicle driven by him or her does not encroach on the roadway to his or her right in such manner as may obstruct or endanger such oncoming traffic.

(5) The driver of a vehicle intending to pass a stationary bus on a public road shall do so with due care for the safety of persons who are approaching or leaving or may approach or leave such bus.

Prohibition on driving on shoulder of public road, except in certain circumstances

298A. (1) Subject to subregulation (2) and regulation 298(1)(e), no person shall drive a motor vehicle on the shoulder of a public road.

(2) Notwithstanding subregulation (1), the driver of a motor vehicle may, during the period between sunrise and sunset, drive such motor vehicle on the shoulder of a public road which is designated for one lane of traffic in each direction--

  1. while such motor vehicle is being overtaken by another vehicle; and
     
  2. if he or she can do so without endangering himself or herself, other traffic, pedestrians or property on such public road; and
     
  3. if persons and vehicles upon a public road are clearly discernible at a distance of at least 150 metres.

Crossing or entering public road or traffic lane

299. (1) The driver of a vehicle shall not cross a public road unless the road is clear of moving traffic for a sufficient distance to allow him or her to cross the road without obstructing or endangering any such traffic.

(2) The driver of a vehicle shall not enter a public road unless he or she can do so with safety to himself or herself and other traffic.

(3) The driver of a vehicle on a public road divided into traffic lanes by appropriate road traffic signs shall not turn from one lane into or across another lane unless he or she can do so without obstructing or endangering other traffic.

Driving signals

300. The driver of a vehicle on a public road who intends to stop such vehicle or suddenly reduce the speed thereof, or to turn such vehicle to the left or to the right, or to move such vehicle to the left or right on the roadway, shall give a conspicuous signal, in the manner prescribed in this Chapter, of his or her intention, visible to any person approaching him or her from the front or from the rear or from the side, and of a duration sufficient to warn any such person of his or her intention.

Right of way at certain road junctions

301. The driver of a vehicle on a public road shall, when he or she intends entering any portion of a public road which constitutes a junction of two or more public roads where vehicular traffic is required to move around a traffic island within such junction, yield the right of way to all vehicular traffic approaching from his or her right within such junction, unless his or her entry into such junction is controlled by an instruction given by a traffic officer or a direction conveyed by a road traffic sign requiring him or her to act differently.

Procedure when turning

302. (1) The driver of a vehicle on a public road who desires to turn to the left shall, having due regard to the provisions of regulation 301, before reaching the point at which he or she intends to turn, indicate, in the manner prescribed in these regulations, his or her intention to turn and shall steer his vehicle as near to the left side of the roadway on which he or she is travelling as circumstances may permit and shall make such turn with due care and merge into such traffic stream as may at the time be proceeding along, towards or into the public road into which he desires to turn.

(2) The driver of a vehicle on a public road who desires to turn to right shall, having due regard to the provisions of regulation 301, before reaching the point at which he or she intends to turn, indicate in the manner prescribed in these regulations, his or her intention to turn and shall not effect such turning unless he or she can do so without obstructing or endangering other traffic and--

  1. if he or she is driving a vehicle on the roadway of a public road which roadway is intended for traffic in both directions--

i. he or she shall steer such vehicle as near as circumstances may permit to the immediate left of the middle of the roadway on which he or she is travelling; and

ii. where the turn is at an intersection, he or she shall not encroach on the right half of the roadway into or out of which he or she intends to turn, except in the intersection itself, but shall in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by any appropriate road traffic sign; or

  1. if he or she is driving a vehicle on a roadway of a public road where such roadway is intended for traffic in only one direction--

i. he or she shall steer such vehicle as near as circumstances permit to the right side of such roadway; and

ii. where the turn is at an intersection he or she shall not encroach on the right half of the roadway into which he or she intends to turn, except in the intersection itself but shall in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by an appropriate road traffic sign: Provided that where such turn is to be made into a roadway intended for traffic in only one direction, he or she may encroach on the right half of that roadway.

