Is a passenger allowed to sit inside a vehicle being towed on the back of the flatbed tow truck?

South Africa -  As  of May 11 2017 lasy year, it became illegal to transport school children for reward (i.e paying a driver) in the goods compartment of a bakkie.

Many organisations, including the Department of Transport have lauded this as being a giant stride in the right direction for road safety. 

What about towing laws? 

A reader wrote to Arrive Alive in search of an answer regarding towing laws and whether a passenger is allowed to sit inside a vehicle that is being towed on the back of a flatbed truck.

Arrive Alive explained the rules and regulations pertaining to towing a vehicle.

Read the original article here. 

Question: "Could you please let me if the following below in the picture is legal or not? If you look in the passenger seat of the bakkie there is the driver of the vehicle being towed on the back of the flatbed tow truck."

Answer

No, regulation 247 requires that a vehicle must be enclosed right around for 350 mm from the surface where the person is sitting.
This is not the case as depicted by the picture.

Circumstances under which persons may be carried on goods vehicle

Reg 247. 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.

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