saidinational.orgsaidinational.org/wp-content/uploads/2013/08/Legislation.… · Web viewTherefore, it is very important for an instructor of learners’ and driving licences, to

DRIVER TRAINER INSTRUCTOR

GRADE “L”

88

MODULE 3

LEGISLATION

DRIVER TRAINER INSTRUCTOR COURSE - LEGISLATION

Contents

Legislation (NRTA)

Introduction

1. Registration and grading of driving school instructors

2. Definitions

3. Learner’s and Driving Licences

4. Professional Driving Permit

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Legislation (National Road Traffic Act)

INTRODUCTIONA very important start to understanding the National Road Traffic Act, Act 93 of 1996 (NRTA) is the clarification of Registration and grading of Instructors, referred to here as Driving School Instructors and the definitions and terminology used in the applicable sections and regulations of the NRTA..

In the following paragraphs the various definitions relating to learner and driver testing will be discussed and explained.

In our everyday lives, certain words and terms may have different meanings, while when used in the National Road Traffic Act and its Regulations it may mean something different altogether.

Therefore, it is very important for an instructor of learners’ and driving licences, to know and understand certain words and concepts. It is also true that in different languages the meaning of words may also differ greatly and therefore it is more imperative that when you use a definition, you and others will understand what the word means in the context of road traffic law and its regulations.

Definitions are certainly one of many important aspects in regard to the normal daily duties of an instructor. Therefore, the following definitions are discussed in relation to road traffic so that there are no misconceptions about the true meaning thereof.

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Outcomes for this unit

After completion of this Unit, you should be able to:

Define terminology related to road traffic law and required regulations, particularly related to the task of the driving school instructor of learners’ and driving licences.

Demonstrate an understanding of the applicable definitions of the National Road Traffic Act,

Demonstrate competency to interpret Regulations as set out by the NRTA.

Define and explain the different Registration requirements and grades for driving school instructors.

1. REGISTRATION AND GRADING OF DRIVING SCHOOL INSTRUCTORS

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Instructor to be registered Sec 28

1 No person shall act as instructor unless he or she is registered in terms of section 28B “Registration and grading of instructors”.

2 No person shall employ any other person as an instructor, or make use of any other person’s services as instructor, unless that other person is registered as an instructor in terms of section 28B “Registration and grading of instructors”

.

Application for registration as instructor Sec 28A

Any person desiring to be registered as an instructor shall in the prescribed manner apply to the chief executive officer of the Road Traffic Management Corporation.

Registration and grading of instructors Sec 28B

1 No person shall be registered to act as instructor unless he or she-

(a) has passed the prescribed examination;(b) is of good character; and(c) is mentally and physically fit to act as instructor, and was medically

examined to ascertain such fitness.(d) a person referred to in subsection 1 shall only be registered as

instructor in respect of a class of motor vehicle which he or she is licensed to drive.

2 A person referred to in subsection 1 shall only be registered as instructor in respect of a class of motor vehicle which he or she is licensed to drive.

3 The chief executive officer shall, if satisfied that an applicant referred to in section 28A “Application for registration as instructor” complies with subsections 1 and 2, register and grade such applicant in the prescribed manner.

Application for registration as instructor Reg 114A

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1 Any person desiring to be registered as an instructor shall apply at a driving licence testing centre to the chief executive officer on form R1 as shown in Schedule 2 of the NRTA, in respect of one or more of the classes of motor vehicles for which a learner’s or driving licence can be obtained as contemplated in regulation 99 (1) “Categories of learner’s and driving licences...” of the NRTA and such application shall be accompanied by the appropriate fee as determined by the MEC of the Province concerned.

2 Upon receipt of an application in terms of subregulation 1 –

(a) the driving licence testing shall submit such application to the office in charge of the South African Police Service Station deemed by such centre to be the most convenient, for a report as to whether any conviction has been recorded against the applicant as well as in respect of any other matter which, in the opinion of such officer or centre, is relevant to the application, and that officer is authorised to report accordingly; and

(b) the driving licence testing centre shall require the applicant to be medically examined at the applicant’s cost by a medical practitioner or occupational health practitioner in order to obtain a report on from MC as shown in Schedule 2 on the physical and mental fitness of such applicant to act as an instructor.