Stopping of vehicles

304. Except in order to avoid an accident, or in compliance with a road traffic sign or with a direction given by a traffic officer, or for any cause beyond the control of the driver, no person shall stop a vehicle on the roadway of a public road--

  1. alongside or opposite an excavation or obstruction on the public road if other traffic would be obstructed or endangered by such stopping;
     
  2. within any tunnel or subway or on any bridge or within six metres of any tunnel, subway or bridge;
     
  3. on, or within six metres from the beginning or end of, any part of such roadway where the normal width thereof has for any reason been constricted;
     
  4. in contravention of any road traffic sign;
     
  5. on the right-hand side of such roadway facing oncoming traffic;
     
  6. alongside or opposite any other vehicle on such roadway where such roadway is less than nine metres wide;
     
  7. within the railway reserve at a level crossing;
     
  8. within nine metres of his or her approaching side of a pedestrian crossing demarcated by appropriate road traffic signs; or
     
  9. in any other place where the stopping of a vehicle would or would be likely to constitute a danger or an obstruction to other traffic.

Compulsory stops

307. The driver of a vehicle on a public road shall stop such vehicle--

  1. in compliance with any direction conveyed by a road traffic sign or given by a traffic officer in uniform; or
     
  2. at the request or on the signal of a person leading or driving any bovine animal, horse, ass, mule, sheep, goat, pig or ostrich on such road.

General duties of driver or passenger of vehicle on public road

308. (1) No person driving or having a vehicle on a public road shall--

  1. cause such vehicle to travel backwards unless it can be done in safety, or cause it to run backwards for a distance or time longer than may be necessary for the safety or reasonable convenience of any occupant of that vehicle or of other traffic on such road;
     
  2. follow another vehicle more closely than is reasonable and prudent having regard to the speed of such other vehicle and the traffic on and the condition of the roadway, or more closely than is prescribed in these regulations;
     
  3. permit any person, animal or object to occupy any position in or on such vehicle which may prevent the driver thereof from exercising complete control over the movements of the vehicle or signalling his or her intention of stopping, slowing down or changing direction;
     
  4. when driving such vehicle, permit any person to take hold of or interfere with the steering or operating mechanism of the vehicle;
     
  5. when driving such vehicle, occupy such position that he or she does not have complete control over the vehicle or does not have a full view of the roadway and the traffic ahead of such vehicle.
     
  6. allow such vehicle to remain unattended on such road without setting its brake or adopting such other method as will effectively prevent the vehicle from moving from the position in which it is left;
     
  7. if such vehicle is parked or is stationary at the side of such road, drive the vehicle from that position unless he or she is able to do so without interfering with moving traffic approaching from any direction and with safety to himself or herself and others;
     
  8. fail to give an immediate and absolute right of way to a vehicle sounding a device or bell in terms of section 58(3) or 60 of the Act;
     
  9. allow any portion of his or her body to protrude beyond such vehicle while it is in motion on such road except for the purpose of giving any hand signal which he or she is required or authorised to give in terms of these regulations or unless he or she is engaged in examining or testing or parking such vehicle;
     
  10. permit any person or animal to occupy the roof, any step or running board or any other place on top of a vehicle while such vehicle is in motion;
     
  11. cause or allow the engine thereof to run in such manner that it emits smoke or fumes which would not be emitted if the engine were in good condition or ran in an efficient manner;
     
  12. cause or allow the engine thereof to run while the motor vehicle is stationary and unattended;
     
  13. negligently or willfully deposit or cause or permit to be deposited any petrol or other liquid fuel or any oil or grease or other flammable or offensive matter, ashes or other refuse, of whatever nature, from such vehicle upon or alongside such road; or
     
  14. cause or allow the engine thereof to run while petrol or other flammable fuel is being delivered into the fuel tank of such vehicle, or cause or allow such engine to be started up before the delivery of the petrol or other flammable fuel into the fuel tank of such vehicle has been completed and the cover of such fuel tank has been replaced.

(2) No person, other than the driver, shall take hold of or interfere with the steering or operating mechanism of a vehicle while it is in motion on a public road, unless it may reasonably be inferred that the driver is no longer capable of steering or controlling such vehicle.

(3) No passenger in a vehicle on a public road shall permit any part of his or her body to protrude beyond such vehicle.

(4) No person shall enter or alight from any vehicle on a public road unless such vehicle is stationary and unless he or she can do so with safety to himself or herself and other users of the road.

(5) No person shall drive, pull or push a vehicle upon a sidewalk: Provided that the provisions of this subregulation shall not apply to a perambulator, invalid chair, baby cart or child's play vehicle.

Prohibition on use of communication device while driving

308A. (1) No person shall drive a vehicle on a public road--

  1. while holding a cellular or mobile telephone or any other communication device in one or both hands or with any other part of the body;
     
  2. while using or operating a cellular or mobile telephone or other communication device unless such a cellular or mobile telephone or other communication device is affixed to the vehicle or is part of the fixture in the vehicle and remains so affixed while being used or operated, or is specially adapted or designed to be affixed to the person of the driver as headgear, and is so used, to enable such driver to use or operate such telephone or communication device without holding it in the manner contemplated in paragraph (a), and remains so affixed while being used or operated.

(2) Subregulation (1) does not apply to the following persons while driving in execution of their duties:

  1. the driver of a fire-fighting vehicle;
     
  2. the driver of a rescue vehicle or an ambulance;
     
  3. a traffic officer;
     
  4. a member of the South African Police Service and a member of a municipal police service, both as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
     
  5. a member of the South African National Defence Force; and
     
  6. any person driving a vehicle while engaged in civil protection in accordance with an ordinance made in terms of the Civil Protection Act, 1977 (Act No 67 of 1977):

Provided that he or she drives the vehicle concerned with due regard to the safety of other road users.

(3) The word "headgear" includes for the purpose of this regulation a device which is specially designed or adapted to allow the driver to use a cellular or mobile telephone or other communication device in such a manner that he or she does not hold it in one or both hands or with any other part of the body, and which is connected to the cellular or mobile telephone or other communication device, directly or indirectly, while being fitted to or attached to one or both ears of the driver.

Duties relating to motor cycle, motor tricycle or motor quadrucycle

309. (1) No person shall drive a motor cycle, motor tricycle or motor quadrucycle on a public road unless his or her feet are resting on the front foot-rests suitable for the purpose and, where the design of such motor cycle, motor tricycle or motor quadrucycle makes it possible to do so, he or she is seated astride on the saddle of such motor cycle, motor tricycle or motor quadrucycle.

(2) No person shall on a public road carry a passenger on a motor cycle unless such cycle has an engine with a cylinder capacity exceeding 50 cubic centimetres and unless such passenger is seated in a side-car or astride on a pillion attached to such cycle and, in such latter event, the feet of the passenger are resting on foot-rests suitable for that purpose.

(3) Subject to the provisions of subregulation (2), not more than two persons shall ride upon a motor cycle on a public road, excluding a person riding in a side-car attached to such motor cycle.

(4) Not more than two adult persons shall be carried in a side-car attached to a motor cycle on a public road.

(5) No person or animal or object shall be carried on a motor cycle, motor tricycle or motor quadrucycle on a public road in front of the driver thereof: Provided that an object of a non-bulky nature may be so carried if securely attached to the motor cycle, motor tricycle or motor quadrucycle or placed in a suitable carrier fitted thereon for that purpose and carried in such a way as not to obstruct the driver's view or prevent his or her exercising complete control over such motor cycle, motor tricycle or motor quadrucycle.

(6) (a) Persons, other than traffic officers in the performance of their duties, driving motor cycles on a public road, shall drive in single file except in the course of overtaking another motor cycle, and two or more persons driving motor cycles shall not overtake another vehicle at the same time: Provided that where a public road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a public road.

  1. For the purposes of paragraph (a), a motor cycle shall include a motor tricycle or motor quadrucycle.

(7) No person driving a motor cycle, motor tricycle or motor quadrucycle on a public road or seated on such motor cycle, motor tricycle or motor quadrucycle shall take hold of any other vehicle in motion.

(8) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so with at least one hand on the handlebars of such motor cycle, motor tricycle or motor quadrucycle.

(9) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so in such manner that all the wheels of such motor cycle, motor tricycle or motor quadrucycle are in contact with the surface of the road at all times.

Pedestrian's right of way in pedestrian crossing

315. (1) Where a pedestrian crossing is situated in conjunction with a traffic signal, a pedestrian shall not enter such crossing except in accordance with the indications of such traffic signal as prescribed in these regulations.

(2) In circumstances not referred to in subregulation (1), the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a pedestrian crossing when the pedestrian is upon that half of the roadway upon which the vehicle is travelling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(3) No pedestrian shall suddenly enter a pedestrian crossing and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield as contemplated in subregulation (2).

(4) Whenever any vehicle is stopped at a pedestrian crossing to permit pedestrians to cross the roadway, the driver of any other vehicle approaching from the rear shall not pass such stopped vehicle.

Duties of pedestrians

316. (1) Whenever a sidewalk or footpath abuts on the roadway of a public road, a pedestrian shall not walk on such roadway except for the purpose of crossing from one side of such roadway to the other or for some other sufficient reason.

