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Transportation of school children (and other people) on bakkies

 

What you need to know about the amendment of Regulation 250 of the National Road Traffic Regulations.

On 11 May 2017, it will become specifically illegal to transport school children for reward in the goods compartment of any vehicle. Many people, including but not limited to the Minister and spokespersons for the Department of Transport have lauded this as being a giant stride in the right direction for road safety. I completely disagree and here’s why: Continue reading

Is insurance claim repudiation the answer to “drunk” driving?

Howard Dembovsky writes…

It has become common for insurance companies to include clauses in their policies where it is held that if a person drives under the influence of alcohol or drugs having a narcotic effect, their claim will be repudiated in the event of a claim. It has also become increasingly more common of late for them to repudiate claims citing the involvement of alcohol in crashes.

When I first heard that this was the case, I thought “good – at least someone is doing something and there will be a consequence which befalls those who drink and drive”. After all, the current state of affairs insofar as it relates to the prosecution of driving under the influence of alcohol is shambolic and both, I personally and JPSA have a long and vociferous history in trying to actively address this problem.
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Rescheduling road traffic offences to Schedule 5 offences is not the answer

Howard Dembovsky writes…

It is not unusual for reactionary, emotional and downright illogical statements to arise from the Minister of Transport and the RTMC when it becomes clear that no progress is being made in stemming the tide of road carnage in South Africa, but the latest assertions emanating therefrom are truly frightening and downright reckless.

When announcing the latest festive season road fatalities which amounted to 42 immediate deaths per day arising out of the 1,755 total deaths during the 2015/16 festive season, Ms Peters said “I have been deeply concerned by those caught speeding and the seeming ease with which these speedsters were granted bail”. She also said “The reclassification of all road traffic offences to Schedule 5 of the Criminal Procedure Act will receive high priority in our endeavour and quest for a mandatory minimum sentence for drunken driving, for inconsiderate and reckless and negligent driving.” Continue reading

Planning your journey – it’s not as simple as it used to be

Potholes

Lewis Caroll said: “If you don’t know where you are going, any road will get you there.” Unfortunately, Mr Caroll lived during the 19th Century and he most certainly did not live in South Africa.

According to the ¹South African National Roads Agency (SANRAL), South Africa has an estimated roads network of some 750,000 kilometres, of which only 158,124 kilometres were tarred as at 19 August 2014. Some of these tar roads are in a fair to good condition and, in a few cases, excellent condition and some may as well not be tarred since they are so pitted with potholes that they can hardly be defined as safe roads upon which to drive. Gravel roads bring with them their own set of problems, not least of which is that most city cars (and drivers) are simply not fit to drive on them. Continue reading

JPSA’s submission on government gazette 39482 AARTO Regulations draft amendments

Department of Transport
Private Bag X193
PRETORIA
0001

ATTENTION: Mr Sello Mokubyane and Adv N Thoka

PER EMAIL TO: MokubyaS@dot.gov.za and Thokan@dot.gov.za

Your Ref: GOVERNMENT GAZETTE No. 39482, NOTICE No. 1204, 7 DECEMBER 2015
Our Ref: GG
39482 Comments

Tuesday, 29 December 2015

Dear Sirs,

PUBLICATION OF THE ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT, 1998, ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES AMENDMENT REGULATIONS, 2008 FOR COMMENTS

 

  1. We refer to the proposed amendments to the Administrative Adjudication of Road Traffic Offences Amendment Regulations, 2008 tabled in Notice No. 1204 of 2015 in Government Gazette No. 39482 of Monday 7 December, 2015.

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Section 35 of the National Road Traffic Act.

Road Traffic Offences for which your driving licence MUST be suspended

Abstract

On a monthly basis, we receive a mountain of enquiries from people who have been informed that they are to be summoned to appear in court on “No Admission of Guilt” (NAG) matters and it is becoming untenable to reply to each and every enquiry repeating what is mostly a standard response. For this reason, we have decided to put this web page up so everyone comes to understand the seriousness of these matters and hopefully avoids falling foul of the law. Continue reading

Summonses & written notices issued under the Criminal Procedure Act

Important advisory regarding summonses issued under the Criminal Procedure Act.
Issued by Justice Project South Africa (NPC) in the interests of public awareness
Authored by Howard Dembovsky

Executive Summary

Next to actually going to jail, incurring a criminal record is one of the most serious things that can happen to anyone.  It is part of the deterrent factor that laws and law enforcement tries to project in order to instil and maintain law and order.

But when people incur criminal records on an arbitrary, wholesale basis because they have been misled into believing that the “responsible thing to do” is to pay their traffic fines, a grotesque perversion and miscarriage of justice can be the only result. Continue reading