Legal

Update on Transport Legislation and Workshop Invitation

  • The Department of Transport and the Cross-border Road Transport Agency have published Notice No. 466 in Government Gazette No. 42332 of 25 March 2019. The notice amends the cross-border fees for permits. (The Gazette Gazette is available at www.gpwonline.co.za)
  • The Supreme Court of Appeal made a ruling on 26 March 2019 in the Mount Edgecombe Country Club Estate case on the roads in gated estates. In terms of the ruling streets in gated estates are not regarded as public roads in terms of the National Road Traffic Act, 1996. The Durban High Court had initially ruled in favour of the association regarding the road issues, but Mr Singh, a resident in the estate that was charged for speeding by the estate, took that decision on appeal to the Pietermaritzburg High Court in 2017 and won the matter. The Appeal to the Supreme Court of Appeal was successful in favour of the Estate. Although the case revolved around the display of road signs and enforcement of speed limits, the verdict has an impact on the other offences in the National Road Traffic Act, 1996 as well. As an example, a driving licence is only required when a person drives on a public road, and drunken driving is only an offence on a public road.  Areas and estates, as described by the ruling, will have to have their own rules in place to ensure compliance with road rules and driving licences. The impact of the verdict will be discussed at the workshops in May and June.

The Ruling is available on our Website.  www.altaswanepoel.co.za – Publications

http://www.altaswanepoel.co.za/Mount%20Edgecomb%20vs%20N%20Sing.pdf

INVITATION TO OUR 20th ANNUAL ROAD TRAFFIC AND TRANSPORT LEGISLATION WORKSHOP – 2019

We wish to invite you to register for our Twentieth Annual Road Traffic and Transport Legislation Workshops.  (No fee increases from 2018) (NRTA and documents available in hardcopy (book) or on USB)

VENUES:

21 May 2019  – Stellenbosch (Protea Hotel, Techno Park)

23 May 2019  – Durban (Garden Court, Marine Parade)

6 June 2019  – Pretoria (CSIR)

OUR SPEAKERS AND TOPICS

ALTA SWANEPOEL

Road Traffic and Transport Legislation Consultant (Alta Swanepoel & Associates), editor LexisNexis Road Traffic and Transport legislation

Update on Road Traffic and Transport Legislation.  The presentation will address the latest developments on the National Road Traffic Act and Regulations, AARTO and the National Land Transport Act.

JOHANNES MAKGATHO

Chief Director: Road Transport Regulation, Department of Transport

The High Cube Container Legislation: The Government Perspective. A moratorium is currently in place exempting compliance with regulation 224(b) of the NRTA until 1 January 2020. The regulation states that a maximum height of 4.3 m is allowed for all vehicles except double-deck buses. Many high cube containers carried on goods vehicles exceed this height and has been exempted from 2011 until 1 January 2019. A further moratorium was published by DOT that allows for the movement of these containers at a height higher than 4.3 metres (4.6) until the end of 2019. Mr. Makgatho will present the government’s view on the issue.

MIKE WALWYN

Director of South African Association of Freight Forwards

The High Cube Container Legislation: An Industry Perspective. As a member of the task team appointed by the Minister, Mr Walwyn will present the industry’s view on the way forward.

ROAD TRAFFIC MANAGEMENT CORPORATION (RTMC)

The draft National Road Traffic Law Enforcement Code – Section 32 of the RTMC Act requires the RTMC to develop a law enforcement code regulating road traffic enforcement. The presentation addresses the latest draft of the NRTLEC.

MAX BRAUN

Consultant in Transport Management, Distribution & Logistics Consultant (MB Consulting Services), contributor Fleetwatch magazine

Proposed retesting of licensed drivers – implications and practicality. The presentation investigates the capacity of the municipalities, options for retesting and viability of the proposed retesting of licensed drivers.

The Registration fee is R3 250,00 per person (VAT Included) and includes the workshop documentation, an updated copy of the NRTA, refreshments and lunch.   We are an ECSA member: SARF17/ASA01/20

TO REGISTER – Please contact our office via email to request a registration form or visit our website.

OFFICE NUMBERS:  012 332 2186 / 9  OR  067 147 3247     FAX NUMBER:  086 672 0469

E-MAIL:  admin@altaswanepoel.co.za  OR  altaswanepoel@mweb.co.za

Visit our website for a Registration Form: www.altaswanepoel.co.za

FACEBOOK:   www.facebook.com/altaswanepoelcc

You are welcome to forward this invitation to any other interested parties who may wish to attend the workshop.

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