(2) A pedestrian on a public road which has no sidewalk or footpath abutting on the roadway, shall walk as near as is practicable to the edge of the roadway on his or her right-hand side so as to face oncoming traffic on such roadway, except where the presence of pedestrians on the roadway is prohibited by a prescribed road traffic sign.

(3) No pedestrian shall cross a public road without satisfying himself or herself that the roadway is sufficiently free from oncoming traffic to permit him or her to cross the road in safety.

(4) A pedestrian, when crossing a public road by means of a pedestrian crossing or in any other manner, shall not linger on such road but shall proceed with due despatch.

(5) No pedestrian on a public road shall conduct himself or herself in such a manner as to or as is likely to constitute a source of danger to himself or herself or to other traffic which is or may be on such road.

(6) A pedestrian may cross a public road only at a pedestrian crossing or an intersection or at a distance further than 50 metres from such pedestrian crossing or intersection.

Racing and sport on public roads

317. (1) For the purposes of this regulation the expression "race or sport" includes--

  1. any race, speed trial, reliability trial, hill climbing competition or sports meeting;
     
  2. any other activity whatsoever--

i. which may constitute a source of danger to traffic; or

ii. which may hamper, impede or disrupt the normal flow of traffic.

(2) No person shall organize or take part in any race or sport on a public road, unless the prior written consent of the MEC of the province concerned has been obtained or, where the race or sport will take place wholly within the area of jurisdiction of a local authority, the prior written consent of such local authority has been obtained.

(3) In granting consent in terms of subregulation (2), the MEC or the local authority concerned, as the case may be, may--

  1. in addition to any requirement prescribed in these regulations, impose such further conditions as he or she or it may deem expedient;
     
  2. exempt any person concerned with the race or sport for the duration thereof--

i. from any provision of the Act regarding any speed limit or determine another speed limit for the road concerned;

ii. from any other provision of the Act or from any by-law;

  1. levy fees for defraying the expenses incurred by the Provincial Administration or local authority concerned in connection with the race or sport.

(4) Any consent granted in terms of subregulation (2) may be withdrawn at any time.

Convoys on public road

318. (1) No person shall operate on a public road a motor vehicle forming part of a convoy of motor vehicles which are being delivered to a motor dealer or other person--

  1. between the hours of 18h00 on a Friday or, in the case where such Friday is a public holiday, the Thursday immediately preceding such Friday, and 06h00 on a Monday, or in the case where such Monday is a public holiday, the Tuesday immediately succeeding such Monday; or
     
  2. between the hours of 18h00 on the day immediately preceding Christmas Day and 06h00 on the day immediately succeeding the Day of Goodwill, to the extent to which such hours do not already fall within a period contemplated in paragraph (a).

(2) In a prosecution for a contravention of subregulation (1), it shall, in the absence of evidence to the contrary, be presumed that the motor vehicle concerned was in the process of being delivered to a motor dealer or other person.

Hindering or obstructing traffic on public road

319. (1) No person shall willfully or unnecessarily prevent, hinder or interrupt the free and proper passage of traffic on a public road.

(2) Subject to the provisions of the Act or any other law, no person shall place or abandon or cause to be placed or abandoned on a public road any object that may endanger or cause damage to traffic on such road.

Vehicle left or abandoned on public road

320. (1) Any vehicle standing on a public road in a position or in circumstances which in the opinion of a traffic officer, are likely to cause danger or an obstruction to other traffic on such road, may be removed forthwith to a safer place by any such traffic officer or person or authority instructed by such officer to remove such vehicle: Provided that such traffic officer or person or authority shall, in removing such vehicle, use such device or devices as may be necessary having regard to the public safety.

(2) Any vehicle--

  1. parked in a place where--

i. the stopping of a vehicle is prohibited in terms of regulation 304; or

ii. a vehicle of a class to which such vehicle belongs may not be parked;

  1. left for a continuous period of more than--

i. 24 hours in the same place on a public road outside an urban area;

ii. seven days in the same place on a public road within an urban area; or

iii. seven days on the site of any testing station; or

  1. found on a public road and to which--

i. no licence number is affixed or, in the opinion of a traffic officer, a false licence number is affixed; or

ii. no other number or anything else is affixed which may, in the opinion of a traffic officer, serve to identify the owner,

shall be deemed to have been abandoned by the owner and such vehicle may be removed by or on behalf of the authority having jurisdiction over the place or road concerned and such authority shall take all reasonable steps to trace the owner, and the owner shall, except in the case of a stolen vehicle, be liable to such authority for the expenses incurred--

aa. in the removal of such vehicle;

bbb. in keeping the vehicle in custody for a period not exceeding four months; and

cccc. in connection with the endeavour to trace him or her,

and such authority may, subject to the provisions of subregulation (3), retain possession of such vehicle until such expenses have been paid.

