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Past Issues

May 2006

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FleetWatch receives numerous enquiries from readers all of which we answer direct. However, there are some queries which we feel will be of interest to our wider readership and with this in mind, we reproduce here some of the questions and answers dealt with over the recent past. Unless otherwise stated, the answers are provided by our legislation correspondent and general road transport guru, Jack Webster. Readers can direct any questions to The Editor at fleetwatch@pixie.co.za or fax them to (011) 794-1474. 

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Mud Flaps/Wheels Flaps? Congratulations on the publication of both your TruckWatch 2006 and your A-Z of Road Transport Terminology & Related Information. They are both excellent reference books. However, one important regulation that appears to be missing from the statute books is a regulation controlling mud flaps and mud guards. Many truck and trailer manufacturers and owners don't seem to worry about installing or maintaining mud/rain flaps, resulting in these large vehicles causing such severe water spray from the tyres that passing them is most unsafe as visibility is often reduced to nil. And when flaps or guards are installed they are often totally ineffectual.  I would like to recommend that the authorities require all trucks and trailers be fitted with close-fitting mud guards, similar to what you find on all large vehicles in Europe and the UK. In this way, water spray is kept to a minimum and other vehicles can pass safely in the rain when visibility is critical.  Nick McConnell The Kendal Group, Hubers cc  Howick.

FW: Firstly, I must point out that in South Africa, the Legislation does not make any reference to Mud Flaps but does include Wheel Flaps which are dealt with in Road Traffic Regulation No. 217 and South African Bureau of Standards SABS 1496 – 2001. Some time ago the technical committee of the Institute of Road Transport Engineers (IRTE) discussed the Wheel Flap regulation and SABS 1496, including splash suppression as legislated on the latter in the UK but no reference to splash suppression was considered further in the South African Legislation or SABS 1496.  The problem with splash suppressors is that they suppress the splash but the wheel flaps have to be specially serrated to prevent the water being dispersed sideways instead of suppressed downwards on to the road. No amendments have been made to Regulation 217, but SABS 1496 was slightly updated in 2001.  While it is conceded that Regulation 217 is in the statute book, the problem you mention is one of Law Enforcement and to draw the attention of the authorities to the need to ensure that wheel flaps are fitted to all goods vehicles of over 7 500 kg, an article will appear in a future edition of the FleetWatch and a copy will be sent to the DOT.  Wheel flaps – Regulation 217 (1) After 1 July 1999, no person shall operate a trailer with a gross vehicle mass exceeding 3 500 kg, or a bus or goods vehicle with a gross vehicle mass exceeding 7 500 kg, on a public road unless it is fitted with wheel flaps -  (a) which are properly maintained and approved by the vehicle manufacturer; or  (b) which comply with standard specification SABS 1496 "Wheel flaps fitted to motor vehicles."  (2) The provisions of subregulation (1) shall not apply to -  (a) a chassis or a cab and chassis which is being driven to a manufacturer, builder or motor dealer;  (b) a truck-tractor; or  (c) a vehicle which complies with the provisions of standard specification SABS 1496    "Wheel flaps fitted to motor vehicles", due to its design. A copy of SABS 1496 is being mailed to you. On receipt of the answer, this is the reply received from Nick McConnell:  Thank you for your reply and information regarding mud and wheel flaps. I didn't know that there are actually some laws already in place to govern this issue but like most other matters pertaining to law enforcement, it's not enforced! I hope that you've also sent a copy of Regulation 217 to DOT.

 

Speed limit for trucks Please advise where I can find legislation regarding the maximum speed limit for trucks.  Gerhard Hennig JPG Chemicals

FW: Refer to the Road Traffic Regulations in the Government Gazette No 20983 dated 17 March 2000, Chapter 9, Part II, Regulation 293. This document can be obtained from the Government Printers in Pretoria, tel (012) 334-4500.

 

Left Hand Drive Vehicles Greetings from Canada! We require an urgent favour. Our investors need to see proof of our claim that Left Hand Drive vehicles are not permitted for import into South Africa - likewise the importation of used trucks. We have tried to get the Statutory Instrument of the relevant government Gazette through the internet without success. Even the South African Embassies in both Ottawa and Washington told us to search through Google. Please can you help?  Geoff & Norma Gogle  Mammoth Trucks BC Ltd 186 Woodlands Place Penticton BC Canada V2A 3B

FW: Left Hand Drive are not allowed to operate on public roads in South Africa in terms of Road Traffic Regulation 200(2)(a) & (b), which was promulgated on 23 July 2004 in Government Gazette No. 26598. It states:  "Regulation 200 of the Regulations (2) (a) Subject to paragraph (b), no person shall operate on a public road a motor vehicle first registered in the Republic or any other country and into his or her name on or after 1 January 2000, the steering wheel of which is on the left hand side.       (b) Paragraph (a) does not apply in respect of a vehicle manufactured, built or imported by a registered manufacturer, builder or importer for the purpose of export or for the purpose of testing, assessment or development, if such vehicle is operated on a public road under an exemption in terms of Section 81 of the Act."  Used Vehicles imported into South Africa Used (secondhand) vehicles are not allowed to be imported into South Africa in terms of Section 6 of the International Trade Administration Act No. 71 of 2002 published in Government Gazette No. 25873 dated 2 January 2004, as part of the Motor Industry Development Programme.

