SMI 410
YOLANDI CLOETE
STUDY THEME 3: TRAFFIC CRIMES
PRESCRIBED SOURCES
o Road Traffic Act 93 of 1996
o De Bruin-case
o Hickey-case
o Southern-case
o Naik-case
o Groep-case
o Rasool-case
o Maharaj-case
o De Villiers-case
o Killian-case
o Joubert-case
o Emphraim-case
o Van Rooyen- case
o Todd- case
o Mzimba- case
o Hartyani- case
o Van der Bank- case
o Definitions:
"Driver": means any person who drives or attempts to drive any vehicle
or who rides or attempts to ride any pedal cycle or who leads
any draught, pack or saddle animal or herd or flock of animals,
and "drive" or any like word has a corresponding meaning.
"Public road": means any road, street or thoroughfare or any other place
(whether a thoroughfare or not) which is commonly used by the
public or any section thereof or to which the public or any
section thereof has a right of access, and includes-
(a) the verge of any such road, street or thoroughfare;
(b) any bridge, ferry or drift traversed by any such road, street or
thoroughfare; and
(c) any other work or object fonning part of or connected with
or belonging to such road, street or thoroughfare.
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, SMI 410
YOLANDI CLOETE
"Roadway": means that portion of a road, street or thoroughfare improved,
constructed or intended for vehicular traffic which is between
the edges of the roadway.
“Verge": means that portion of a road, street or thoroughfare, including
the sidewalk, which is not the roadway or the shoulder.
"Vehicle": means a device designed or adapted mainly to travel on
wheels or crawler tracks and includes such a device which is
connected with a drawbar to a breakdown vehicle and is used
as part of the towing equipment of a breakdown vehicle to
support any axle or all the axles of a motor vehicle which is being
salvaged other than such a device which moves solely on rails.
• EXCEEDING THE SPEED LIMIT- section 59(4)
“Speed limit-
59. (1) The general speed limit in respect of-
(a) every public road or section thereof, other than a
freeway, situated within an urban area;
(b) every public road or section thereof, other than a
freeway, situated outside an urban area; and
(c) every freeway shall be as prescribed.
(2) An appropriate road traffic sign may be displayed on any public road in
accordance with section 57, indicating a speed limit other than the general
speed limit which applies in respect of that road in terms of subsection (1) :
Provided that such other speed limit shall not be higher than the speed limit
prescribed in terms of subsection (l)(c).
(3) The Minister may, after consultation with the MECs, in respect of any
particular class of vehicle prescribe a speed limit which is lower or higher than
the general speed limit prescribed in terms of subsection (l)(b) or (c): Provided
that the speed limit so prescribed shall not replace a lower speed limit
indicated in terms of subsection (2) by an appropriate road traffic sign.
(4) No person shall drive a vehicle on a public road at a speed in excess of-
(a) the general speed limit which in terms of subsection (1) applies in respect
of that road; (b) the speed limit indicated in terms of subsection (2) by an
appropriate road traffic sign in respect of that road; or
(c) the speed limit prescribed by the Minister under subsection (3) in respect of
the class of vehicle concerned.”
o State must prove beyond reasonable doubt
o Estimate will be accepted if court is satisfied that it is reliable Hickey
o Estimate treated with caution
o How-distance X travelled in certain time: km/h
o Measure by stopwatch or electronic device
o State must prove device functioned properly
o State to lead evidence on how device works
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YOLANDI CLOETE
STUDY THEME 3: TRAFFIC CRIMES
PRESCRIBED SOURCES
o Road Traffic Act 93 of 1996
o De Bruin-case
o Hickey-case
o Southern-case
o Naik-case
o Groep-case
o Rasool-case
o Maharaj-case
o De Villiers-case
o Killian-case
o Joubert-case
o Emphraim-case
o Van Rooyen- case
o Todd- case
o Mzimba- case
o Hartyani- case
o Van der Bank- case
o Definitions:
"Driver": means any person who drives or attempts to drive any vehicle
or who rides or attempts to ride any pedal cycle or who leads
any draught, pack or saddle animal or herd or flock of animals,
and "drive" or any like word has a corresponding meaning.
"Public road": means any road, street or thoroughfare or any other place
(whether a thoroughfare or not) which is commonly used by the
public or any section thereof or to which the public or any
section thereof has a right of access, and includes-
(a) the verge of any such road, street or thoroughfare;
(b) any bridge, ferry or drift traversed by any such road, street or
thoroughfare; and
(c) any other work or object fonning part of or connected with
or belonging to such road, street or thoroughfare.
1
, SMI 410
YOLANDI CLOETE
"Roadway": means that portion of a road, street or thoroughfare improved,
constructed or intended for vehicular traffic which is between
the edges of the roadway.
“Verge": means that portion of a road, street or thoroughfare, including
the sidewalk, which is not the roadway or the shoulder.
"Vehicle": means a device designed or adapted mainly to travel on
wheels or crawler tracks and includes such a device which is
connected with a drawbar to a breakdown vehicle and is used
as part of the towing equipment of a breakdown vehicle to
support any axle or all the axles of a motor vehicle which is being
salvaged other than such a device which moves solely on rails.
• EXCEEDING THE SPEED LIMIT- section 59(4)
“Speed limit-
59. (1) The general speed limit in respect of-
(a) every public road or section thereof, other than a
freeway, situated within an urban area;
(b) every public road or section thereof, other than a
freeway, situated outside an urban area; and
(c) every freeway shall be as prescribed.
(2) An appropriate road traffic sign may be displayed on any public road in
accordance with section 57, indicating a speed limit other than the general
speed limit which applies in respect of that road in terms of subsection (1) :
Provided that such other speed limit shall not be higher than the speed limit
prescribed in terms of subsection (l)(c).
(3) The Minister may, after consultation with the MECs, in respect of any
particular class of vehicle prescribe a speed limit which is lower or higher than
the general speed limit prescribed in terms of subsection (l)(b) or (c): Provided
that the speed limit so prescribed shall not replace a lower speed limit
indicated in terms of subsection (2) by an appropriate road traffic sign.
(4) No person shall drive a vehicle on a public road at a speed in excess of-
(a) the general speed limit which in terms of subsection (1) applies in respect
of that road; (b) the speed limit indicated in terms of subsection (2) by an
appropriate road traffic sign in respect of that road; or
(c) the speed limit prescribed by the Minister under subsection (3) in respect of
the class of vehicle concerned.”
o State must prove beyond reasonable doubt
o Estimate will be accepted if court is satisfied that it is reliable Hickey
o Estimate treated with caution
o How-distance X travelled in certain time: km/h
o Measure by stopwatch or electronic device
o State must prove device functioned properly
o State to lead evidence on how device works
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