3 A member of the South African Police Service may take the finger and palm prints of the applicant to enable him/her to report in terms of subregulation 2

4 Before an application in terms subregulation 1 is forwarded to the chief executive officer, the driving licence testing centre concerned shall attachedthe report referred to in subregulation 2 and shall at the same time draw the attention of the chief executive officer to any relevant information.

Examination and test to determine competence to act as instructor Reg 114B

1 If the chief executive officer, having regard to the documents referred to in regulation 114A(4) “Application for registration as instructor” and any relevant facts known to him or her or ascertained by him or her, is satisfied that the applicant cannot be considered fit to act as an instructor, he or she shall refuse the application.

2 Where the chief executive officer does not refuse the application, he or she shall require the applicant to be examined and tested at the driving licence testing centre concerned in order to obtain a report on the form

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determined by the chief executive officer, on the competence of the applicant to act as an instructor.

3 The examination and test mentioned in subregulation (2) shall be in accordance with the “Manual for driver trainer instructors” of the Corporation published by the chief executive officer in the Gazette

4 The chief executive officer shall consider the application with due regard to the reports referred to in regulation 114A (2) “Application for registration as instructor” and subregulation 2 and any relevant facts known to him or her ascertained by him or her, and if he or she is satisfied that the applicant complies with all the requirements, he or she shall, subject to such conditions as he or she may determine, grant the application in respect of one or all of the classes of motor vehicles to which the application relates.

Manner of registration of instructor Reg 114B

If the chief executive officer is satisfied as contemplated in section 28B of the Act “Registration and grading of instructors”, he or she shall-

(a) in the case of an instructor, grade the applicant in terms of regulation 114 F “Grades of instructors”;

(b) Record the particulars of the applicant on the register of instructors referred to in regulation 331 (4) (a) “Matters relating to registers and records”; and

(c) Issue to the applicant a certificate of registration on form CRI as shown in Schedule 2.

1 If the chief executive officer is not satisfied as contemplated in section 28B of the Act, he or she shall refuse to register the applicant and notify such applicant accordingly

2 Any person whose registration has been cancelled in terms of section 28C of the Act and who applies to be registered, may in addition to the requirements referred to in subregulation 1 and after the period and the conditions referred to in subregulation 2A (5), be required to have successfully completed a refresher course, at a training centre contemplated in section 28C, with in a period of three months prior to such application.

Grades of instructors Reg 114F

1 The chief executive officer shall grade an instructor as-

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(a) grade A, if such instructor is competent as referred to in regulation 114B to train a person for a driving licence of any code and such instructor holds a code EC driving licence for a manual transmission and a code A driving licence;

(b) grade B, if such instructor is competent as referred to in regulation 114B to train a person for a driving licence of the code B, C1, C, EB, EC and such instructor holds a code EC driving licence for a manual transmission;

(c) grade C, if such instructor is competent as referred to in regulation114B to train a person for a driving licence of the code A1,A and B, and such instructor holds a code EB driving licence for a manual transmission and a code A driving licence;

(d) grade D, if such instructor is competent as referred to in regulation 114B to train a person for a driving licence of a code B, and such instructor holds a code EB driving licence for a manual transmission; or

(e) grade L, if such instructor is competent as referred to in regulation 114B to train a person for a learner’s licence of any code.

2 An instructor who is graded in terms of subregulation 1 –

(a) as a grade A instructor, shall be authorised to train a person for a driving licence of any code;

(b) as a grade B instructor, shall be authorised to train a person for a driving licence of the code B, C1,C, EB, EC1, or EC;

(c) as a grade C instructor, shall be authorised to train a person for a driving licence of the code A1,A or B;

(d) as a code D instructor for driving licence, shall be authorised to train a person for a driving licence of the code B; or

(e) as a grade L instructor, shall be authorised to train a person for a learner’s licence of any code

2. DEFINITIONS

Agricultural vehicle

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Means a vehicle designed or adapted solely for agricultural activities and includes a tractor but does not include a goods vehicle;

Articulated motor vehicleMeans a combination of motor vehicles consisting of a truck-tractor and a semi-trailer

BusMeans a motor vehicle designed or adapted for the conveyance of more than 16 persons (including the driver, if any)

Bus-trainMeans a bus which—(a) consists of two sections connected to form a unit; (b) can swivel in a horizontal plane at the connection between such sections;

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(c) is designed or adapted solely or principally for the conveyance of the driver and at least l00 other persons; and