 

Stones from trucks Just a short note to ask your advice regarding the following. On many occasions while driving behind a truck, stones fall from the truck and hit your car at a speed. The stones drop off when the truck goes through a dip or hole in the road and bounce off the road onto your car.  Quite often the stones do not come from the load itself but are stones that fell on the sides of the trailer or other places while loading took place. Surely the driver should be held responsible for anything that falls from his truck. Needless to say that it is costly to have a bonnet resprayed or a front windscreen replaced. A driver could also instinctively swerve out to prevent the stones from hitting the car and cause an accident with deaths as a result. On many occasions, you cannot even read the number plate on the truck because of mud and other dirt covering the plate. Please can you help!!!! Rudolph de Kock

FW: You mention stones falling off vehicles which cause a hazard and damage to your motor car but you also say that the stones are not part of the load. However, for this purpose the stones are on the vehicle and fall off, therefore they can be regarded as part of the load.  I must refer you to Road Traffic Regulation 246 which states that the load must be safely contained within the body of the vehicle and, if it is not, it is the responsibility of the operator and the driver. Therefore, your complaint will have to be directed to the operator who, in terms of Section 49 of the Road Traffic Act, is responsible for seeing that the driver carries out his duties correctly.  You also say that the licence number of the vehicle on the number plate is often obscured by mud. This is also an offence and in such instances, you should try to determine the licence number from the front number plate to enable you to direct your problem to the operator of the vehicle who is the registered owner whose name and address you can obtain from your local Licensing Authority.  If you can determine this, you can direct the details of any claim to the local Traffic Department and the local Licensing Department quoting the name and address of the operator of the vehicle who, I repeat, will be the registered owner. The point is, loads should be contained and there is legislation stating this. Stones should not be falling off trucks. It is dangerous and can, as you state, result in at best, costly damage and at worst, the loss of lives.

 

Tow-Away Zones Please can you advise me what the law states regarding private vehicles parking in a loading zone and been towed away. Is this legal as I understand that they can only tow a vehicle away if you are posing an obstruction or a danger to other road users? Tyrone Nel  Sales/Operations Manager Stellval Crane Hire

FW: It is not illegal to tow a vehicle which is parked in a loading zone but it is essential to establish whether or not the vehicle was, in fact, parked in terms of the legal definition of "Park".  ‘Park’ is defined in Section 1 of the Road Traffic Act – No. 93 of 1996 and states: (xlvi) "Park" means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle."  The only question or doubt is the interpretation of "length of time" that it is reasonably necessary for the loading or off-loading of persons or goods, but it does not include "no stopping areas." The short answer, of course, is not to park where parking is prohibited. We used to have tow-away zones but that road traffic sign is not used anymore.

 

Licence for scrap vehicle I bought a Freightliner ‘mechanical horse’ from an auction which was accident damaged (write off) and bank repossessed. The vehicle was licensed until the end of January 2006 (Ed’s Note: letter was received in December). I went to the licence department to scrap the vehicle. They refused to scrap the vehicle, saying I must register the vehicle into my name and pay license fees for 11 months and then they will scrap the vehicle - whereafter I could claim back the licence fee. I fail to understand why I must pay and thereafter claim the money back. But if the bank scraps the vehicle then they do not pay anything. Please could you comment on this.  Essa Suleman  Sales/Operations Manager  Stellval Crane Hire

