Law

Road Traffic Management Corporation

Map to RTMC : http://www.arrivealive.co.za/

document/RTMC_map.pdf 

1. What is the RTMC. The Road Traffic Management Corporation (RTMC) commenced its operations in April 2005 with the main purpose to pool powers and resources to eliminate the fragmentation of responsibilities for all aspects of road traffic management across the various levels of government in South Africa, and to bring a professional approach and improved confidence into the entire system. It  was established in terms of Section 3 of the Road Traffic Management Corporation Act, No. 20 of 1999, for co-operative and coordinated strategic planning, regulation, facilitation and law enforcement in respect of road traffic matters by the national, provincial and local spheres of government. The RTMC faces a tough challenge to fight lawlessness on our roads, to improve the overall safety of all road users and to encourage responsible road usage behavior in order to ensure the safety and quality of life of South African citizens.  This has to be a shared responsibility between government, business, community groups and individuals.

FUNCTIONAL AREAS OF THE RTMC ARE:

Training of traffic personnel; Road traffic information; Accident investigations and recording thereof; Communication and education; Infrastructure safety audits; Road traffic law enforcement; Vehicle registration and licensing; Vehicle and roadworthiness testing; Testing and licensing of drivers; and Administrative adjudication of road traffic offences (AARTO)

Recognizing the importance of the regulation of public transport and road traffic to the development, safety and quality of life of all South Africans, the purpose for which the RTMC was established is:

- To enhance the overall quality of road traffic management and service provision - To strengthen the cooperation and coordination between the national, provincial and local spheres of government in the management of road traffic

- To maximize the effectiveness of provincial and local government efforts, particularly in road traffic law enforcement - To create business opportunities, particularly for the previously disadvantaged sectors, to supplement public sector capacity - To guide and sustain the expansion of private sector investment in road traffic management

The national traffic call centre (NTCC) for RTMC

Call centre Number : 0861 400 800 (Not toll free) Fax no : 086 602 5928

How many times have you said: there is no traffic officer around when needed, or how often have you wished you could report a blatant traffic offence, an un-roadworthy vehicle or aggressive, irresponsible, negligent or reckless driving behaviour?

In order to provide for this need it was decided to establish a National Traffic Call Centre (NTCC) to give easy access to drivers, pedestrians and public road transport passengers on buses and minibus taxis to report unsafe vehicles and reckless and negligent driver behaviour; as well as fraud and corruption within the traffic situation. The Call Centre will also provide the general public with the opportunity to report moving violations and overloading as well as fraud and corruption at Vehicle Testing Stations and Driving Licence Testing Centres. Incidents and accidents can also be reported and the Centre is also a source of limited road traffic information.

Your participation is therefore vital to the success of this project. Remember, the road belongs to all of us, let us use it safely together.

Purpose of the Call Centre:

The purpose of the Call Centre is to, with the assistance of commuters and road users in general, amongst others identify: - The occurrence of road traffic offences on the road and street system - The types of offences committed by these road users - The time and location of the most frequent offences - Fraud, bribery and corruption in traffic management, control and law-enforcement

Main Objectives of the Call Centre

- To promote voluntary compliance with traffic legislation - To reduce traffic contraventions and road rage - To improve safe and courteous road user behaviour - To increase the quality and broaden the scope of traffic information regarding hazardous or potential hazardous locations, offence and incident/accident prone areas, etc - To identify regular traffic offenders - To inform operators and owners of freight and public passenger vehicles of traffic offences committed or poor behaviour and road discipline displayed by their drivers

Information to be reported:

To make the best use of the information provided by the public to the Call Centre, the following minimum information is required:

- The name of the Province in which the incident/offence was detected (Gauteng, Free State, etc) - In Built-up Areas and Cities and Towns : the name of the City or Town and Suburb as well as the Name of the Street or Junction between two streets (For example: Pretoria, Arcadia, Church Street between Hamilton and Beatrix Streets OR Pretoria, Lynnwood, at Junction of Lynnwood Road and Atterbury Road.

- The Day, Date and Time of the Incident: For example: Wednesday, 5 December 2007 at 06:45. - Detail of the Vehicle observed: Registration number, make, model (if possible) and colour. (For example ABC 123 GP, Mercedes Benz, C180, White). - Detail of the Incident : For example: - driver ignored red traffic signal - driver overtook across a solid barrier line - failure to indicate intension to change lanes - turn from wrong lane In addition:

- Report accidents, incidents and other emergencies – these types of calls will immediately be relayed from the National Call Traffic Centre to the relevant traffic and emergency services to be followed-up, verified and responded to as soon as possible. - Provide traffic information on traffic lights out of order, traffic congestion, poor road conditions, missing road signs, animals on the road, etc. - Report on traffic fraud and corruption - Report on good, helpful and courteous driver behaviour and friendly and helpful traffic officers, or - Request information on road and traffic conditions, etc All reports must please be specific. If reports on reckless and inconsiderate behaviour are submitted, please provide factual reasons on why you think a driver behaved recklessly or inconsiderately. A prepared report form for use by recorded Traffic Observers is attached hereto. If you are not yet recorded as a Traffic Observer please do so and submit your Application form together with your first report.

