Northern Province Road Traffic Application Act, 1995

Jurisdiction
South Africa · Limpopo
Citation
Act 7 of 1995
Date
15 December 1995
Language
English
Type
Legislation
Download
Download PDF (183.7 KB)
Taxonomies
Limpopo
South Africa

Northern Province Road Traffic Application Act, 1995

Act 7 of 1995

(English text signed by the Premier)To make the provisions of the Road Traffic Act, 1989 (Act No. 29 of 1989), applicable in the areas of the Northern Province which formed part of the former Gazankulu, Lebowa and Venda before the commencement of the Constitution of the Republic of South Africa, Act No. 200 of 1993; to define and redefine certain expressions; to provide for the phasing in of the provisions of the Road Traffic Act, 1989; to provide for the discontinuance of the provisions of the Gazankulu, Lebowa and Venda Road Transportation Acts with regard to certain goods vehicles; and to provide for matters incidental thereto.BE IT ENACTED by the Provincial Legislature of the Northern Province, as follows:—

1. Definitions

In this Act, unless the context otherwise indicates—“Constitution” means the Constitution of the Republic of South Africa, Act No. 200 of 1993;“Gazankulu Act” means the Gazankulu Road Traffic Act, 1991 (Act No. 10 of 1991);“Gazette” means the Provincial Gazette of the Northern Province;“Lebowa Act” means the Lebowa Road Traffic Act, 1973 (Act No. 8 of 1973);“Member” means the member of the Executive Council of the Northern Province responsible for public transport,“principal Act” means the Road Traffic Act, 1989 (Act No. 29 of 1989);“Regulations” means the Road Traffic Regulations, 1990,“Venda Act” means the Venda Road Traffic Act, 1975 (Act No. 7 of 1975).

2. Application of principal Act

(1)The sections of the principal Act which are in force at the commencement of this Act, and any Regulations made in terms of the principal Act, and any future amendments to the Act or the Regulations, shall subject to the provisions of this Act, be applicable in the areas which, before the commencement of the Constitution were known as Gazankulu, Lebowa and Venda (hereafter referred to as Gazankulu Lebowa and Venda).
(2)Any other section of the principal Act which comes into force, shall simultaneously come into force in Gazankulu, Lebowa and Venda.

3. Interpretation of certain expressions

In the application of the provisions of the principal Act, a reference to—
(a)“Administrator” shall be construed as a reference to the Member;
(b)“Department of State” shall include any government department of the Northern Province;
(c)“Department of Transport” shall be construed as a reference to the Department of Public Transport of the Northern Province;
(d)“Director-General” shall be construed as the chief exe­cutive officer of the Department of Public Transport of the Northern Province;
(e)“repealed ordinance”, in relation to regulation 239(3) of the Regulations, shall include the Gazankulu, Lebowa and Venda Act;
(f)“Schedule” in section 153(1), shall, subject to the provisions of this Act, be construed to include the Gazankulu, Venda and Lebowa Acts; and
(g)“Transvaal” shall be construed as including Gazankulu, Lebowa and Venda.

4. Appointment of registering authorities

Any registering authority appointed in terms of the Gazankulu Act, the Lebowa Act or the Venda Act, shall be deemed to be appointed in terms of section 2 of the principal Act.

5. Registration and licensing of motor vehicles

(1)From a date determined by the Member by notice in the Gazette, regulations 3 to 45 inclusive, of the Regulations, shall cease to apply in the area of jurisdiction of a registering authority referred to in Schedule 1 and regulations 175 to 238V of the Regulations shall, as from such date become applicable in such area: Provided that the Member may determine a different date of implementation for each registering authority.
(2)The provisions of any law regulating the registration and licensing of motor vehicles in force in the area of jurisdiction of a registering authority referred to in subsection (1) which is in force immediately prior to the com­mencement of this Act, shall remain in force in such area until the date referred to in subsection (1).
(3)On the date referred to in subsection (1), the provisions of the law referred to in subsection (2) shall be repealed for the registering authority concerned.
(4)Notwithstanding the provisions of regulation 18 or regulation 198 of the Regulations, as the case may be, a motor vehicle registered in Lebowa may from 1 January 1996 be licensed once only for a period of not less than six months and not exceeding 18 months, as determined by the Member, and the fees in respect of such licensing shall be calculated pro rata.

6. Certain institutions and officers deemed to comply with pro­visions of principal Act

Notwithstanding the provisions of the principal Act, any drivers’ licence testing centre, vehicle testing station or any manufacturer, builder, importer or authorised officer in Gazankulu, Lebowa or Venda shall be deemed to be registered and graded in terms of the principal Act until such date as determined by the Member in the Gazette.

7. Repeal of laws and savings

(1)The provisions of the Gazankulu Road Transportation Act, 1982 (Act No. 5 of 1982), the Lebowa Road Transportation Act, 1978 (Act No. 17 of 1978), and the Venda Road Transportation Act, 1979 (Act No. 13 of 1979), in so far as they are applicable in relation to the conveyance of goods shall cease to be in force—
(a)in the case of a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms and which is not engaged in road transportation of goods across the borders of the Republic, on the date on which an operator shall be regis­tered in respect of such motor vehicle in terms of Chapter V of the principal Act; and
(b)in the case of a goods vehicle, the gross vehicle mass of which does not exceed 3 500 kilograms and which is not engaged in road transportation of goods across the borders of the Republic, on the date of publication of this Act.
(2)Chapter V of the principal Act shall come into operation for every goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms, registered in Gazankulu, Lebowa or Venda, on the first date of the relicensing of such goods vehicle after 1 January 1996.

8. Short title and commencement

(1)This Act shall be called the Northern Province Road Traffic Application Act, 1995, and shall come into operation on a date determined by the Member by notice in the Gazette.
(2)Different dates may be so determined in respect of different provisions of this act, and dates so fixed may differ in respect of different-
(a)persons or goods or categories of persons or goods transported by means of a motor vehicle;
(b)kinds of classes of motor vehicles used in the transportation of persons or goods;
(c)persons or categories of persons; or
(d)areas in the Northern Province.
(3)More than one of the elements referred to in paragraphs (a) to (d), inclusive, of subsection (2) may be combined for the purposes of that subsection.

Schedule

(i) Pietersburg;(ii) Bochum;(iii) Mankweng;(iv) Nebo;(v) Phalala;(vi) Praktiseer;(vii) Sekhukhune;(viii) Thabamoopo;(ix) Tzaneen;(x) Giyani;(xi) Malamulele;(xii) Mhale;(xiii) Sekgosese;(xiv) Phalaborwa;(xv) Duiwelskloof;(xvi) Potgietersrus;(xvii) Naboomspruit;(xviii) Nylstroom;(xix) Warmbaths;(xx) Thabazimbi;(xxi) Ellisras;(xxii) Louis Trichardt;(xxiii) Messina;(xxiv) Thohoyandou;(xxv) Mutale(xxvi) Dzanani; and(xxvi) Vuwani.
▲ To the top

History of this document

01 March 1996
Commenced
15 December 1995 this version
12 December 1995
Assented to