SAIA Bulletin: Amendment of the National Road Traffic Regulations: The National Road Traffic Act, 1996

The Department of Transport published Notice 458 of 2012 which constitutes the draft Regulation Amendment to the National Road Traffic Regulations for comment by 6 July 2012. A circular to invite comment from SAIA members was forwarded to SAIA members on

These proposed amendments could have severe consequences for our motor insurance members. Potential issues include:

* The prohibition of the use of any part of a vehicle that is declared „unfit to repair‟. Such a vehicle will have to be demolished in its entirety. Currently many motor members are getting an income from selling such parts.

* Providing of proof of address (similar to the Financial Intelligence Centre Act (FICA) requirements) by titleholders when registering vehicles. This will have a huge impact on proxies.

The proposals on provisional drivers‟ license, while positive in principle, involve onerous requirements such as 60 hours (over a 1 year period) of driver training through accredited driving schools which will exclude a lot of people from having access to a driver‟s license on the grounds of expense. In addition, if a driver‟s license is suspended for any reason such as AARTO demerit points, a person will have to apply for a new license and go through the provisional driver‟s license process which could take up to 24 months.

* There is no provision for transitional arrangements, and the regulations will become effective with immediate effect once finally published.

Potential benefits include:
* A form of provisional driver‟s licenses could have a positive effect on road safety.
* Some form of roadworthy testing could have a positive impact on road safety.
* Regulations around driving hours for certain classes of vehicles may have a positive impact on road safety.
* A provision is proposed for applications for on-line access to eNaTiS.
* The proposed new requirement that consignors and consignees may not transport or accept goods on a public road unless it is fully insured for potential damage may benefit the industry through more business.

We will keep our members informed on all future developments regarding the proposed amendments as and when they occur.