FW: Your problem is the same as is so often experienced by people who buy "scrapped" vehicles and fix them for further use. It is thus I am outlining the full details of the legislation pertaining to this issue for the benefit of others who have or are experiencing the same problems.  Firstly, it must be emphasised that the word "scrapped" does not appear in the Road Traffic Act or the Regulations, and therefore a vehicle cannot technically be scrapped. If a vehicle is involved in an accident and in the opinion of the Insurance Company, is damaged beyond worth repairing, it is said to be "written off". However, to de-license and deregister the vehicle, it must be made "permanently unfit for further use" and the word "permanently" is emphasised. Originally, such vehicles were often sold to scrap dealers "voetstoots" and then fixed up and after obtaining a dubious Roadworthy Certificate and put back into service - sometimes with dire consequences. As a consequence, the Legislation was changed.  Included in the Sixth Amendment to the Road Traffic Regulations, on 25 September 2003, Regulation 55 was amended in Gazette No. 25484 which now reads:  "Procedure if a motor vehicle becomes permanently unfit for use as motor vehicle or has been permanently demolished 55. (1) If a motor vehicle becomes permanently unfit for use as a motor vehicle or has been PERMANENTLY DEMOLISHED, the owner of such motor vehicle shall:  (a) notify the title holder forthwith thereof; (b) within three months after the date on which such motor vehicle has become permanently unfit for use or has been permanently demolished, notify the appropriate registering authority, on form CNV as shown in Schedule 2, that such motor vehicle is permanently unfit for use as a motor vehicle or has been permanently demolished; and (c) submit the registration certificate of the motor vehicle concerned to the appropriate registering authority, if such certificate is in such owner’s possession.  (2) The title holder of a motor vehicle referred to in subregulation (1) shall –  (a) within three months after the date on which such motor vehicle has become permanently unfit for use or has been permanently demolished, notify the appropriate registering authority, on form ADV as shown in Schedule 2, that such motor vehicle is permanently unfit for use as a motor vehicle or has been permanently demolished; and  (b) if the registration certificate of such motor vehicle has not been submitted by the owner under subregulation (1)(c), submit such certificate and the notification referred to in paragraph (a) to the appropriate registering authority.  (3) On receipt of a notification referred to in subregulation (1)(b), (2)(a), (6)(a) or (7)(a), the registering authority shall -  (a) ensure that the notification is in order;  (b) if it is satisfied that the motor vehicle concerned has become permanently unfit for use as a motor vehicle or has been permanently demolished, update the particulars pertaining to the motor vehicle in the register of motor vehicles;  (c) issue an acknowledgement of receipt of the notification referred to in sub-regulation (1)(b) or sub-regulation (6)(a), on form ARN as shown in Schedule 2 to the owner; and  (d) in the case of the notification referred to in sub-regulation (2)(a) or sub-regulation (7)(a) issue a deregistration certificate on form VDC as shown in Schedule 2 to the title holder of the motor vehicle concerned.  (4) If a registering authority has in terms of subregulation (3)(c), acknowledged receipt of the notice referred to in sub-regulation (1)(b) or (6)(a), the owner of the motor vehicle concerned is exempt from liability for the licensing of such motor vehicle, with effect from the first day of the month following the month in which such acknowledgement was issued: Provided that a period during which the owner of such motor vehicle was unable to notify the appropriate registering authority due to circumstances beyond his or her control, shall be disregarded.  (5) If a motor vehicle record has been updated in terms of sub-regulation (3)(b), the record of the motor vehicle may be moved to the archive of the register on any date five years after the date on which such update took place.  (6) If a motor vehicle has been permanently demolished and the notification of such demolishment has not been indicated in the notification referred to in sub-regulation (1)(b), the owner of such motor vehicle shall, within three months after the date on which such motor vehicle has been permanently demolished -  (a) notify the appropriate registering authority, on form CNV as shown in Schedule 2, that such motor vehicle has been permanently demolished; and  (b) if not already, comply with all requirements of sub-regulation (1).  (7) If a motor vehicle has been permanently demolished and the notification of such demolishment has not been indicated in the notification referred to in sub-regulation (2)(a), the title holder of such motor vehicle shall, within three months after the date on which such motor vehicle has been permanently demolished -  (a) notify the appropriate registering authority, on form ADV as shown in Schedule 2, that such motor vehicle has been permanently demolished; and  (b) if not already, comply with all requirements of sub-regulation (2).". Furthermore, to ensure that such vehicle was accepted as permanently unfit for further use, "permanently" was defined in the same Gazette. "Permanently demolished" is defined in Regulation 1 as: "(f) "permanently demolished" means that the chassis of a motor vehicle has been -  (a) compacted;  (b) compressed;  (c) melted;  (d) destroyed; or (e) damaged;  to such an extent that the motor vehicle concerned cannot be made roadworthy and the chassis cannot be used to build a motor vehicle.".  It is strongly recommended that if you are really serious about permanently "scrapping" a vehicle and want to cancel the registration and license, then draw the attention of the Licensing Department to Regulation 55 as amended, and demolish the vehicle. If you intend to repair the vehicle, the Licensing Department cannot deregister the vehicle and you must continue to pay the annual license fee.  There is one way which you can avoid continuing to pay annual license fees, particularly if a vehicle is going to be out of service for long periods. Sell the vehicle to a motor dealer who can put the vehicle into his dealer stock where it does not have to be licensed, but Change of Ownership forms must be signed and the vehicle remains registered but not licensed. When you, and the vehicle, are ready, you buy it back from the dealer and complete the Change of Ownership forms, get a new Roadworthy Certificate and re-license the vehicle.

 

Chevron Board Please can you tell me what is required on the rear of a box trailer? I have yellow reflective tape at the bottom of the rear of the box with seven reflectors and yellow reflective tape down the side of my trailer. Is this correct or do I need a chevron board?  Kevin Rudden Turnaround Team Leader Engen Oil & Petroleum

FW: Although your request does not mention the gross vehicle mass (GVM) of thebox trailer, I am taking the liberty of assuming that the GVM does not exceed 3 500 kg. Firstly, we are dealing with two different requirements in terms of the Road Traffic Regulations – Contour Marking (Reflective Tape) and Chevron Boards (Reflectors). Contour Marking Only trailers first registered after 1 July 2004 must be provided with contour marking tape and all trailers first registered after 1 January 2006 must have contour marking tape.  Regulation 192A as amended on 25 September 2003 in Gazette No. 25484 in respect of the fitting of contour marking tape does not exempt you from providing chevron boards. Chevron Boards  However, in terms of Regulation 191(2)(b), if you can satisfy the Authorities that the design of the trailer is such that it is not possible to fit a chevron board, seven reflectors may be fitted if the GVM of the trailer does not exceed 3 500 kg or eleven reflectors if the GVM of the trailer exceeds 3 500 kg.

 

Licencing of altered motor vehicles Do you have a condensed document on what is required of an operator/owner in the event where an engine has to be changed? We have been led to believe the authorities insist a vehicle has to be returned to the province it was originally registered in order to get clearance after an engine has been replaced in another province .This does not sound feasible and undermines the intention of the NATIS system. Your advice would be appreciated.  Allan Whitfield  Technical Manager  Nedfleet/Nedlease

FW: I have checked with the National Department of Transport who confirm that there is no truth in the requirement that if you change the engine of a motor vehicle, you have to return the vehicle to the Province in which it was originally registered. Some time ago there was some thought on those lines, but nothing developed. The position is, nationally, when an engine is changed, Road Traffic Regulation 31 comes into play. This is:  Additional requirements for application for licensing in the case of alteration or reconstruction of registered motor vehicles 31. (1) When a motor vehicle is altered or reconstructed in such a manner and to such an extent that the motor vehicle licence or licence disc issued in respect of such motor vehicle no longer correctly describes such vehicle, such licence and licence disc shall become null and void on the date of the completion of such alteration or reconstruction and liability for the licensing of such motor vehicle shall arise on that date. (2) An application for the licensing of a motor vehicle referred to in subregulation (1), shall be made in terms of Regulation 24, and in addition to the requirements and documents referred to in that regulation, be accompanied by -  (a) Certificate of Roadworthiness;  (b) A Mass Measuring Certificate obtained in the manner referred to in Regulation 66;  (c) If required by the MEC concerned, a South African Police Service Clearance of the motor vehicle concerned.  (3) The registering authority shall notify the title holder of a motor vehicle of any reconstruction or alteration of such motor vehicle on Form ARN, as shown in Schedule 2.  There is one further requirement which is mentioned in Regulation 31(2)(c) but which is now a mandatory requirement.  I repeat that the procedure, as explained here, has been confirmed by the National Department of Transport and can be confirmed by contacting the DoT on telephone number (012) 309-3574.

 
 

... and not just trucks?

Golf Cart – Definition  I read an article on your website (albeit it a couple of years old) regarding the legislation and classification of certain vehicle types. I am particularly interested in the legal definition, according to the powers that be, of a Golf Cart and perhaps also a Quad bike as it seems people are now putting them in the same category. I would really appreciate any latest news or explanations you may have on this subject?  Cathy Bonafede

FW: Regarding a golf cart, there is no definition in the Road Traffic Regulations but there is for a motor quadrucycle which is how the association between the two started. More importantly, a golf cart is not included in the list of NaTIS Codes which means that a golf cart cannot be registered and licensed as such - but a quadrucycle is included in the NaTIS Codes. A quadrucycle is defined as a motor vehicle with four wheels which are designed to be driven by the type of controls usually fitted to a motor cycle. It must be remembered that a motor vehicle has to be registered and licensed whether operated on a public road or not. And remember that if a golf cart is operated on a public road, it must comply with all the safety regulations such as brakes, lights, etc. I am afraid this is all there is available in the present legislation but I can tell you that the NaTIS Codes are about to be completely revised which will probably clarify the situation – more specifically than at present. Ed’s Note: There you go hey! And who said we only know about trucks