(3) If--

  1. such owner is traced by the authority referred to in subregulation (2) which owner fails to recover the vehicle concerned and pay the expenses referred to in that subregulation within 14 days after being requested to do so; or
     
  2. after a lapse of one month from the date of removal contemplated in subregulation (2), the owner cannot be traced,

such vehicle or anything contained therein may be sold in the manner prescribed by any law governing the sale of movable property by such authority and, whenever possible, the authority which registered such vehicle shall be advised of such sale.

(4) The proceeds of any sale referred to in subregulation (3) shall be applied firstly to the costs of the removal, custody and sale of the vehicle concerned and all the endeavours made to trace the owner of such vehicle, and any balance shall be paid to the owner thereof upon his or her establishing his or her claim thereto: Provided that if no claim can be established within one year from the date of such sale, such balance shall be forfeited to the authority concerned.

(5) If an authority referred to in subregulation (2) is unable to sell any vehicle as contemplated in subregulation (3), it may dispose of that vehicle in any manner it deems fit, and any moneys received as a result of such disposal shall be forfeited to such authority.

(6) An authority referred to in subregulation (2) may delegate, either generally or specifically, any power conferred upon it in terms of that subregulation to any person in its employment.

(7) The reasonable exercise by any person or authority of the powers conferred by this regulation shall not render such person or authority subject to any liability in respect of the loss or theft of or damage to any vehicle or part thereof or of anything therein or thereon.

(8) Subject to the provisions of any other law, no person shall leave a vehicle in the same place on a public road for a continuous period of more than seven days.

Damage to public roads

321. No person shall on a public road:

  1. cause any wheel of any vehicle to drag or spin upon the surface of the roadway, except in the case of an emergency;
     
  2. make use of chocks or shoes between any wheel of any vehicle moving along the roadway and the surface of such roadway; or
     
  3. use any vehicle or thing or move any vehicle or thing on the roadway in a manner causing or likely to cause damage thereto.

Trading on public roads

322. Except--

  1. on or in premises zoned or demarcated for that purpose by a competent authority in terms of any law; or
     
  2. in such circumstances and in accordance with such requirements as may be prescribed, or determined by by-law,

no person shall sell, display, offer for sale or deliver pursuant to a sale, any goods--

i. on or alongside a public road inside an urban area, within 180 metres of a railway level crossing or any road traffic sign denoting a blind corner or rise thereon or within five metres from any intersection thereon; or

ii. on or alongside any public road outside an urban area:

Provided that where a provincial administration is responsible for the maintenance of a public road inside an urban area, the competent authority of such urban area shall not so zone or demarcate premises in such urban area situated alongside such a road, without the prior approval of the MEC concerned.

Special provisions relating to freeways

323. (1) No person shall operate on a freeway--

  1. a vehicle drawn by an animal;
     
  2. a pedal cycle;
     
  3. a motor cycle having an engine with a cylinder capacity not exceeding 50 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (cool.png of the definition of motor vehicle in the Act;
     
  4. a motor tricycle or motor quadrucycle;
     
  5. a vehicle with a mass not exceeding 230 kilograms and specially designed, constructed or adapted for the use of a person suffering from a physical defect or disability; or
     
  6. a tractor.

(2) No person shall--

  1. be on a freeway on foot except--

i. within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign;

ii. for a cause beyond his or her control; or

iii. in the case of any person performing service in the Citizen Force as contemplated in section 21 of the Defence Act, 1957 (Act No. 44 of 1957), between the junction of an offramp and the junction of an on-ramp on the left-hand side of the roadway, unless a prescribed road traffic sign forbids the presence of such person on such freeway or junction;

  1. leave or allow an animal to be on a freeway except in or on a motor vehicle or within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign, or leave an animal in a place from where it may stray onto a freeway;
     
  2. stop a vehicle on a freeway except--

i. in compliance with a road traffic sign or a direction given by a traffic officer;

ii. within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign;

iii. for any cause beyond his or her control; or

iv. in an area referred to in paragraph (a)(iii) for the purpose of allowing persons so performing service there to board or alight from such vehicle;

  1. give a hand signal when driving a motor vehicle on a freeway except for a cause beyond his or her control.

