Most South Africans are not fully aware of certain road rules and this often leads to most people committing offences. You may not realise it but most South African’s don’t know the basic road rules and have several misconceptions about them.

Here are some misconceptions motorists usually make when driving on the roads.

Gated estate roads are private roads

This is FALSE! Many gated estates in South Africa wrongly view the roads within the estate as “private” roads, the AA said. This is illegal as the roads are still managed by the provisions of the National Road Traffic Act 93 of 1996 (NRTA). In most cases, the estate’s road markings are not followed by the provisions of the NRTA and are illegal.

Homeowners associations may make arrangements with residents, landowners, visitors, and other road users within the estate, these agreements cannot replace the NRTA or the powers and duties of the law enforcement authorities.

It’s fine to use your cell phone as long as you are not talking on it

This is not true and can be a major safety hazard.

  • According to the NRTA, the following rules apply is illegal to have a cell phone in your hand while driving, whether you are using it or not.
  • It is illegal to use your phone at a traffic light when the car is at a standstill.
  • It is illegal to make use of your cell phone even when the car is at a standstill, but the engine is running.
  • It is illegal to browse the internet, search on google maps or take pictures on your cell phone while driving.
  • If you are caught using your cell phone while driving it will be confiscated for 24 hours in terms of the Western Cape bylaws. 

It’s good manners to warn motorists of an upcoming roadblock

You are committing a criminal offence when you alert fellow motorists about roadblocks by flashing your lights or posting warning signs or posts on social media. You are potentially warning a wanted criminal who may be stopped at such a roadblock by encouraging them to avoid these roadblocks.

Smoking in a car while transporting children

This is never OK, even if these are your own children. Section 2(1)(a)(iii) of the Tobacco Products Control Act, 1993 states that “No person may smoke any tobacco product in any motor vehicle when a child under the age of 12 years is present in that vehicle”. According to the act, the penalty for smoking in a vehicle with a minor present could be as much as R500.

Transporting children in the back of a bakkie …

You are not allowed to transport minors at the back of the bakkie under any circumstance. This problem often arises in the informal settlements where the school children use “bakkie-taxis” as a form of after school transport. As of May, 11 2017 the National Road Traffic Regulation 250 specifically states that schoolchildren may not be transported for reward in the goods compartment of a vehicle.

Using fog lamps in clear conditions

Some motorists like to show off their fog lamps and others put them on bright accidentally – this, however, causes a major distraction and irritation for road users. Only when a motorist is in conditions of poor visibility caused by either snow, fog, mist, dust or smoke are they allowed to operate their fog lamp on a public road the law states.

Ignorance is generally the cause of road users not being aware of these road rules. The fact is though that when it comes to the law, no one can plead ignorantly and the full extent of the law will be executed if road users are caught violating any of these, and the many other road rules that have been published in our road traffic acts.

Open chat
1
Hello:-)
How can we help you?