(d) has a continuous passageway over the length thereof;

CaravanMeans an enclosed vehicle, which is designed or adapted, solely to live in and which is drawn by another vehicle

Combination of motor vehiclesMeans two or more motor vehicles coupled together

GCM“gross combination mass”, in relation to a motor vehicle which is used to draw any other motor vehicle, means the maximum mass of any combination of motor vehicles, including the drawing vehicle, and load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

GVM“gross vehicle mass”, in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

Goods vehicle Means a motor vehicle, other than a motor cycle, motor tricycle, motor quadrucycle, motor car, mini-bus or bus, designed or adapted for the

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conveyance of goods on a public road and includes a truck-tractor, adaptor dolly, converter dolly and breakdown vehicle;

Instructor“instructor” means any person who for direct reward;(a) instructs any other person in the driving of a motor vehicle;(b) teaches any other person the rules of the road or road traffic signs in order

to obtain a learner’s or a driver’s licence;

Mini-bus Means a motor vehicle designed or adapted solely or principally for the conveyance of more than nine, but not more than 16 persons, including the driver.

Midi-busMeans a sub-category of bus, designed or modified solely or principally for the conveyance of more than 16 and less than 35 seated persons(including the driver)

Semi-trailerMeans a trailer having no front axle and so designed that at least 15 percent of its tare is super-imposed on and borne by a vehicle drawing such trailer.

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Tare“Tare”, in relation to a motor vehicle, means the mass of such vehicle ready to travel on a road and includes the mass of—(a) any spare wheel and of all other accessories and equipment supplied by

the manufacturer as standard for the particular model of motor vehicle concerned;

(b) anything which is a permanent part of the structure of such vehicle;(c) anything attached to such vehicle so as to form a structural alteration of a

permanent nature; and(d) the accumulators, if such vehicle is self-propelled by electrical power,

but does not include the mass of—(i) fuel; and(ii) anything attached to such vehicle which is not of the nature

referred to in paragraph (b) or (c);

TrailerMeans a vehicle which is not self-propelled and which is designed or adapted to be drawn by a motor vehicle,

but does not include a side-car attached to a motor cycle.

Truck-tractorMeans a motor vehicle designed or adapted-(a) for drawing other vehicles; and

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(b) not to carry any load other than that imposed by a semi-trailer or by ballast; but does not include a tractor.

1.2 LEARNER’S AND DRIVING LICENCES

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Outcomes for this section

After completion of this section you should be able to:

Distinguish between the categories of learner's and driving licences and classes of motor vehicles relating to each category

Explain and describe the different classes of motor vehicles in relation with the different codes of licences.

Demonstrate a high level of competency to apply the regulations of the NRTA in daily line of duty.

Identify the different codes of learner's and driving licences and the authority conveyed by each.

Categories of learner’s and driving licences, classes of motor vehicles relating to each category of such licences and the authority conveyed by such licences Reg 99

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The categories of learner’s licences and the classes of motor vehicles pertaining to each code of learner’s licence are:

Code 1: Motor cycle with or without side-car, motor tricycle or quadrucycle;

Code 2: Motor vehicle, other than a motor cycle, tricycle or quadrucycle, the tare of which does not exceed 3 500 kilograms, a minibus, bus or goods vehicle the gross vehicle mass of which does not exceed 3 500 kilograms, an articulated motor vehicle or combination of a motor vehicle and trailer of which the gross combination mass of the truck-tractor or drawing vehicle does not exceed 3 500 kilograms, or a tractor; and

Code 3: Any motor vehicle or combination of motor vehicles other than a motorcycle, tricycle or quadrucycle.

(a) The holder of a learner’s licence shall, except where such licence relates to a motor vehicle having no seating accommodation for a passenger or to a motor cycle, when driving the vehicle concerned, be accompanied in or on that vehicle by, and be under the direct personal supervision of a person seated next to him or her, or immediately behind him or her, where such person cannot be seated next to him or her, and who is in possession of a licence, other than a learner’s or similar licence, authorising him or her to drive that class of motor vehicle.

(b) A learner’s licence in respect of a motor cycle shall not authorise the holder of it to drive a motor cycle on a public road while carrying another person.

(c) A learner’s licence shall not authorise the driving of a motor vehicle while carrying persons for reward, other than a person accompanying the holder of a learner’s licence in terms of paragraph (a).