The information collected by the Centre is, amongst others, utilised for:

- Advising the registered owner of the vehicle by letter of the nature and location of the alleged offence, together with a road safety message - Identification of regular offenders (after they have been reported a number of times) and request senior Provincial and Local Authority traffic officers to meet with such persons and explain the unacceptability of their regular contraventions and the dangers involved. The information collected on regular offenders will also be correlated with traffic offence notices issued to them by the traffic authorities - Prepare and distribute reports to the SAPS and the relevant Traffic Authority on the routes and/or locations where stolen vehicles and vehicles with false registration plates were observed; where regular traffic offences occur; the nature of such offences, etc so that appropriate law-enforcement can be planned and undertaken at such places, as well as cases of fraud and corruption were observed, etc - Identification of the most frequently reported traffic offences and comparing these with the reported contributory factors to traffic accidents at specific locations, etc - Identification of courteous and helpful road users and traffic officers

Renewal of Driving Licence Card

Your South African drivers license card serves as valid proof that you have a South African drivers license. When you’re drivers license card expires, it does not mean that your drivers license has expired – only that the card serving as valid proof that you hold such a license has expired. When you renew your card you will not be expected to undergo a drivers license test.

The process to follow should your drivers license card be lost or stolen is the same as for the renewal of a drivers license card that is about to expire/has expired.

1. Renewal of drivers license card in the case of applicants within the borders of the Republic of South Africa:

1.1 Applicants must submit the following at the appropriate drivers license testing centre (DLTC): - A duly completed form DL1 - Identification (ID) document - Certified copy of the ID document (for filing purposes) - Four photographs (same format as that required for ID documents) - The card issuing fee

1.2 The new drivers license card should be available for collection at the DLTC at which the application was submitted within approximately six weeks. If the application for a new card is submitted within 2 months of expiry, the expiry date is extended for 3 months. If the card has already expired at the time of application, an application for a temporary drivers license should be made at the same time. 1.3 If an applicant knows that he or she will be unable to receive the drivers license card in person at the driving license testing centre, the application must be accompanied by the following:

- A certified copy of the ID document of the person who will collect the card on the applicant’s behalf – An affidavit in which the applicant states why he or she will be unable to receive the card in person, and lists the name and ID number of the person who will receive the card on his or her behalf - The person whose name and ID number appears on the affidavit must, when collecting the card on behalf of the applicant, present his or her ID document - If an applicant is unable to receive the card in person due to unforeseen circumstances, the person who collects the card on behalf of the applicant must submit the following:

- His or her ID document and a certified copy thereof - A certified copy of the ID document of the applicant - An affidavit in which the applicant explains the nature of the unforeseen circumstances preventing him or her from receiving the card in person and lists the name and ID number of the person who will receive the card on his or her behalf 2. Renewal of driving license card in the case of applicants who reside outside the borders of the Republic of South Africa:

- One needs to apply in person for renewal of a drivers license card as new fingerprints, photographs; a signature and an eye test are required - Should the applicant know that he/she will not be in the country at the time of delivery, he/she may nominate a relative or other person to collect the card on his/her behalf. Such an applicant must follow the procedure explained in 1.3 above. In addition, the applicant must, when personally submitting the application, notify the relevant DLTC that he or she has nominated another person to collect the card upon delivery - As in the previous instances, such applicants can apply for a temporary drivers license and submit this together with their application for a renewal 3. Applicants outside the borders of the RSA whose drivers license cards have expired or were lost/stolen and who are not in a position to return to the RSA to have the license renewed:

- The Road Traffic Management Corporation (RTMC) is in a position to issue a confirmation letter should such an applicant have a valid license (this will be established on the eNaTIS). The letter will serve as proof that the applicant does indeed hold a valid license and this will enable him/her to convert the license to a foreign driving license in the country in which he/she currently reside - Please note that such a confirmation letter cannot be interpreted as a drivers license when presented to a law enforcement official - Applicants requiring confirmation letters are requested to include their RSA ID number and postal address (to which the letter will be mailed) with their application

