Random facts you might not know about traffic laws
Sometimes traffic laws can be a little confusing, and then it’s left up to us, the citizens, to clear up the confusion. What might be most confusing are laws regarding traffic, the road and your car. Why am I saying this? After speaking to various law officials, and doing some intensive research on the web, the only thing that became evident is that it’s not always clear what goes with what. People are often confused about what the implications are if they don’t pay a fine, what makes your car unroadworthy, how speed limits are implemented, what to do when your car breaks down, how many passengers are legally allowed in your car etc. There are literally millions of these questions that can be cleared up. We took a few random questions that you might have never wondered about, or never cared to ask, and with the help of the nice guys at AA, we answered them for you!
Q: How many stickers (or something alike) are actually allowed on the back windscreen of your car?
A: You are only allowed to cover one-eighth of your rear window, front windscreen or side windows with any material or film, with a textured surface, displaying a picture or graphics (sorry for the people with an extended stick-figure family).
Q: Do you need to replace your seat belt after a car crash?
A: Regulation 213 of the National Road Traffic Act deals with seat belts, in particular paragraph C which states “no person shall operate a motor vehicle on a public road unless the seat belts fitted to such motor vehicle are in good working order”. Therefore, it can be seen that the Act does not require your seat belt to be changed after a crash. However, it does require that your seat belts be in good working order. The AA recommends that after a crash you should have your seat belts checked in order to determine whether they are functioning correctly. Although it is not mandatory to replace your seat belt after a crash, it is common sense to do so in any case, to ensure your safety on the road.
Q: Is it legal to park facing oncoming traffic?
A: The National Road Traffic Act specifies in Regulation 304 ( e ) that a motorist must not stop on the right hand side of such roadway facing oncoming traffic. The Act goes on further to state in Regulation 305 (b) that a motorist must not park in any place referred to in regulation 304.
Q: What are the legal requirements for driving with a child in the car?
A: The National Road Traffic Act does not have a specific regulation in respect of children sitting in the front seat. A baby should be in an approved and preferably rear-facing child seat. Older children (15-25kgs) should be secured in a booster seat with a seatbelt on, preferably in the rear of the vehicle.
Q: What does the law actually say about using your phone and driving?
A: The Cape Town provincial government has enacted a bylaw that has been implemented only in the City of Cape Town. The bylaw is called the Traffic Bylaw 2011 and it has been implemented on the basis of aiming to reduce the number of road fatalities as a result of cellphone usage. This bylaw and regulation prohibit the use of cellphones whilst driving. This includes “texting and driving”. The bylaw however goes on further to give the authorised officer the power to confiscate and impound a driver’s cell phone when they are caught contravening this regulation/bylaw.
Q: When can a hooter be used?
A: Regulation 310A of the National Road Traffic Act regulates the use of a motor vehicle’s hooter. The Act states that you may not use your hooter on a public road except where you are directed to do so or on grounds of safety. So, all those people hooting unnecessarily are actually doing so illegally!
Q: If my car is damaged due to roadwork or potholes, can I claim from the government?
A: Yes, however in order to establish who you can claim from, you need to establish if you were driving on a National or Municipal Road.
National roads are commonly identified as N1, N2 etc. These roads are the responsibility of the South African National Roads Agency (SANRAL) whereas municipal roads would fall under the authority of the various municipal districts or the Department of Public Works were those roads are located.
Claims for damages from potholes / road works on National Roads are therefore directed to SANRAL and from there to the specific contractor on that stretch of road. The SA National Roads Agency Limited (Sanral) confirms that claims are processed like any other car insurance claim if it could be proved that the damage occurred as a result of road works / pothole damage.
On the Municipal roads the road users would have to approach that specific municipal authority or Department of Public Works and enquire from them which documentation to complete, and to whom to submit such a claim.