NBIt is important to understand the difference between the “tare”, “gross vehicle mass” (GVM) or “gross combination mass” (GCM) of a motor vehicle, to be able to understand the Regulations on driving licence codes contained in the NRTA.

Tare The empty mass of a motor vehicle, with all the permanent fixtures attached.This is the mass used to determine the licence fees of a motor vehicle. (See definition.)All motor vehicles must have a tare.

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GVM Only goods vehicles, buses, minibuses and tractors have a GVM classification. The manufacturer of the above mentioned motor vehicles must certify the GVM on a vehicle. The information is specified on a metal plate on the inside of the door or under the bonnet of a motor vehicle.It is the maximum mass a goods vehicle, bus, minibus or tractor may have with its whole load, petrol, driver, etc. See definition.

GCM All the information applicable to GVM apply. GCM must be specified when the goods vehicle, bus, minibus or tractor is capable of drawing another vehicle. See definition.

Period of validity of learner’s licencesThe period of validity of a learner’s licence shall be 24 months from the date of examination and test.

CODE CLASS OF MOTOR VEHICLE AUTHORISATION

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A1 A motor cycle without side-car which has an engine with a cylinder capacity not exceeding 125 cubic centimetres, or which is propelled by electrical power, but does not include—any vehicle propelled by electrical power derived from storage batteries and which is pedestrian controlled; or

(ii) any vehicle with a tare not exceeding 230 kilograms and specially designed and constructed, and not merely adapted, for the use of any person suffering from some physical defect or disability or a person of old age and used solely by such person.

Includes authorisation to drive—(i) (aa) a motor cycle

with a side-car; (bb) a motor tricycle;

(cc) a motor quadrucycle,which has an engine with a cylinder capacity not exceeding 125 cubic centimetres; and

(ii) a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor.

A A motor cycle without a side-car which has an engine with a cylinder capacity exceeding 125 cubic centimetres.

Includes authorisation to drive—a motor cycle with a sidecar; a motor tricycle; a motor quadrucycle; and

(iv) any other motor vehicle for which a code A1 driving licence is required.

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B A motor vehicle, excluding a motor cycle, motor tricycle, motor quadrucycle, tractor and a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, being—

a motor vehicle the tare of which does not exceed 3 500 kilograms; ora minibus, a bus or a goods vehicle, the gross vehicle mass of which does not exceed 3 500 kilograms,with or without a trailer, the gross vehicle mass of which does not exceed 750 kilograms, but does not include an articulated motor vehicle.

Includes authorisation to drive—

a tractor; and(ii) a motor vehicle which is a type of mobile agricultural

or industrial equipment or machinery not designed principally for the conveyance of persons or goods, with or without a trailer.

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C1 A motor vehicle, excluding a motor cycle, motor tricycle, motor quadrucycle, tractor and a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, being—

(i) a motor vehicle, the tare of which exceeds 3 500 kilograms but does not exceed 16 000 kilograms; or

(ii) a minibus, a bus or a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms but does not exceed 16 000 kilograms,

with or without a trailer, the gross vehicle mass of which does not exceed 750 kilograms, but does not include an articulated motor vehicle.

Includes authorisation to drive any motor vehicle for which a code B driving licence is required

480TURBO

.

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C A motor vehicle, excluding a motor cycle, motor tricycle, motor quadrucycle, tractor and a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, being a bus or a goods vehicle, the gross vehicle mass of which exceeds 16 000 kilograms, with or without a trailer the gross vehicle mass of which does not exceed 750 kilograms, but does not include an articulated motor vehicle

Includes authorisation to drive any motor vehicle for which a code B or C1 driving licence is required.

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EB A motor vehicle, excluding a motor cycle, motor tricycle, motor quadrucycle, tractor and a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, being—

(i) an articulated motor vehicle, of which the gross combination mass of the truck-tractor does not exceed 3 500 kilograms;

(ii) a combination of—(aa) a motor vehicle the tare of which

does not exceed 3 500 kg; or(bb) a minibus, bus or goods vehicle,

the gross vehicle mass of which does not exceed 3 500 kilograms,with a trailer the gross vehicle mass of which exceeds 750 kilograms.

Includes authorisation to drive any motor vehicle for which a code B driving licence is required

.