AARTO

What is AARTO all about? The Administrative Adjudication of Road Traffic Offences (AARTO) Act, No. 46 of 1998 click here, which was approved by Parliament in 1998, was, amongst others, created with the view to forge a closer and more effective and efficient link between enforcement and the adjudication process, yet which is still objective, transparent and fair. AARTO brings with it a parity of fines which will encourage the road using public to take traffic offences and resulting fines much more seriously. It also brings with it improved fine collection procedures and a revenue stream that will be used for improving road safety; as well as more convenient ways of paying fines and more penalties for not paying within the prescribed time, eventually leading to confiscation of movable property and ultimately to being declared unfit to operate a motor vehicle. The objectives of AARTO are, amongst others:

- to encourage the payment of penalties imposed for infringements - to establish a procedure for the effective and expeditious adjudication of infringements - to encourage compliance with the national and provincial laws - to alleviate the burden on the courts of trying offenders for infringements - to penalise drivers and operators who are guilty of infringements or offences through the imposition of demerit points leading to the suspension and cancellation of driving licenses, professional driving permits or operator cards

Tracking of Fines

Can the Traffic Authorities track my fine when on holiday in another Province? If you are fined while on holiday in Durban, it may take traffic authorities in Johannesburg a while to become aware of it. However, such information is stored on a common database called the National Traffic Information System. Municipalities can feed their information on to the system and once a person has committed an offence, the car and its registration number are captured on the database and local authorities have access to the motorist’s name and address. The summons can then be sent to the appropriate address. This, however, may take some time.

International driving permit

An International Driving Permit (IDP) issued in any country other than South Africa (RSA), is valid to drive with in the RSA if:

- The IDP was issued on a date on which the holder thereof has not been permanently or ordinarily resident in the RSA. A person is permanently resident in the RSA if he/she is a RSA citizen, or disposes over an official document issued by the Department of Home affairs that grants the right to permanently reside in the RSA, and he/she resides in the RSA. Contract workers and visitors are not permanently resident in the RSA if they do not comply with the aforementioned conditions, regardless of the length of their stay in the RSA and therefore the IDP will be valid until expiry. A person is ordinarily resident in the RSA if he/she is in the RSA on an extended visit of more than three months on a contract of employment (not just visiting);

- The IDP is accompanied by the drivers license on the authority of which such permit was issued. The drivers license may have been issued at any time even if the person resided permanently in the RSA at the time the license was issued and may be in any foreign language and without a photograph and signature

- The IDP is valid (i.e. it has not expired yet)

- An IDP remains valid until the expiry date of the IDP OR until the drivers license on the authority of which such permit was issued is no longer valid OR until the holder thereof has been permanently resident for a continuous period of 1 year in the RSA, whichever is earlier An International Driving Permit (IDP) issued in any country other than South Africa (RSA), is valid to drive with in the RSA if: - The IDP was issued on a date on which the holder thereof has not been permanently or ordinarily resident in the RSA. A person is permanently resident in the RSA if he/she is a RSA citizen, or disposes over an official document issued by the Department of Home affairs that grants the right to permanently reside in the RSA, and he/she resides in the RSA. Contract workers and visitors are not permanently resident in the RSA if they do not comply with the aforementioned conditions, regardless of the length of their stay in the RSA and therefore the IDP will be valid until expiry. A person is ordinarily resident in the RSA if he/she is in the RSA on an extended visit of more than three months on a contract of employment (not just visiting);

- The IDP is accompanied by the drivers license on the authority of which such permit was issued. The drivers license may have been issued at any time even if the person resided permanently in the RSA at the time the license was issued and may be in any foreign language and without a photograph and signature

- The IDP is valid (i.e. it has not expired yet)

- An IDP remains valid until the expiry date of the IDP OR until the drivers license on the authority of which such permit was issued is no longer valid OR until the holder thereof has been permanently resident for a continuous period of 1 year in the RSA, whichever is earlier - An IDP remains valid until the expiry date of the IDP OR until the drivers license on the authority of which such permit was issued is no longer valid OR until the holder thereof has been permanently resident for a continuous period of 1 year in the RSA, whichever is earlier

An International Driving Permit (IDP) issued in any country other than South Africa (RSA), is valid to drive with in the RSA if:

- The IDP was issued on a date on which the holder thereof has not been permanently or ordinarily resident in the RSA. A person is permanently resident in the RSA if he/she is a RSA citizen, or disposes over an official document issued by the Department of Home affairs that grants the right to permanently reside in the RSA, and he/she resides in the RSA. Contract workers and visitors are not permanently resident in the RSA if they do not comply with the aforementioned conditions, regardless of the length of their stay in the RSA and therefore the IDP will be valid until expiry. A person is ordinarily resident in the RSA if he/she is in the RSA on an extended visit of more than three months on a contract of employment (not just visiting);

- The IDP is accompanied by the drivers license on the authority of which such permit was issued. The drivers license may have been issued at any time even if the person resided permanently in the RSA at the time the license was issued and may be in any foreign language and without a photograph and signature

- The IDP is valid (i.e. it has not expired yet)

- An IDP remains valid until the expiry date of the IDP OR until the drivers license on the authority of which such permit was issued is no longer valid OR until the holder thereof has been permanently resident for a continuous period of 1 year in the RSA, whichever is earlier

- The holder of an IDP may drive a motor vehicle of the appropriate class for own use. The person concerned may not drive a motor vehicle for which a professional driving permit is required.

