Published: 2015-11-10

 

Amendments to the National Road Traffic Act, 1996 GVT Gazette notice no 411

 

On the 11th May 2015 Gazette no 411 was published for comment on the proposed amendments to the above Act. The changes that will affect our industry are included below and members are welcome to provide us with comments to be forwarded to the Department of Transport.

 

 

Amendment of regulation 247 of the Regulations

 

3. Regulation 247 of the Regulations is hereby amended by the substitution for

regulation 247 of the following regulation:

"247. Circumstances under which persons may be carried on goods vehicle

(1) No person shall operate on a public road a goods vehicle conveying persons

unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of-

(a) at least 350 millimetres above the surface upon which such person is

seated; or

(b) at least 900 millimetres above the surface on which such person is

Standing, in a manner and with a material of sufficient strength to prevent such person from

falling from such vehicle when it is in motion.

(2) No person shall convey more than 5 persons in the goods compartment of a

goods vehicle, the gross vehicle mass of which is less than 3 500 kilograms.

(3) The provisions of this regulation shall only apply in respect of a person conveying persons as their employer during the scope of employment of such persons.

Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons

are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.".

 

 

 

 

 

 

 

This section of the Act must be read in conjunction with section 23 of the Construction Regulations and in particular sub-sections 2(h),(i),(j) as included below:

 

(h) tools, material and equipment are secured and separated by means of a physical barrier in order to prevent movement when transported in the same compartment with employees

(i) vehicles used to transport employees have seats firmly secured and adequate for the number of employees to be carried; and

(j) all construction vehicles and mobile plant traveling, working or operating on public roads comply with the requirements of the national Road Traffic Act, 1996.

 

The following proposed amendment will a have great impact on our industry.

 

"318A. Prohibition of operating on the public road of a goods

 

vehicle the gross vehicle mass of which exceeds 9 000 kilograms at certain

times

(1) No person shall operate on the public road in an urban area a goods

vehicle the gross vehicle mass of which exceeds 9000 kilograms between the hours of 06h00 to 09h00 and 17h00 to 20h00 Monday to Friday except weekends and public holidays.

(2) The provisions of sub regulation (1) shall not apply in case of emergencies,

to the driver of a fire -fighting vehicle, a fire-fighting response vehicle, an emergency medical response vehicle, a rescue vehicle or an ambulance, who drives such vehicle in the performance of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No.68 of 1995), who drives a vehicle in the carrying out of his or her duties, any person driving a vehicle while responding to a disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002) or a person who drives a vehicle while it is used in connection with the construction or maintenance of a public road or the rendering of an essential public service.".

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