NEW ROAD LAWS: New road laws for SA will prohibit the transportation of school children, carried within the load-bay of a bakkie, for profit. Image: Wheels24
Cape Town - In 2015, Wheels24 published an article regarding proposed new road rules for South Africa.
In November 2016, Government has published two amendments to the National Road Traffic Regulations in its National Gazette (No. 40420)
These amendments pertain to laws regulating transport of school children within the load bay of a bakkie as well as speed regulations for heavy goods vehicles.
Transporting children on bakkies
Lawyer Alta Swanepoel, of Swanepoel and Associates CC, explains: "The existing provision prohibits transport for reward already and the distinction is to continue making it illegal for scholar transport for reward but that other transport for reward will be allowed in the goods compartment if it complies with the NLTA (National Land Transport Act).
What about proposed speed limits for heavy goods vehicles?
She said: "The speed limit for goods vehicles with a GVM over 3500 kg up to 9000kg applies to all vehicles but the speed governers will only apply to the newly registered vehicles. These vehicles must also display a sticker with a '100' limit. "
According to Arrive Alive: "It appears that what has been closed was that the private operators using bakkies as a form of transport for scholars should end as scholars may not be transported "for reward" (i.e a paid service). It is not a total ban on scholars being transported on a bakkie but will force these 'scholar transporter' to use safer vehicles for such purposes.
"These vehicles were also often part of the hazardous practice of the overloading of bakkies with young learners.
Click here for the full amendments.
"The stipulation with regards to speed governers are also aimed at those operating public transport and heavy goods vehicles and might assist towards greater safety of our commuters on buses and minibus taxis."
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According to the transport department:
Please note the Department of Transport has published the 24th amendment to the National Road Traffic Regulations in Gazette No. 40420 of 11 November 2016.
1. Regulation 250 is amended to specifically state that school children may not be transported for reward in the goods compartment of a vehicle. Other persons may also not be transported in the goods compartment for reward unless it is done in terms of the NLTA - Implementation date 6 months from 11/11/2016 (11/5/2017)
2. Reg 293: Goods vehicles with a GVM of more than 3500kg up to 9000kg are now limited to a maximum speed of 100 km/h – Implementation date - 11/11/2016. The maximum general speed limit of 120 km/h was applicable to the vehicles up to 11/11/2016.
READ: New road rules for SA - 5 laws Govt want to pass
Note the provisions on speed governors that will come into force on 1 December 2016 (Reg 215, as published in GG 38142 on 31 Oct 2014).
Reg 215. (1) No person shall operate on a public road a motor vehicle which is designed for or capable of reaching a speed of 60km per hour or more on a reasonably level road, unless such vehicle is equipped with a speedometer which is in a good working order.
(1A) No person shall operate a–
(c) bus, or
(d) goods vehicle the gross vehicle mass of which exceeds 3500kg, first registered after 1 December 2016, unless such minibus, midibus, bus or goods vehicle is fitted with a speed governor, restricting the speed of such motor vehicle to the speed limits as contemplated in regulation 293.
For the full amendment, click here.
Here's why you shouldn't transport children on the back of a bakkie: