Law Clinix

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 Traffic Law Matters

Traffic on our roads may consist of pedestrians, vehicles and other haulers or conveyances such as trucks which makes use of any public way for purposes of travel.

Traffic laws in South Africa are listed in the National Road Traffic Act 93 of 1996 which govern traffic and regulate vehicles, while rules of the road are both seen as the law and the regulations.

Organised traffic generally has well-established priorities, lanes, right-of-way and traffic control at intersections.

Traffic is often classified by type:

  •  heavy motor vehicle (e.g., car, truck)
  •  other vehicle and pedestrian.

Different classes may share speed limits and easement, or may be segregated.

Speeding offences are usually regarded as less serious offences, but Section 59 of the National Road Traffic Act, 1996 (Act 93 of 1996)provides for the imposition of speed limits on different types of roads, as well as a prohibition on the exceeding of the predetermine speed limits.Section 59(1) of Act 93 of 1996

The section reads as follows: (1) The general speed limit in respect of –

  • 60 km/h on a public road within an urban area
  • 100 km/h on public road outside an urban area which is not a freeway; and
  • 120 km/h on freeways.


1.  Subject to subsection (3), every driving licence or every licence and permit of any person convicted of an offence referred to in –

(a)  section 61(1)(a), (b) or (c), in the case of the death of or serious injury to a person;

(A)  section 59(4), in the case of a conviction for an offence, where-

(i) a speed in excess of 30 kilometers per hour over the prescribed general speed limit in an urban area was recorded; 

or


(ii) a speed in excess of 40 kilometers per hour over the prescribed general speed limit outside an urban area or on a freeway was recorded;

(b)  section 63(1), if the court finds that the offence was committed by driving recklessly;

(c)  section 65(1), (2) or (5), where such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of –

(i)  a first offence, for a period of at least six months;
(ii) a second offence, for a period of at least five years; or
(iii) a third or subsequent offence, for a period of at least ten years, calculated from the date of sentence.

Essential details what a traffic summons must contain to be valid on the court date in order to authorize a bench warrant for the traffic offender.

When the essential details is missing then the traffic summons is defective an a bench warrant can not be not invalidate or the traffic offender can oppose the validy thereof on the court or the alleged offender must go to the Senior Public Prosecutor to bring this under his attention that he can “Nolle Proseque” the Case.

 

Essential details

1). Full Name, Surname & ID Number of driver of vehicle.

2). Date when offence committed,if one of the two left out or not the same is a defect.

3). The last date when the Admission of guilt (AOG) can be paid, this must before the court date if later then defective.

4). The time of the alleged offence.

5). Penalty amount of offence, this can change form Province to Province or Municipality to Municipality, even more offences on one Summons.

6). The court date must be on a week date if on weekend or public holiday the then defective.

7). The registration number and letters is essential, if left out is then defective.

8). The offence Section or regulation number and number of Traffic Act 93 of 1996 MUST be in if not correct WHAT ACT THEN?

See the list of offences below if not correlating  then defective

FORM DOWNLOAD FOR APPLICANTS

Sec 56 Notice (Summons) to appear in court in terms CPA 51 of 1977.
Traffic Summons.pdf (118.69KB)
Sec 56 Notice (Summons) to appear in court in terms CPA 51 of 1977.
Traffic Summons.pdf (118.69KB)
List of relevant violations
Violation List.pdf (92.78KB)
List of relevant violations
Violation List.pdf (92.78KB)


Prevent Police Corruption

  

 

USE FULL LINKS:

http://www.arrivealive.co.za/default.aspx

http://www.greedfines.co.za/default.asp

http://www.salearners.co.za/Content/SpeedingFines.aspx

http://www.trafficfinelaw.co.za/


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