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EC1 A motor vehicle, excluding a motor cycle, motor tricycle, motor quadrucycle, tractor and a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, being—

(i) an articulated motor vehicle, of which the gross combination mass of the truck-tractor exceeds 3 500 kilograms but does not exceed 16 000 kilograms;

(ii) a combination of—(aa) a motor vehicle the tare of which

exceeds 3 500 kg but does not exceed 16 000 kg; or

(bb) a minibus, bus or goods vehicle, the gross vehicle mass of which exceeds 3500 kilograms but does not exceed 16 000 kilograms,with a trailer the gross vehicle mass of which exceeds 750 kilograms.

Includes authorisation to drive any motor vehicle for which a code B, C1 or EB driving licence is required.

EC A motor vehicle, excluding a motor cycle, motor tricycle, motor quadrucycle, tractor and a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, being—

(i) an articulated motor vehicle of which the gross combination mass of the truck-tractor exceeds 16 000 kilograms;

(ii) a combination of a bus or goods vehicle, the gross vehicle mass of which exceeds 16 000 kilograms, with a trailer the gross vehicle mass of which exceeds 750 kilograms.

Includes authorisation to drive any motor vehicle for which a code B, C1, C, EB or EC1 driving licence is required.

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1.3 PROFESSIONAL DRIVING PERMITS

Outcomes for this section

After completion of this section of the unit you should be able to:

Describe the conditions under which a Professional Driving Permit is authorised

Professional driver to have permit

No person shall drive a motor vehicle of a prescribed class on a public road except in accordance with the conditions of a professional driving permit issued to him or her in accordance with the NRTA and unless he or she keeps such permit with him or her in the vehicle: Provided that this subsection shall not apply to the holder of a learner’s licence who drives such vehicle while he or she is accompanied by a person registered as a professional driver in respect of that class of vehicle.

Certain drivers of certain vehicles to hold professional driving permit Regu-lation 115

1. A professional driving permit shall be held by the driver of—

(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;

(b) a breakdown vehicle;(c) a bus;(d) a minibus—

(i) the gross vehicle mass of which exceeds 3 500 kilograms; or(ii) which is designed or adapted for the conveyance of 12 or

more persons, including the driver;(e) a motor vehicle used for the conveyance of persons for reward or is

operated in terms of an operating licence issued in accordance with the provisions of the National Land Transitional Transport Act.

(f) a goods vehicle carrying dangerous goods the gross vehicle mass of which exceeds 3 500 kilograms or a vehicle to which standard specification SABS 1398 “Road tank vehicles for petroleum-based flammable liquids” or standard specification SABS 1518: “Transportation of dangerous goods - design requirements for road tankers” apply; and

(g) a motor vehicle conveying 12 or more persons including the driver.

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2. The provisions of subregulation (1) does not apply—

(a) to a traffic officer or examiner of vehicles in the performance of his or her duties as contemplated in sections 3I and 3G of the Act, respectively;

(b) to a person driving a hearse;(c) to a person driving a motor vehicle referred to in regulation 21(1) or

21(5);(d) subject to regulation 99(2) of the NRTA, to a person driving a motor

vehicle for which he or she holds a valid learner’s licence with the code prescribed for that vehicle in terms of regulation 99(1) of the NRTA, while being accompanied by a person holding a valid professional driving permit which authorises him or her to drive that vehicle;

(e) to a person driving a tractor.

Categories of, and authority conveyed by, professional driving permit as indicated in the Regulations of the NRTA

1. Professional driving permits are divided in the following categories:

(a) Category “G”, which authorises the driving of a motor vehicle as referred to in regulation 115(1)(a) and (b);

(b) Category “P”, which authorises the driving of a motor vehicle referred to in regulation 115(1)(a), (b), (c), (d), (e) and (g); and

(c) Category “D”, which authorises the driving of a motor vehicle referred to in regulation 115(1).

2. For the purpose of subregulation (1), the term “driving” shall include the driving of a motor vehicle drawing another motor vehicle the last named of which is a motor vehicle as contemplated in regulation 115(1).

3. The authority provided by a professional driving permit only applies in respect of a vehicle for which the holder holds a valid driving licence.

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Documents

saidinational.orgsaidinational.org/wp-content/uploads/2013/08/Legislation.… · Web viewTherefore, it is very important for an instructor of learners’ and driving licences, to