(3) In a prosecution for a contravention of subregulation (2)(cool.png, it shall, in the absence of evidence to the contrary, be presumed that an animal was left or allowed on the freeway or place concerned by the owner of such animal.

(4) The provisions of--

  1. subregulation (1)(f) shall not apply to a person who operates a tractor in connection with the construction or maintenance of a freeway;
     
  2. subregulation (2)(a) shall not apply to--

i. a traffic officer while he or she is engaged in the performance of his or her duties;

ii. a person while he or she is engaged in rescue or salvage work;

iii. a person while he or she is engaged in the construction or maintenance of a freeway or the rendering of an essential public service; or

iv. a person while he or she is engaged in civil protection as contemplated in an ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977); and

  1. subregulation (2)© shall not apply to--

i. the driver of--

aa. an ambulance, fire-fighting vehicle or rescue vehicle; or

bbb. a breakdown vehicle while he or she is engaged in the salvaging of another motor vehicle;

ii. a traffic officer who drives a vehicle in the performance of his or her duties;

iii. a person who drives a vehicle while it is used in connection with the construction or maintenance of a freeway or the rendering of an essential public service; or

iv. a person who drives a vehicle while he or she is engaged in civil protection as contemplated in an ordinance made in terms of section 3 of the Civil Protection Act, 1977.

(5) Where the driver of a motor vehicle which is being driven in the right-hand traffic lane or in the traffic lane furthest to the right on a freeway (hereinafter referred to as the first vehicle) becomes aware that the driver of another motor vehicle (hereinafter referred to as the second vehicle) intends to overtake the first vehicle, the driver of the first vehicle shall steer that vehicle to a lane to the left of the one in which he or she is driving, without endangering himself or herself or other traffic or property on the freeway, and shall not accelerate the speed of his or her vehicle until the second vehicle has passed.

(6) For the purposes of subregulation (5) the driver of the second vehicle may make the driver of the first vehicle aware that he or she intends to overtake the first vehicle by giving the driver thereof a visible signal by means of flashing the headlights of his or her vehicle.

 

ROAD TRAFFIC SIGNS AND GENERAL SPEED LIMIT

285. (1) A road traffic sign shall have one of the following purposes:

  1. Regulatory, that is a road traffic sign which directs a road user to take or not to take a specific action;
     
  2. warning, that is a road traffic sign calling attention to conditions on a public road which are dangerous or potentially dangerous to road users; or
     
  3. guidance or information, that is a road traffic sign indicating a destination, direction, distance, amenity, facility, place of interest, tourist attraction or location, or any combination of these, or a road traffic sign which imparts general information or advice to road users.

General speed limits

292. A general speed limit of--

  1. 60 kilometres per hour shall apply in respect of every public road or section thereof, situated within an urban area;
     
  2. 100 kilometres per hour shall apply in respect of every public road or section thereof, other than a freeway, situated outside an urban area; and
     
  3. 120 kilometres per hour shall apply in respect of every freeway.

 

 

First the Customs and Excise guy tries to scare us, now the traffic cop...

Posted

Riding on pedal cycles

311. (2) Persons riding pedal cycles on a public road shall ride in single file except in the course of overtaking another pedal cycle, and two or more persons riding pedal cycles shall not overtake another vehicle at the same time.

 

Also interesting: Racing and sport on public roads

317.

Posted

We can post a million threads and quote a billion stories about our mates that have almost been totalled by cars/taxis/buses etc but until two things become common nothing will change:

 

1) Common sense.

2) Respect.

 

I'm no bleeding heart liberal but holy hells why do I feel like everyone hates me these days? Scowling faces in cars, race faces at races, miff faces in the office - is it just me or has the rat race consumed everyone?

 

More wealth, more bling, more stuff, better than your fellow man - these are the things people seem to be aspiring to rather than something simple like "happiness".

 

As I've said before - my tribute to Burry is to try and rehumanitise the human race. Since "that day" I've made loads more eye contact with drivers and made a point of thanking them when they give me right of way or just in general. It's amazing how many people seem surprised when you lift a hand to them - they get a weird semi embarrassed expression quickly followed by a return greeting and smile.

 

My interactions with people have become a bit more friendly and a few more words pass between myself and others. Either it's working or I'm becoming that embarrassing dad/parent/senile old fart that people avoid - I think it's the former ;-)

 

To play an old cliche....

 

Be the change you want to see in the world.

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