Foreign Driving Licences

Surrendering of foreign licenses Section 15 (1) (e) of the National Road Traffic Act, Act no 93 of 1996 stipulates: “A person shall be disqualified from obtaining or holding a learners or drivers license if such license relates to a class of motor vehicle which he or she may already drive under a license held by him or her.” For this reason a person will be expected to hand in their foreign drivers license and international permit when such license or permit is converted to a RSA license.

A drivers license issued in any country other than South Africa (RSA), is valid to drive within the RSA if: - The foreign drivers license was issued on a date on which the holder thereof has not been permanently or ordinarily resident in the RSA. A person is permanently resident in the RSA if he/she is a RSA citizen, or disposes over the right to permanently reside in the RSA based on an official document issued by the Department of Home Affairs, and he/she resides in the RSA. A person is ordinarily resident in the RSA if he/she is in the RSA on an extended visit of more than three months on a contract of employment (not just visiting). The permanent residence requirement does not apply to a holder of a diplomatic permit or a treaty permit

- The license is in English OR a translation of the license in English is attached to the license OR a certificate of authenticity or validity in English which was issued by a competent authority (e.g. the Embassy or Consulate) of the country concerned, is attached to the license. The legislation does not prescribe who should attach a translation or a certificate of authenticity or validity to a driving license, how it should be attached or when it should have been attached. The legislation also does not prescribe that the translation should state the capacity of vehicle the license authorises. The code of the license does not necessarily relate to a South African license code, and therefore should describe the capacity of vehicle the license authorise

- The license contains or has attached thereto the photograph and signature of the holder thereof. The legislation does not prescribe who should attach a photograph and signature to a drivers license, how it should be attached or when it should have been attached. The rule of thumb here should be that if a license does not have the holder’s photograph or signature contained on it, some other formal document like a passport that contain the person’s photograph or signature should accompany the license

A foreign drivers license remains valid until: - In the case where the holder of such foreign license is an RSA citizen or a person that already have permanent residence, the person returns to the Republic to resume permanent residence and has been permanently resident for a continuous period of 1 year in the RSA

- In the case of another person, the person obtains permission in terms of any law for permanent residence in the Republic and has taken up permanent residence and has been permanently resident for a continuous period of 1 year in the RSA. The question is raised whether contract workers and visitors can be regarded as permanently resident in the RSA. If contract workers and visitors do not comply with the aforementioned conditions, regardless of the length of their stay in the RSA, they are not permanently resident in the RSA. The permanent residence requirement does not apply to a holder of a diplomatic permit or a treaty permit

- The holder of a foreign drivers license (excluding a provisional (or learners) license) issued in a prescribed territory (the Southern African Development Community member states, including Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Zambia, Zimbabwe and Tanzania) as referred to above may drive:

- A motor vehicle of the appropriate class for own use - A motor vehicle for which a professional driving permit is required in the RSA if the foreign license allows the person concerned to drive such a motor vehicle without any other authorisation in his/her territory. Should a further authorisation be required to drive such a motor vehicle in his/her country then the person should also have such an authorisation with him/her when driving such a vehicle. Any document issued by a competent authority in any prescribed territory and serving in that territory a purpose similar to that of a professional driving permit shall, subject to the conditions thereof and to such conditions as may be prescribed, be deemed to be a professional driving permit for the purposes of the Act

- Professional driving permit is required for the driving of: - A goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms - A breakdown vehicle - A bus - A minibus - The gross vehicle mass of which exceeds 3 500 kilograms - Which is designed or adapted for the conveyance of 12 or more persons, including the driver - A motor vehicle used for the conveyance of persons for reward or is operated in terms of a operating license issued in accordance with the NLTTA - A motor vehicle used for the conveyance of dangerous goods - A motor vehicle conveying 12 or more persons including the driver - The holder of a foreign drivers license (excluding a provisional (or learners icense) issued in any other untry (excluding a prescribed trritory) as referred to ove may drive a motor vehicle of the appropriate class for own use. The person concerned may not drive a motor vehicle for which a professional driving permit

For Aarto enquiries please contact: Tel: 086 122 7861 Fax: 086 662 8861 Email: aartoenquiries@rtmc.co.za