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LEGAL UPDATE

TRANSPORTATION

DECEMBER 2013

INDEX

TRANSPORTATION INDEX 2

DRAFT NATIONAL ROAD TRAFFIC REGULATIONS.................................................................................................................3

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT, 1998 (ACT NO. 46 OF 1998) AMENDMENT

TO REGULATIONS.......................................................................................................................................................................8

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998:..................................17

E-ROAD REGULATIONS............................................................................................................................................................17

E-TOLLS : TARRIFFS FOR THE DIFFERENT CATEGORIES OF ROAD USERS AND CLASSES OF MOTOR

VEHICLES: GAUTENG FREEWAY IMPROVEMENT PROJECT, TOLL ROADS.....................................................................27

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998 REGULATIONS ON

EXEMPTIONS FROM THE PAYMENT OF TOLLS....................................................................................................................42

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 199847

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS, 2013...............................................54

DRAFT NATIONAL ROAD TRAFFIC REGULATIONS

KEY WORDS

DEPARTMENT OF TRANSPORT

No. R. 917 27 November 2013

NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO. 93 OF 1996)

PUBLICATION OF THE NATIONAL ROAD TRAFFIC REGULATIONS FOR COMMENTS

IN A NUTSHELL

TAKE NOTE THAT the National Road Traffic Regulations, 2000, are to be amended, and these have been published for comment.

Below is a brief description of the proposed changes:

Regulation 1

Regulation 1 is hereby amended by the insertion after the definition of "date of liability for first licensing" of the following definition:

"date of first registration" means the date on which a motor vehicle is registered in the Republic in terms of regulation 7(1). In a case of a motor vehicle that was previously registered in the Republic in terms of any legislation, the date on which the said motor vehicle was first registered or any other country. ".

Amendment seems to be in order….harmonisation of words..

Regulation 161A

Regulation 161A is hereby amended by the substitution for paragraph (a) of subregulation (3) of the following paragraph:

161a (3) (a) that the rear lamps are on or not on at the same time as the daytime running lamps.".

Amendment seems to be in order….technical amendment ..

Regulation 213

Regulation 213 of the Regulations is hereby amended by-

(a) the deletion of the word "or" after paragraph (a);

(b) the substitution of the "." after paragraph (b) with a ";"; and

(c) the addition of paragraph (c) after paragraph (b) of subregulation (1):

"(c) an infant is a person below the age of three years.

(d) the insertion of the following subregulation after subregulation (6):

"(6A) The driver of a motor vehicle operated on a public road shall ensure that an infant traveling in such a motor vehicle is seated on an appropriate child restraint: Provided that this provision shall not apply in a case of a minibus, midibus or bus operating for reward.".

Amendment seems to be in order -defines and infant and makes the carrying of an infant in a child restraining seat compulsory.

Regulation 215

Regulation 215 is hereby amended by the substitution for subregulation (1A) of the following subregulation:

"(1A) No person shall operate a minibus, midibus, bus or goods vehicle the gross vehicle mass of which exceeds 3 500 kilograms first registered after 1 July 2014, unless such minibus, midibus, bus or goods vehicle is fitted with a speed governor, restricting the speed of such motor vehicle to the speed limits as contemplated in regulation 293.".

Amendment seems to be in order -makes it compulsory for a minibus, midibus, bus or goods vehicle to be fitted with a speed governor, restricting the speed of such motor vehicle to the prescribedspeed limits.

Regulation 272A to 272E

The following regulations 272A to 272E are inserted after regulation 272:

"272A. Driving time limits which apply to drivers of certain class of motor vehicles

The driving time limits contemplated in regulation 272B, will only apply to the drivers of motor vehicles contemplated in regulation 115(1) (a), (c) and (f), BEING

the driver of—

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

(c) a bus;

(f) a motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms

Provided that the provisions of regulation 272A shall not apply in respect of regulation 115(2), being

(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

272B. Driving time limits

The driving time limits, in respect of drivers of a motor vehicle mentioned in regulation 115(1) (a), (c) and (f) and who is not accompanied by another drivers holding a driving licence for the category of the said motor vehicle, shall be-

(a) a maximum of five hours continuous driving time;

(b) a total maximum of 15 hours driving time in a period of 24 hours;

(c) a resting period of;

(i) a minimum of 15 minutes;

(ii) a minimum total of 30 minutes accumulated during the period of five hours and 30 minutes;

(iii) a minimum continuous period of nine hours in a period of 24 hours; and

(iv) 10 minutes rest period in terms of paragraph (a).

(2) The driving time limits, in respect of a driver of motor vehicles mentioned in regulation 115(1) (a), (c) and (f) and who is accompanied by another driver holding a driving licence for the category of the said motor vehicle, shall be those contemplated in subregulation (1) excluding the provisions of paragraph (c), and-

(a) such driver shall not alternatively drive the said motor vehicle and rest from driving for a continuous period exceeding 30 hours; and

(b) where the period contemplated in paragraph (a)-

(i) exceed 15 hours but does not exceed 20 hours, such period shall be followed by a period of unbroken rest of 10 hours; and

(ii) exceed 20 hours, such period shall be followed by an unbroken rest period of 12 hours:

Provided that a vehicle being operated by a driver in terms of this subregulation shall, where the period as contemplated in paragraph (a) exceed 15 hours, be provided with adequate sleeping accommodation that will provide an adult with sufficient sleeping space.

272C. Recording driving time

A driver of a motor vehicle contemplated in regulation 272A (1) shall record his or her driving time in a logbook form as shown in schedule 2 and it shall contain the following information-

(a) the driver's or co-drivers name and identity number;

(b) the name of the operator or the owner of the motor vehicle and the address and contact details of such operator or owner;

(c) the dates;

(d) driving time and resting periods for 24 hour period;

(e) additional drivers in the motor vehicle;

(f) odometer reading at the beginning and the end of a shift;

(g) signature of the driver;

http://www.mylexisnexis.co.za/nxt/gateway.dll/ec/lw1n/mw1n/ow1n/uw1n/934n#g5l

http://www.mylexisnexis.co.za/nxt/gateway.dll/ec/lw1n/mw1n/ow1n/uw1n/b44n#g5r

http://www.mylexisnexis.co.za/nxt/gateway.dll/ec/lw1n/mw1n/ow1n/uw1n/b44n#g5r

(h) origin of a trip;

(i) destination of a trip; and

(j) estimated driving time.

272D. Duties of an operator or owner in relation to the maintenance and preservation of records produced by a recording device

(1) The operator or owner of a motor vehicle shall furnish to the driver of such motor vehicle a logbook as contemplated in regulation 272C.

(2) The operator shall ensure that the driver of the motor vehicle shall comply with the requirements of regulation 272A and 272B.

(3) A copy of a logbook shall be retained by the operator or owner concerned for a period of three years and shall be made available to an authorised officer upon request.

272E. Power and duties of traffic officer in relation to driving time limits

In addition to any powers and duties conferred upon an authorised officer in terms of this Act, an authorised officer may-

(a) demand from any person referred to in regulation 115(1) (a),(c) and (f) to produce a duly completed logbook in terms of regulation 272C;

(b) inspect such logbook for compliance with provisions of regulation 272B and 272C;

(c) in the case where a driver has transgresses the provisions of regulation 272B, temporarily forbid such a driver to continue to drive or be in charge of a motor; vehicle until such person has complied with such driving time limits and rest times; and

(d) forward information of transgressions of the drivers to the relevant bargaining council to act against the employer of such driver.".

Amendment seems to be in order -makes it compulsory for operators who drive/operate a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms; (c) a bus; or a (f) a motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms and who hold a PDP to Adhere to certain driving time limits, and to keep a record in a register of such driving activities and time limits.

REFERENCE





APPLIES TO IMPACT & ACTION

RE

Applies to:

All road users, in particular those who convey infants under 3 years old, who now will have to ensure that they are in a car seat; and to drivers of trucks and heavy duty vehicles who hold a PDP , who have to adhere to certain driving times, and who have to keep records of these driving times.

Impact and Action:

All road users who convey infants under 3 years old, now will have to ensure that they are in a car seat;

Drivers of trucks and heavy duty vehicles who hold a PDP, will now have to have to adhere to certain driving times, and who will have to keep records of these driving times.

In addition where any of the above persons fail to comply with these duties, an authorised officer may-

demand such person to produce a duly completed logbook and inspect such logbook for compliance and

in the case where a driver has transgresses the provisions temporarily forbid such a driver to continue to drive or be in charge of a motor; vehicle until such person has complied with such driving time limits and rest times; and forward information of transgressions of the drivers to the relevant bargaining council to act against the employer of such driver.".

All interested parties who have any objections, inputs or comments to the proposed amendments are called upon to lodge their objections, inputs or comments, within four weeks from the date of publication of this Notice to:

Mr JOHN MOTSATSING Mr PHILLIP MAGAGANEDEPARTMENT OF TRANSPORT DEPARTMENT OF TRANSPORTPRIVATE BAG X 193 PRIVATE BAG X 193PRETORIA PRETORIA0001 0001Tel: (012) 309 3574 Tel: (012) 309 3684Fax (012) 309 3962 Fax (012) 309 3962E-mail: [email protected] [email protected]

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT, 1998 (ACT NO. 46 OF 1998) AMENDMENT TO REGULATIONS





KEY WORDS

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT, 1998 (Act No. 46 of 1998) AS AMENDED

AMENDMENT OF ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS, 2008

IN A NUTSHELL

The Minister of Transport intends to amend the Administrative Adjudication of Road Traffic Offences Regulations as published in Government Notice No. 31242 of 16 July 2008. Acting in terms of section 34 of the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) the regulations have been published for public comments

BELOW IS A BREAKDOWN OF THE REGULATIONS………..

Amendment of regulation 1

Definition of electronic service inserted- see red areas

Definitions

"bank guaranteed cheque" means a cheque that has been guaranteed to contain the funds reflected thereon ;

"Corporation" means the Road Traffic Management Corporation established in terms of section 3 of the Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999

"electronic service" means a communication by means of data messages and include data attached to, incorporated in, or logically associated with other data that may be electronically retrieved, or e-mail messages between the Authority and addressee in an electronic communication format, or text messaging it by the Authority to the recipient's cellular telephone."

"National Road Traffic Act" means the National Road Traffic Act 1996 (Act No 93 of 1996) as amended from time to time;

"Road Traffic Regulations" means the Road Traffic Regulations, 2000 made under section 75 of the National Road Traffic Act, 1996 as amended from time to time; and

"the Act" means the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998).

The following regulation 8 will be deleted.

Deletion of regulation 8 of the Regulations- see area in red

8. Warrant

(1) Subject to section 21(1) of the Act, the Registrar shall issue a warrant of execution, after a period of 14 days has elapsed, which period shall be calculated from the first day after the expiry of a period referred to in section 20(3)(a) of the Act has elapsed, on a form similar to form AARTO 24 as shown in Schedule 1.

(2) The warrant issued in terms of subregulation (1) above shall -

(a) be valid until it is executed by the sheriff as contemplated in section 21(4) of the Act, or is cancelled by the registrar;

(b) be executed after 07h00 and before 21h00, unless otherwise authorized by the registrar; and

(c) only be executed against movable property of the infringer in accordance with the terms of the warrant.

(3) Subject to regulation (2), the sheriff must execute a warrant contemplated in section 21(1) of the Act-

(a) in accordance with the Rules of Court made under the Magistrates Courts Act, 1944 (Act No. 32 of 1944), in so far as they apply to the execution against movable property, and

(b) (i) by seizing the driving licence or professional driving permit of the infringer, that is mentioned in the warrant, if available,, and submitting it to the agency together with the return of service;

(ii) by removing and defacing the licence disc of the motor vehicle that is mentioned in the warrant, if available, and of which the infringer is the owner; and submitting the disc to the agency together with the return of service;

(iii) by seizing or defacing the operator card of the motor vehicle that is mentioned in the warrant, if available, and of which the infringer is the registered operator; and submitting the disc to the agency together with the return of service; and

(iv) by immobilizing the motor vehicle that is mentioned in the warrant and of which the infringer is the owner or registered operator, in the manner set out in the warrant.

(4) (a) If payment is made by way of cash satisfying the warrant partially or fully with costs, the sheriff shall endorse the warrant accordingly as contemplated in rule41 (1 )c of the Magistrate's Court Act 32 of 1944.

(b) If payment is made by way of a cheque to satisfy the warrant partially or fully with costs, the sheriff shall only accept a bank guaranteed cheque, and endorse the warrant accordingly and if the warrant cannot be satisfied, the sheriff shall make an inventory as contemplated in rule 41(1), of the Magistrate's Court Act 32 of 1944 and proceed with the attachment in terms of the said rules.

(5) If an infringer pays the infringement and all costs relating to the execution of a warrant after such warrant has been executed, the agency must return the documents seized in terms of subregulation (3) and remove any equipment that immobilized the motor vehicle, as contemplated in subregulation (3).

(6) If the execution of the warrant produces no movable property to seize and sell, the procedures set out in section 22(1) of the Act must be followed.


Regulation 10 of the regulations is hereby amended by the substitution for sub-regulation (2) of the following sub-regulation—

10. Penalties

(1) The penalty contemplated in section 29(b) of the Act, which is payable in respect of an infringement mentioned in columns 3 and 4 of Schedule 3 is calculated in accordance with the penalty units set out against it in column 6 of Schedule 3, where each unit has a monetary value as described in paragraph (a) of Schedule 2.

(2) The penalty amount payable in respect of an infringement mentioned in columns 3 and 4 of Schedule 3, calculated in accordance with subsection (1), is set out against it in column 8 of that Schedule.

Deleted and to be replaced with

"(2) The penalty amount payable in respect of an infringement mentioned in columns 3 and 4 of Schedule 3, calculated in accordance with subsection (1), is set out against it in column 8 of that Schedule, and which is inclusive of the penalty amount payable in terms of the infringement, plus the prescribed penalty amount payable to the Authority in accordance with section 13(1)(dA) of the Act as set out in paragraph (d) of Schedule 2 and which will not be subject to the discount contemplated in term of regulation 11."

(3) Except for an operator, no demerit points shall be allocated to an infringer who is a juristic person, but the penalty will be calculated on the basis of three times the units indicated in column 6 of Schedule 3 against the infringement concerned mentioned in columns 3 and 4 of that Schedule.

(4) No demerit points shall be allocated to an infringer who is the holder of a cross-border road transport permit, as contemplated in section 1 of the Cross-border Road Transport Act, 1998 (Act No. 4 of 1998), but the penalty will be calculated on the basis of three times the units indicated in column 6 of Schedule 3 against the infringement concerned mentioned in columns 3 and 4 of that Schedule.


Regulation 16 of the Regulations is hereby amended by the substitution and insertion of the paragraphs highlighted on red.

16. Dishonoured payments

(1) If a payment of a penalty contemplated in regulation 13(1) and 15(1) is dishonoured, the issuing authority or the registering authority or driving licence testing centre concerned must notify the agency in the manner contemplated in regulation 23(1), and the matter must be dealt with in accordance with subregulation (2).

(2) The agency must, after receipt of the notification contemplated in subregulation 1, or after becoming aware of a dishonoured payment contemplated in regulation 14(3), notify the infringer on a form similar to form AARTO 18 as shown in Schedule 1, -

(a) of the amount payable, including any charges arising from the dishonoured payment; and

(b) that a warrant will be issued by the agency if payment is not received at the date set on a form similar to form AARTO 18, deleted and replaced with –

"(b) that an enforcement order on a form similar to form AARTO 13 as shown in Schedule 1, will be served on him or her by the Authority if payment is not received at the date set on a form similar to form AARTO 18 as shown in Schedule 1;"

and such notification is regarded as equivalent to an enforcement order, issued under section 20 of the Act.

Amendment of Regulation 21

Regulation 21 of the Regulations is hereby amended by the substitution and insertion of the paragraphs highlighted on red.

21. Service by registered mail

If a document is to be served by registered mail, the document must be addressed to the infringer's -

(a) last known address as indicated in the register of driving licences, or the register of motor vehicles;

(b) address as indicated by him or her on the notice of change of address; or deleted and to be replaced with

"(b) address as indicated by him or her on the notice of change of address on a form similar to form Notification of Change of Particulars (NCP) in accordance with the national road traffic regulations ;"

(c) address as indicated on a form similar to form AARTO 01 or AARTO 02, as may be applicable, as shown in Schedule 1, which he or she has confirmed as correct.

Additional sections

" (d) addresses as indicated upon registering on the AARTO website and providing a postal and/or, residential and/or business addresses, which he or she has confirmed as correct; or

(e) address or addresses as may be obtained by the Authority from any other source."

The insertion of regulation 21A after regulation 21:

21 A "Service by electronic communication

21A If a document is to be served by means of electronic communication, the document must —

(a) be addressed to the infringer's e-mail address as indicated by him or her —

(i) on a form similar to form AARTO 01 or AARTO 02, as may be applicable, as shown in Schedule 1, which he or she has confirmed as correct.; or

(ii) on the notice of change of address on a form similar to form NCR as listed in Schedule 1; or

(iii) as indicated in the register of driving licences or the register of motor vehicles; or

(iv) in registering on the AARTO website and providing an e-mail address, which he or she has confirmed as correct.;

(b) be made available to the infringer for electronic retrieval from an internet domain upon notification of such document by the Authority or the Issuing Authority, in the manner contemplated in regulation 23(3)."


Regulation 23 of the regulations is hereby amended by — the substitution and insertion of the paragraphs highlighted in red.

23. Manner of application, notification or submission

(1) Any application, notification or submission to the agency must be made by -

(a) posting it by registered mail to the postal address of the agency; or

(b) electronic data exchange from issuing authorities or the National Contraventions Register,

but affidavits contemplated in regulations 4(1), 7(5) and 22(1) may only be submitted in the manner set out in paragraph (a).

(2) Any application, notification or submission to the issuing authority must be made by -

(a) delivering it directly to the office of the issuing authority;

(b) posting it by registered mail to the postal address of the issuing authority;

(c) faxing it to the fax number of the issuing authority;

(d) forwarding it to the issuing authority's e-mail address; or

(e) electronic data exchange from the agency or the National Contravention Register,

except for an affidavit contained in the form similar to form AARTO 7 and 8, the form on which the infringer elects to appear in court and the form on which the driver or person in control is nominated, which may only be submitted in the manner set out in paragraph (a) or (b).

(3) Any notification to the infringer must be made by -

(a) posting it by registered mail to the postal address of the infringer;

(b) faxing it to the fax number of the infringer; or

(c) forwarding it to the infringer's e-mail address. Deleted and to be replaced with

"(c) electronic service, including but not limited to forwarding it to the infringer's e- mail address and/or text messaging it to the infringer's cellular telephone."

(4) Any acknowledgement to the infringer must be made by -

(a) posting it to the postal address of the infringer;

(b) faxing it to the fax number of the infringer,;

(c) forwarding it to the infringer's e-mail address; or Deleted and to be replaced with

"(c) electronic service, including but not limited to forwarding it to the infringer's e- mail address."

(d) text messaging it to the infringer's cell phone.

Substitution for certain words and expressions in the regulations

Any reference to the word "registered mail" in the Regulations whenever it occurs means "registered mail or electronic service".Any reference to the word "Agency" or "agency" whenever it occurs means "Authority";

Any reference to the phrase "major infringement" or "minor infringement" whenever it occurs is substituted with the word "infringement"; andAny reference to the phrase "national contraventions register" whenever it occurs is substituted by the phrase "National Offences Register".

Amendment of Schedule 1 : General Forms

Schedule 1 is hereby amended by deleting form AARTO 24, warrant of execution, from the schedule.

Amendment of Schedule 2 Monetary value of Penalty Unit, Discount and Fees in terms of Regulation 10(1), 11(1) and 12(1) respectively

Schedule 2 of the regulations is hereby amended by —

(a) the substitution for paragraph (a) of the following paragraph—

(a) Monetary value of penalty unitThe monetary value of a penalty unit contemplated in section 29(b) of the Act and shown in column 6 of Schedule 3 of the Regulations. R 50-00

(b) the insertion after paragraph (a) of the following paragraph:

(aA) Calculation of penalty amountSee Schedule 3 column 8

The penalty amount shown in Rand value in column 8 of Schedule 3 of the Regulations is calculated by multiplying the penalty unit shown in column 6 of that Schedule by the monetary value of a penalty unit given in paragraph (a) above, plus the penalty payable to the Authority shown in paragraph (d) below.

(c) The substitution for subparagraphs(ii) and (iii) of paragraph (c) of the following subparagraphs:

(c)

(ii) Courtesy letter(Form AARTO 12 as shown in

Served by registered mail R 60-00Served in person R 100-00

Schedule 1) Electronic service R 40-00

(iii)Enforcement order(Form AARTO 13 as shown inSchedule 1)

Served by registered mail R 60-00Served in person R 100-00Electronic service R 40-00

(d) the deletion of subparagraph (v) of paragraph (c)

(e) the addition of paragraph (d) after paragraph (c) —

(d)

Other penalties and fees payableThe penalty payable to the Authority in terms of section 13(1)(dA) of the Act referred to under paragraph (aA) above and which will be applicable to each infringement served, with the exception of infringements committed in terms of traffic bylaws.

R 100-00

NEW SCHEDULE WILL LOOK LIKE THIS:

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS, 2007

SCHEDULE 2

Monetary value of Penalty Unit, Discount and Fees in terms of Regulation 5(2)

(a) Monetary value of penalty unitThe monetary value of a penalty unit contemplated in section 29(b) of the Act and shown in column 6 of Schedule 3 of the Regulations. R 50-00

(aA) Calculation of penalty amountSee Schedule 3 column 8

The penalty amount shown in Rand value in column 8 of Schedule 3 of the Regulations is calculated by multiplying the penalty unit shown in column 6 of that Schedule by the monetary value of a penalty unit given in paragraph (a) above, plus the penalty payable to the Authority shown in paragraph (d) below.

(a)

Monetary value of penalty unit

The monetary value contemplated in section 29(b) of the Act to be multiplied with the penalty unit as indicated in column 5 of schedule 3, the result of which is given in column 7 of the said schedule: R 50-00

(b)

DiscountThe discount contemplated in section 17(1)(d) of the Act to be applied to the penalty amount given in column 7 of schedule 3, the result of which is given in column 8 of the said schedule, subject to regulation 11(b):

50%

(c)

FeesThe fees which may be charged for any document, order or action in terms of section 34(d) of the Act, are the following: Amount

(i)

Representations fee in the case of unsuccessful representations received within validity period of the infringement notice

(Forms AARTO 09 and AARTO 13 as shown in Schedule 1)

Free

Representations fee in the case of unsuccessful representations received after the validity period of the infringement notice

(Forms AARTO 09 and AARTO 13 as shown in Schedule 1)

R 200-00(ii)

(ii)Courtesy letter.

(Form AARTO 12 as shown in Schedule 1)

served by registered mail R 60-00

served in person R 100-00

(iii)Enforcement order


served by registered mail R 60-00

served in person R 100-00

(iv)

Notification of result of application of revocation of enforcement order in the event that the application was unsuccessful.


R 60-00

(vi)Ascertaining demerit points position in terms of section 33 of the Act.

(Form AARTO 28 or AARTO 29 as shown in Schedule 1)R 60-00

(vii)Notice of partial payment.

(Form AARTO 17 as shown in Schedule 1)R 60-00

(viii)Charge arising from dishonoured payment or failure to pay an instalment.

(Forms AARTO 16 or AARTO 18 as shown in Schedule 1)R 100-00

(ix)Refund of credit balance.


Actual bank charges

(x) Collection fee of registering authority or driving licence testing centre.3% of transaction fee

(c)

(ii) Courtesy letter(Form AARTO 12 as shown in

Served by registered mail R 60-00

Served in person R 100-00

Schedule 1) Electronic service R 40-00

(iii)Enforcement order(Form AARTO 13 as shown inSchedule 1)

Served by registered mail R 60-00

Served in person R 100-00

Electronic service R 40-00

(d)

Other penalties and fees payableThe penalty payable to the Authority in terms of section 13(1)(dA) of the Act referred to under paragraph (aA) above and which will be applicable to each infringement served, with the exception of infringements committed in terms of traffic bylaws.

R 100-00

Short title and commencement

These Regulations are published for comments.

REFERENCE




AMENDMENT OF ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS, 2008


RE

Applies to:

All road users.

Impact:

Amendments allow service of documents by email. Rights to issue a warrant of arrest for non-compliance has been deleted. SCHEDULE 2 Monetary value of Penalty Unit, Discount and Fees in terms of Regulation 5(2)- amended.

Action:

All interested parties who have any objections, inputs or comments, to the proposed amendments are called upon to lodge their objections, inputs or comments within thirty (30) days from the date of publication of this Notice to:

AYANDA MASINA SELLO MOKUBYANEROAD TRAFFIC INFRINGEMENT AGENCY DEPARTMENT OF TRANSPORTP O BOX 6341 PRIVATE BAG X 193HALFWAY HOUSE PRETORIA1685 0001Tel:(011) 256 1003 Tel:(012) 309 3540Fax: (086) 263 6504 Fax (012) 309 3962E-mail: [email protected] [email protected]

LINKS

AARTO REGULATIONS

http://www.compliancetools.co.za/MyActs/details.aspx?ID=13794

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998: E-ROAD REGULATIONS

KEY WORDS

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998E-ROAD REGULATIONS

IN A NUTSHELL

Take note of the E-Road regulations, which apply to the E-Toll roads in South Africa.

A brief low down…

DEFINITIONS

"alternate user" means a user who is not a registered e-tag user, a registered VLN user, a day-pass user for the e-road used or a non-registered e-tag user;

"call centre" means the e-toll call centre established by the Agency and reached at 0800 SANRAL (726725);

"class of motor vehicle" means a category of motor vehicle as contemplated in section 27 of the Act;

"day-pass user" means a user of an e-road using a day-pass for the e-road used, which day-pass has been issued and contemplated in regulation 4;

"e-road" means a toll road where liability to pay toll for use of the road is recorded at a toll plaza exclusively by means of any electrical or electronic device;

"e-tag" means an electronic device affixed to a specific motor vehicle in accordance with the Specification Regulations to identify that motor vehicle when it passes under a gantry;

"e-tag credit" means an amount of money, which is reflected in the records of the Agency against an e-tag of a non-registered user, and which monetary credit is reduced by the amount of toll incurred under an e-toll transaction by the user of the motor vehicle to which the e-tag has been fitted;

"e-toll account" means an account opened with the Agency by a person who, through his or her intended use of an e-road, may incur a liability to pay toll for that use and who wishes to discharge that liability through the said account and where such account is linked to the VLN;

"e-toll customer service centre" means a centre as determined by the Agency in the Conditions for the Payment of Tolls published by the Agency in terms of section 27(1)(b) of the Act;

"e-toll transaction" means the recording of the passage of a motor vehicle under a gantry and the simultaneous recording of the liability of the user of that motor vehicle to pay toll for the use of that motor vehicle on the road on which the gantry is situated;

"gantry" means a toll plaza where the liability to pay toll is recorded by an electrical or electronic device;

"motor vehicle" means a motor vehicle as defined in the National Road Traffic Act: Provided that for the purpose of fitment of an e-tag a trailer shall not be considered to be a motor vehicle;

"National Road Traffic Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996);

"non-registered e-tag user" means a user whose motor vehicle is fitted with an e-tag against which sufficient e-tag credit is reflected in the records of the Agency at the time of an e-toll transaction, for the payment of the toll incurred in respect of that e-toll transaction, but where the user has not registered with the Agency in accordance with these regulations;

"registered e-tag user" means a user who is registered with the Agency for a specific motor vehicle, complies with all the requirements of these regulations and where such user requests that e-toll transactions pertaining to the motor vehicle be recorded using an e-tag fitted to the motor vehicle; and where, at the time of the e-toll transaction, such user has -

(a) sufficient funds in his or her e-toll account to pay the toll that applies to the e-toll transaction;(b) linked his or her e-toll account to a payment method acceptable to the Agency; or(c) an agreement with the Agency to pay for e-toll transactions on a different basis than that contemplated in paragraph (a) or (b);

"registered user" means a user who has registered as either an e-tag user or as a VLN user with the Agency to pay e-toll in terms of these regulations;

"registered VLN user" means a user who is registered with the Agency for a specific motor vehicle, complies with the requirements of these regulations and where such user requests that e-toll transactions pertaining to the motor vehicle be recorded using the VLN of the motor vehicle; and where, at the time of the e-toll transaction, such user has -

(a) sufficient funds in his or her e-toll account to pay the toll that applies to the e-toll transaction;(b) linked his or her e-toll account to a payment method acceptable to the Agency; or(c) an agreement with the Agency to pay for e-toll transactions on a different basis from that contemplated in paragraph (a) or (b);

"Specification Regulations" means regulations made under section 58(1)(dB) of the Act;

"the Act" means the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998);

"user" means a person driving or using a motor vehicle on a toll road and "used" or "driven" or any like word has a corresponding meaning;

"VLN" means the motor Vehicle Licence Number allocated to a motor vehicle under section 4(3) of the National Road Traffic Act or under the legislation of the country in which the motor vehicle was registered; and

"website" means the e-toll website established by the Agency and reached at www.sanral.co.za.

2. SYSTEM OF REGISTRATION

Any person who wishes to be registered as-

(a) a day-pass user;(b) a registered e-tag user; or(c) a registered VLN user,

of an e-road

may do so in terms of these regulations.

A user of a motor vehicle on an e-road who, at the time of his or her use, has not registered must be categorised as either-

(a) a non-registered e-tag user; or

(b) an alternate user,

as the case may be.

The use of an e-road and the liability to pay toll for any e-toll transactions by a person who registers as a registered user or a day-pass user is subject to the Act and these regulations and, any person so registering, undertakes thereby to comply with the Act and these regulations.

Take note of the categories of persons who may register as an E-Toll user.

3. REGISTRATION AS AN E-TAG OR VLN USER

A person who uses an e-road may apply to the Agency to register as an e-tag user or a VLN user for a specific motor vehicle and to open an e-toll account, by providing the information contemplated below by-

(a) faxing a form obtainable from an e-toll customer service centre or the website as shown in Annexure A to these regulations to the facsimile number indicated on that form;(b) submitting such form by electronic mail message to the email address as indicated on that form;(c) logging on to the website for those purposes and providing the required information;(d) submitting the required information to an e-toll customer service centre; or(e) calling the call centre,

in each instance supplying to the Agency the information and documentation stipulated below.

The following information as applicable, must be supplied to the Agency together with the application for registration:

(a) The name and surname of the person applying for registration;(b) the identity number or the business registration number of the person applying for registration;(c) the VLN, make, model and colour, and if required by the Agency, the vehicle register number as reflected on the motor vehicle licence disc, of the motor vehicle to be used on the e-road by the person applying for registration or that is to be used on the e-road by persons in respect of whose use of the said motor vehicle on the e- road the person applying for registration undertakes liability to pay the toll so incurred;(d) a contact telephone number or electronic mail address for the person applying for registration or his or her authorized representative;(e) a preferred method of communication for notifications;(f) a preferred method of receipt of invoices;(g) the physical address of the person applying for registration;(h) the method of identification to be used for the motor vehicle as it passes beneath a gantry, whether by e-tag or VLN and, if by e-tag-(i) provide the e-tag identification number if acquired at a third party retailer, being the number reflected on the side of the e-tag; or(ii) apply for the issue of an e-tag for the motor vehicle a;(i) an undertaking on the part of the person applying for registration to make payment to the Agency of all toll incurred in respect of the use on the e-road of the motor vehicle described in the application for registration; and(j) a proposed method of payment for the settlement of the e-toll account to be opened, which method of payment shall be subject to the conditions that the Agency may determine and make known.

Upon receipt of the application and if the application made and the information submitted is in accordance with these regulations, the Agency must –

(a) capture the information submitted by the person applying for registration;(b) if the proposed method of payment for the settlement of the e-toll account to be opened complies with such conditions as the Agency has determined and made known, register the person who applied as a user in the register contemplated in regulation 10;

(c) to the extent applicable, specify the e-tag identification number and the corresponding VLN of the motor vehicle to which such e-tag must be fitted; and(d) if such person applied for an e-tag under sub-regulation (2)(h)(ii), issue an e-tag to such person.

The Agency must collect tolls from registered users in the manner contemplated in regulation 6.

Take note of the application process as an e-toll regular used

4. REGISTRATION OF A DAY-PASS USER

Any person intending to use an e-road may, before using that e-road, apply to register as a day-pass user of that e-road by providing the VLN, make, model, colour, year and class of the motor vehicle to be used -

(a) on the website;(b) by visiting an e-toll customer service centre; or(c) by contacting the call centre, and

by providing a payment method accepted by the Agency.

Upon receipt of the application and if the application made and the information submitted is in accordance with these regulations the Agency must -(a) capture the information submitted by the person applying for registration; and(b) if-(i) the method of payment for day-pass complies with such conditions as the Agency has determined and made known, and

register the person who applied as a day-pass user in the register contemplated in regulation 10 and issue to such person confirmation of registration as a day-pass user entitling the user to use the e-road in respect of which the day-pass has been issued.

The Agency must confirm the registration of a day-pass user by notification to the user at the time of registration either at the call centre, or by issuing a receipt at the e-toll customer service centre at which the application is made.

The person so registered as a day-pass user may, after being issued with confirmation of registration as a day-pass user, use the e-road for which he, she or it was registered as a day-pass user, without incurring any further toll liability in respect of that use under the following conditions:

(a) The period for which the person so registered may use the e-road for which he, she or it was registered as a day-pass user without incurring any further liability to pay toll shall not exceed 24 hours from the time when the user first uses the e-road;(b) an e-road may only be used under registration as a day-pass user 12 times during a 12 month period to be reckoned from the date and time the e-road was first used pursuant to the day-pass registration; and(c) if the same motor vehicle in respect of which a day pass was registered is used on an e-road outside of the 24-hour period or on an e-road other than the e-road in respect of which registration as a day-pass user was applied for, then, unless the person so using the motor vehicle is a registered user or a non- registered e-tag user, he, she or it shall be an alternate user and shall be liable for toll accordingly.

Take note of the application process as an e-toll day pass user

A day-pass must be used on an e-road, for which the vehicle was registered for the day-pass, within 30 days from the date of purchase, failing which the day pass shall expire.

A day-pass user is identified at the time of an e-toll transaction by the VLN of the motor vehicle used by the day-pass user.

5. USE OF AN E-ROAD BY REGISTERED USERS, BY NON-REGISTERED E-TAG USERS, AND BY ALTERNATE USERS

Before using an e-road, a registered e-tag user must, in the manner contemplated in the Specification Regulations published in terms of section 58(1)(dB) of the Act, fit the e-tag to the corresponding motor vehicle and maintain the e- tag in working order.

If a motor vehicle for which an e-tag has been specified passes beneath a gantry on an e-road and the equipment used to identify the e-tag fails, the user who is registered as the e-tag user in respect of that motor vehicle will be identified by the VLN of the motor vehicle.

In the case where the Agency detects that the e-tag of the registered e-tag user does not function properly it must notify the user by means of the preferred method of communication.

If a user, 10 days after he, she or it has been notified by the Agency continues to use an e-road without first replacing or returning the e-tag that is malfunctioning, -

(i) he, she or it will incur liability for toll as a registered VLN user provided that he, she or it otherwise satisfies the requirements of the definition of "registered VLN user," or(ii) if he, she or it does not satisfy the requirements of the definition of "registered VLN user" then he, she or it will incur liability for toll as an "alternate user".

A motor vehicle of a registered user that passes beneath a gantry shall be identified at the time of the e-toll transaction either by the e-tag or VLN, as the case may be, and the liability for toll may differ according to the method of identification in question.

Registered users must maintain an e-toll account with the Agency and must make payment timeously of all amounts due in respect of that account, which payment shall be subject to the conditions that the Agency may determine and make known.

Where a non-registered e-tag user, who prior to his or her use of an e-road fits an e-tag to a motor vehicle in the manner contemplated in the Specification Regulations published in terms of section 58(1)(dB) of the Act-

(a) he, she or it is identified at the time of the e-toll transaction by the VLN and e-tag so fitted;(b) the liability for toll for the use of the e-road by the non-registered e-tag user may be determined accordingly; and(c) the toll for the e-toll transaction so occurring will be set off against any e-tag credit.

The passage of a motor vehicle beneath a gantry, the user of which is an alternate user, is identified at the time of the e-toll transaction by the VLN or an e-tag and the liability for toll will be determined according to the tolls applicable to alternate users.

A registered user must-

(a) within 14 days of changing his or her physical or postal address or any of the particulars supplied to the Agency at the time of registration, notify the Agency of his or her new address or such new particulars;(b) notify the Agency within 24 hours after he, she or it becomes aware of the theft of a motor vehicle in respect of the use of which registration was applied for;(c) notify the Agency within 24 hours if a motor vehicle for which an e-toll account is registered has been declared unfit for use;(d) furnish information, if requested to do so, regarding a motor vehicle which is or may have been used by him or her on an e-road to any traffic officer, an employee of the Agency or an employee of an agent appointed by the Agency to operate the e-road;

(e) ensure that the number plates of the motor vehicle that he, she or it is using on an e-road are affixed in the manner prescribed in regulation 35 of the National Road Traffic Regulations, 2000 and are clearly visible at all times; and(f) not tamper with or duplicate a number plate or use a motor vehicle on an e-road without number plates being properly affixed to the motor vehicle.

An e-tag user-

(a) may not tamper with or duplicate an e-tag;(b) must notify the Agency within 24 hours of the e-tag becoming damaged or stolen or destroyed and, in the case of a registered e-tag user who wishes to remain registered-(i) provide a new e-tag identification number and the corresponding VLN of the motor vehicle to which such e-tag will be fitted, or(ii) apply for the issue of a new e-tag; and

(c) where he, she or it wishes to transfer the e-tag issued to him, her or it to another motor vehicle, provide the VLN, make, model and colour to the Agency and request the transfer of such e-tag to the new motor vehicle.

An alternate user must-

(a) ensure that the number plates of the motor vehicle that he, she or it is using on an e- road are affixed in the manner prescribed in regulation 35 of the National Road Traffic Regulations, 2000 and are clearly visible at all times;(b) not tamper with or duplicate a number plate or use a motor vehicle on an e-road without number plates being properly affixed to the motor vehicle; and

(c) ensure that his, her or its current address is on record with the appropriate registering authority as required by the National Road Traffic Regulations, 2000 made under the National Road Traffic Act and notify the Agency of any change of such address within 14 days from the date that the change took place.

Where a user is required by any provision contained in these regulations to give notice to the Agency of any occurrence or for purposes of complying with any provision of these regulations, then such notice must be given either by contacting the call centre or by visiting an e-toll customer service centre, or by any other means of notification that is indicated on that website.

Take note of the requirement to use and attach to your vehicle where registered as an E-toll user, your e-Toll tag.

6. TERMS AND CONDITIONS FOR PAYMENT OF TOLL

A registered user must pay the toll for which he, she or it becomes liable as a result of his or her use of an e-road at the place and subject to the conditions that the Agency may make known and determine.

Unless payment is made, such registered user shall remain liable for the payment of all tolls in relation to the use of an e-road.

Where a registered user does not pay the toll payable by him, her or it, the Agency must, within 32 days after the registered user has used an e-road, send an invoice to the said user to the last known address of such user reflecting the amount of the toll payable and such invoice must be paid by the said user on or before the date reflected on the invoice: Provided that the user is responsible to ensure that his or her correct address has been supplied to the Agency and that the VLN of the user is identifiable.

If an alternate user has used an e-road he, she or it must pay the toll applicable to such use within the time and at the place and subject to the conditions that the Agency may make known and determine.

If an alternate user does not pay the toll within the time and at the place and subject to the conditions that the Agency may make known and determine, the Agency must within 32 days after the alternate user has used an e-road but after expiry of the grace period and unless the user has registered, send an invoice to the said user, to the last known address provided in terms of the National Road Traffic Act by such user, reflecting the amount of the toll payable and such invoice shall be paid by the said user on or before the date reflected on the invoice.

The Agency may follow criminal and civil process to collect all outstanding tolls if, despite an invoice having been sent, the user continues to fail to pay such outstanding tolls within the period stipulated in the invoice or at all.

Where a motor vehicle that has been used on an e- road cannot be identified as a result of its having no number plates, illegible number plates or number plates which are shown to be false, or where the motor vehicle is registered outside of the Republic of South Africa –

(a) the Agency need not send an invoice to the user of that motor vehicle as required;and(b) the Agency may follow criminal and civil proceedings to collect such toll as may be owed for the use of the said motor vehicle on an e-road without first having to send an invoice.

No person may-

(a) in relation to any application made under these regulations; or(b) in relation to the furnishing of any information which, to his or her knowledge, is to be or may be used for any purpose in terms of these regulations,

make a declaration or furnish information to the Agency or any other person referred to in these regulations, which to his or her knowledge is false or misleading.

Any user of an e-road who, through such use, becomes liable to pay toll may request an invoice from the Agency at any e-toll customer centre, failing which the Agency shall not be obliged to provide invoices to any user, save as provided for elsewhere in these regulations.

Take note of your requirement to pay toll fees and the consequences of non payment- criminal or civil action…..

7. NOMINATIONS

The owner of a motor vehicle that was used on an e-road and who was not the user of the motor vehicle that was operated on an e-road and who wishes to nominate another person as the user of such motor vehicle for the purpose of identifying the person who was using the vehicle at the time of the relevant e-toll transaction, may do so by completing the form as shown in Annexure B to these Regulations, providing the information and submitting such form to the Agency via registered post to the Agency's postal address, being Private Bag X64 Centurion, or at an e-toll customer service centre.

The owner of a motor vehicle must provide-(a) his, her or its full names and contact details and the VLN of the motor vehicle concerned;(b) the date, time and road when and where the relevant e-toll transaction occurred; and(c) the full names, postal and residential address of the driver or user.

The Agency must-

(a) if the information on the form is complete and corresponds with the Agency's records pertaining to the relevant e-toll transaction;and(b) if satisfied that person nominating was not the driver or user of the motor vehicle at the time of the e-toll transaction,

capture the information in the register contemplated in regulation 10 and remove the toll transaction to which the nomination relates from the record of such nominating person and send an invoice as contemplated in regulation 6(5) to the person who has been nominated as user.

Take note of your right to nominate a User of your vehicle

8. REPRESENTATIONS

The owner of a motor vehicle, or a user or driver who wishes to make a representation as to the alleged driving or use of the relevant motor vehicle on an e-road may do so by completing the form as shown in Annexure C to these Regulations and submitting such form to the Agency at an e- toll customer service centre or sending it by registered post to the Agency's postal address, being Private Bag X64 Centurion.

The Agency must duly consider the representations and any reply thereto and-

(a) may conduct independent investigations to verify the facts; and(b) may—(i) allow the representations if there are reasonable grounds indicating that the person making the representation must not be held liable for the e-toll transaction; or(ii) reject the representations if there are no such reasonable grounds.

If the representations are allowed the agency must capture the information in the register as contemplated in regulation 10 and , where appropriate, cancel the e-toll transaction to which the representation relates, and inform the person who made the representation thereof.

If the representations are rejected, the Agency must advise the person that the representations have been rejected, provide the reasons for the decision and inform the person who is liable that he, she or it is liable for the relevant outstanding tolls.

If that person fails to pay the outstanding tolls for which he, she or it is liable, the Agency may follow the procedures contemplated in regulation 6.

9. OFFENCES

Any person who wilfully or negligently contravenes or fails to comply with the provisions of regulation 5 or regulation 6, shall be guilty of an offence and shall upon conviction be liable to a fine or imprisonment not exceeding six months.

Take note of the offences

10. REGISTERS AND RECORDS

The Agency must establish and keep a register to record all transactions of registered e-tag users, registered VLN users and day-pass users.

Final disposition of the records contemplated in these regulations must be in accordance with the National Archives and Record Service of South Africa Act, 1996 (Act No. 43 of 1996).

Records may be kept as hard copies, as microfilm or in electronic format.

11. SHORT TITLE AND COMMENCEMENT

These regulations are called the e-Road Regulations, 2013 and shall come into operation on date of their publication in the Government Gazette.


RE

Applies to:

Users of the Declared Gauteng Toll Roads

Impact and Action:

Any person who wishes to be registered as-

a day-pass user; a registered e-tag user; or a registered VLN user,

must apply for registration.

Where the user of a motor vehicle on an e-road who has not registered , such user will be categorised as either-

a non-registered e-tag user; or an alternate user.

When a person passes through the gantry, the system will record that usage through the E-Tag in the case of a registered user. If the e-tag fails, the user will be identified by the VLN of the motor vehicle.

Therefore the motor vehicle of a registered user that passes beneath a gantry shall be identified at the time of the e-toll transaction either by the e-tag or VLN, as the case may be, and the liability for toll may differ according to the method of identification in question.

Registered users must maintain an e-toll account with the Agency and must make payment timeously of all amounts due in respect of that account, which payment shall be subject to the conditions that the Agency may determine and make known.

An non registered user or an alternate user must ensure that the number plates of the motor vehicle that he, she or it is using on an e- road are affixed in the manner prescribed in regulation 35 of the National Road Traffic Regulations, 2000 and are clearly visible at all times and ensure that his, her or its current address is on record with the appropriate registering authority as required by the National Road Traffic Regulations, 2000 made under the National Road Traffic Act and notify the Agency of any change of such address within 14 days from the date that the change took place.

A registered user must pay the toll for which he, she or it becomes liable as a result of his or her use of an e-road at the place and subject to the conditions that the Agency may make known and determine. Unless payment is made, such registered user shall remain liable for the payment of all tolls in relation to the use of an e-road. Where a registered user does not pay the toll payable by him, her or it, the Agency must, within 32 days after the registered user has used an e-road, send an invoice to the said user to the last known address of such user reflecting the amount of the toll payable and such invoice must be paid by the said user on or before the date reflected on the invoice: Provided that the user is responsible to ensure that his or her correct address has been supplied to the Agency and that the VLN of the user is identifiable.

If a non registered user or an alternate user has used an e-road he, she or it must pay the toll applicable to such use within the time and at the place and subject to the conditions that the Agency may make known and determine.

If a non registered user or an alternate user does not pay the toll within the time and at the place and subject to the conditions that the Agency may make known and determine, the Agency must within 32 days after the alternate user has used an e-road but after expiry of the grace period and unless the user has registered, send an invoice to the said user, to the last known address provided in terms of the National Road Traffic Act by such user, reflecting the amount of the toll payable and such invoice shall be paid by the said user on or before the date reflected on the invoice.

The Agency may follow criminal and civil process to collect all outstanding tolls if, despite an invoice having been sent, the user continues to fail to pay such outstanding tolls within the period stipulated in the invoice or at all.

Where a motor vehicle that has been used on an e- road cannot be identified as a result of its having no number plates, illegible number plates or number plates which are shown to be false, or where the motor vehicle is registered outside of the Republic of South Africa the Agency need not send an invoice to the user of that motor vehicle as required and the Agency may follow criminal and civil proceedings to collect such toll as may be owed for the use of the said motor vehicle on an e-road without first having to send an invoice.

E-TOLLS : TARRIFFS FOR THE DIFFERENT CATEGORIES OF ROAD USERS AND CLASSES OF MOTOR VEHICLES: GAUTENG FREEWAY IMPROVEMENT PROJECT, TOLL ROADS

NOTE DEFINITIONS:

"alternate user" means a user who is not a registered e-tag user, a registered VLN user, a day-pass user for the e-road used or a non-registered e-tag user;

"day-pass user" means a user of an e-road using a day-pass for the e-road used, which day-pass has been issued and contemplated in regulation 4;

"non-registered e-tag user" means a user whose motor vehicle is fitted with an e-tag against which sufficient e-tag credit is reflected in the records of the Agency at the time of an e-toll transaction, for the payment of the toll incurred in respect of that e-toll transaction, but where the user has not registered with the Agency in accordance with these regulations;

"registered e-tag user" means a user who is registered with the Agency for a specific motor vehicle, complies with all the requirements of these regulations and where such user requests that e-toll transactions pertaining to the motor vehicle be recorded using an e-tag fitted to the motor vehicle; and where, at the time of the e-toll transaction, such user has -

(a) sufficient funds in his or her e-toll account to pay the toll that applies to the e-toll transaction;(b) linked his or her e-toll account to a payment method acceptable to the Agency; or(c) an agreement with the Agency to pay for e-toll transactions on a different basis than that contemplated in paragraph (a) or (b);

"VLN" means the motor Vehicle Licence Number allocated to a motor vehicle under section 4(3) of the National Road Traffic Act or under the legislation of the country in which the motor vehicle was registered; and

KEY WORDS

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998 (ACT No. 7 OF 1998)

GAUTENG FREEWAY IMPROVEMENT PROJECT, TOLL ROADS: PUBLICATION OF TOLLS

IN A NUTSHELL

TAKE NOTE in terms of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998), the costs of the tolls to be levied, and the rebates allowed thereon and any increases and reductions thereof ihave been determined.

These are set out below.

TOLL ROADS

Declared Toll roads: As declared by Government Notice No. 30912 of 28 March 2008

∙N1 sections 20 and 21

∙N3 section 12

∙N4 section 1

∙N12 sections 18 and 19

As declared by Government Notice No. 31273 of 28 July 2008

∙R21 sections 1 and 2

EFFECTIVE DATE

The tolls that may be levied will be payable from 03/12/ 2013

DEFINITIONS

In this Notice, a word or expression that has been defined in the Act or in the e-Road Regulations has the same meaning and:

discount means a rebate as contemplated in section 27(3) of the Act;

GFIP Toll roads

means the roads comprising the Gauteng Freeway Improvement Project, which are N1 sections 20 and 21, N3 section 12, N4 section 1 and N12 sections 18 and 19 (as declared by Government Notice No. 30912 of 28 March 2008); and R21 sections 1 and 2 (as declared by Government Notice No. 31273 of 28 July 2008);

grace period means seven days from the date and time that an e-toll transaction occurs;

standard tariff

means the toll amount used to calculate a discount, except a discount for an alternate user, that may apply; and

tariff means the amount of toll as determined by the Minister in terms of section 27(3)(a) of the Act.

CLASSES OF MOTOR VEHICLES

The classes of motor vehicles for the purposes of the GFIP-toll roads are set out in Table 3.

To qualify for a specific motor vehicle class, the motor vehicle must have the dimensions set out in Table 3.

Table 3: Classes of motor vehiclesClass Motor vehicle type Dimensions of motor vehicle

A1 Motor cyclesLength under 3,0 metresWidth under 1,3 metresHeight under 2,5 metres

A2Light motor vehicles (excluding motor cycles and only if the motor vehicle without any trailer does not qualify as a Class B or C motor vehicle)

Length under 6,0 metresHeight under 2,5 metresTrailers that meet the criteria below are not considered when measuring dimensions for light motor vehicles:1.It is designed or adapted to be drawn by a tow bar that is attached to a Class A2 motor vehicle.2.It is not self-propelled.3.It has a centre axle or centre axles.4.The gross vehicle mass is not more than 3 500 kilograms.This means a motor vehicle under 6,0 metres with a trailer that makes the total length of both vehicles more than 6,0 metres will still be classified as a Class A2 motor vehicle.

If the motor vehicle is drawing a semi-trailer, the motor vehicle combination does not qualify as a Class A2 light motor vehicle.This is regardless of whether or not the motor vehicle drawing the semi-trailer is under 6, 0 metres or not. A semi-trailer has the meaning given to it in the National Road Traffic Act.

BSmall heavy motor vehicles(but only if the motor vehicle does not qualify as a Class C motor vehicle)

Length, including any trailer, of 6,0 metres or more, but not over 12,5 metresorLength, including any trailer, of under 6,0 metres and height of 2,5 metres or more

C Large heavy motor vehicles Length, including any trailer, of more than 12,5 metres

USERS OF THE GFIP-TOLL ROADS AND THE TOLL PAYABLE BY THOSE USERS

Subject to any exemption that may be granted in terms of the Act, tolls shall be levied by the Agency for every e-toll transaction on the GFIP-toll roads and shall be payable by every user of the GFIP-toll roads by not later than the expiry of the grace period.

Users of the GFIP-toll roads are liable to pay toll, for each e-toll transaction, in the amount of the standard tariff or a tariff, which standard tariff or tariff is determined by-

the class of motor vehicle used on the GFIP-toll roads, contemplated in paragraph 4; and the means by which the passage of a motor vehicle beneath a gantry is identified and the liability to pay toll recorded and the

means of payment, including pre- payment of toll liability as contemplated in paragraph 3.

TARIFFS

Tariffs for registered users, non-registered e-tag users, and alternate users

The standard tariffs and tariffs for the following users, differentiated according to the Class of motor vehicle, are set out in Table 1.

In respect of an e-toll transaction-

a registered e-tag user pays the tariff set out in Column 3 of Table 1 for the particular class of motor vehicle;

a non-registered e-tag user pays the tariff set out in Column 4 of Table 1 for the particular class of motor vehicle;

a registered VLN user pays the tariff set out in Column 5 of Table 1 for the particular class of motor vehicle; and

an alternate user pays the tariff set out in Column 6 of Table 1 for the particular class of motor vehicle.

Tariffs include VAT

The tariffs include value-added tax (VAT) as provided for in the Value- Added Tax Act, 1991 (Act No. 89 of 1991).

Class Motor vehicle type Dimensions of motor vehicle


Table 1: Tariffs for motor vehicle class: Class A1Plaza name and place Standard

tariffTariff to be paid by registered e- tag users

Tariff to be paid by non- registered e-tag users

Tariff to be paid by registered VLN users

Tariff to be paid by alternate users

(Column 1) (Column 2) (Column 3) (Column 4) (Column 5) (Column 6)1, Barbet(N1-21) R 3.48 R 1.80 R 3.48 R 3.48 R 10.442, Mossie (N1-21) R 3.48 R 1.80 R 3.48 R 3.48 R 10.443, Indlazi (N1-21) R 3.38 R 1.75 R 3.38 R 3.38 R 10.144, Pikoko (N1-21) R 3.38 R 1.75 R 3.38 R 3.38 R 10.145, Ivusi (N1-21) R 3.20 R 1.66 R 3.20 R 3.20 R 9.606, Flamingo (N1-21) R 3.20 R 1.66 R 3.20 R 3.20 R 9.607, Ihobe (N1-21) R 3.90 R 2.02 R 3.90 R 3.90 R 11.708, Sunbird (N1-20) R 3.90 R 2.02 R 3.90 R 3.90 R 11.709, Tarentaal (N1-20) R 2.99 R 1.55 R 2.99 R 2.99 R 8.9710, Blouvalk (N1-20) R 2.99 R 1.55 R 2.99 R 2.99 R 8.9711, Owl (N1-20) R 3.72 R 1.92 R 3.72 R 3.72 R 11.1612, Pelican (N1-20) R 3.72 R 1.92 R 3.72 R 3.72 R 11.1613, King Fisher (N1-20) R 3.31 R 1.71 R 3.31 R 3.31 R 9.9314, Ukhozi (N1-20) R 3.31 R 1.71 R 3.31 R 3.31 R 9.9315, Fiscal (N1-20) R 2.92 R 1.51 R 2.92 R 2.92 R 8.7616, Stork (N1-20) R 2.92 R 1.51 R 2.92 R 2.92 R 8.7617, Ilowe (N1-20) R 0.70 R 0.36 R 0.70 R 0.70 R 2.1018, Leeba (N3-12) R 2.51 R 1.30 R 2.51 R 2.51 R 7.5319, Ibis (N3-12) R 2.51 R 1.30 R 2.51 R 2.51 R 7.5320, Kiewiet (N3-12) R 2.68 R 1.39 R 2.68 R 2.68 R 8.0421, Kwikkie (N3-12) R 2.68 R 1.39 R 2.68 R 2.68 R 8.0422, Starling (N3-12) R 2.85 R 1.47 R 2.85 R 2.85 R 8.5523, Rooivink (N3-12) R 2.85 R 1.47 R 2.85 R 2.85 R 8.5524, Mpshe (N3-12) R 2.30 R 1.19 R 2.30 R 2.30 R 6.9025, Oxpecker (N3-12) R 2.30 R 1.19 R 2.30 R 2.30 R 6.9028, Phakwe (N12-18) R 2.58 R 1.33 R 2.58 R 2.58 R 7.7429,Thaha(N12-18) R 3.65 R 1.89 R 3.65 R 3.65 R 10.9530, Lenong (N12-18) R 3.90 R 2.02 R 3.90 R 3.90 R 11.7031, Lekgwaba (N12-18) R 2.82 R 1.46 R 2.82 R 2.82 R 8.4632, Loerie (N12-19) R 3.83 R 1.98 R 3.83 R 3.83 R 11.4933, Gull (N12-19) R 3.83 R 1.98 R 3.83 R 3.83 R 11.4934, Ilanda (N12-19) R 2.82 R 1.46 R 2.82 R 2.82 R 8.4635, Bee-eater (N12-19) R 2.82 R 1.46 R 2.82 R 2.82 R 8.4637, Hadeda (R 21-1) R 2.82 R 1.46 R 2.82 R 2.82 R 8.4638, Ntsu (R 21-1) R 2.82 R 1.46 R 2.82 R 2.82 R 8.4639, Heron (R 21-1) R 3.45 R 1.78 R 3.45 R 3.45 R 10.3540, Bluecrane (R 21-1) R 3.45 R 1.78 R 3.45 R 3.45 R 10.3541, Swael (R 21-2) R 4.87 R 2.52 R 4.87 R 4.87 R 14.6142, Letata (R 21-2) R 4.87 R 2.52 R 4.87 R 4.87 R 14.6143, Swan (R 21-2) R 4.00 R 2.07 R 4.00 R 4.00 R 12.0044, Weaver (R 21-2) R 4.00 R 2.07 R 4.00 R 4.00 R 12.00

45, Hornbill (R 21-2) R 2.12 R 1.10 R 2.12 R 2.12 R 6.3647, Ugaga (N12-19) R 3.20 R 1.66 R 3.20 R 3.20 R 9.6048, Inkovu (N4-1) R 3.79 R 1.96 R 3.79 R 3.79 R 11.3749, Penguin (N4-1) R 3.79 R 1.96 R 3.79 R 3.79 R 11.37

Class Motor vehicle type Dimensions of motor vehicle




Table 1: Tariffs for motor vehicle class: Class A2Plaza name and place Standard tariff Tariff to be paid by

registered e- tag usersTariff to be paid by non- registered e-tag users



(Column 1) (Column 2) (Column 3) (Column 4) (Column 5) (Column 6)1, Barbet(N1-21) R 5.80 R 3.00 R 5.80 R 5.80 R 17.402, Mossie (N1-21) R 5.80 R 3.00 R 5.80 R 5.80 R 17.403, Indlazi (N1-21) R 5.63 R 2.91 R 5.63 R 5.63 R 16.894, Pikoko (N1-21) R 5.63 R 2.91 R 5.63 R 5.63 R 16.895, Ivusi (N1-21) R 5.34 R 2.76 R 5.34 R 5.34 R 16.026, Flamingo (N1-21) R 5.34 R 2.76 R 5.34 R 5.34 R 16.027, Ihobe (N1-21) R 6.50 R 3.36 R 6.50 R 6.50 R 19.508, Sunbird (N1-20) R 6.50 R 3.36 R 6.50 R 6.50 R 19.509,Tarentaal(N1-20) R 4.99 R 2.58 R 4.99 R 4.99 R 14.9710, Blouvalk (N1-20) R 4.99 R 2.58 R 4.99 R 4.99 R 14.9711, Owl (N1-20) R 6.21 R 3.21 R 6.21 R 6.21 R 18.6312, Pelican (N1-20) R 6.21 R 3.21 R 6.21 R 6.21 R 18.6313, King Fisher (N1-20) R 5.51 R 2.85 R 5.51 R 5.51 R 16.5314, Ukhozi (N1-20) R 5.51 R 2.85 R 5.51 R 5.51 R 16.5315, Fiscal (N1-20) R 4.87 R 2.52 R 4.87 R 4.87 R 14.6116, Stork (N1-20) R 4.87 R 2.52 R 4.87 R 4.87 R 14.6117, Ilowe (N1-20) R 1.16 R 0.60 R 1.16 R 1.16 R 3.4818, Leeba (N3-12) R 4.18 R 2.16 R 4.18 R 4.18 R 12.5419, Ibis (N3-12) R 4.18 R 2.16 R 4.18 R 4.18 R 12.5420, Kiewiet (N3-12) R 4.47 R 2.31 R 4.47 R 4.47 R 13.4121, Kwikkie (N3-12) R 4.47 R 2.31 R 4.47 R 4.47 R 13.4122, Starling (N3-12) R 4.76 R 2.46 R 4.76 R 4.76 R 14.2823, Rooivink (N3-12) R 4.76 R 2.46 R 4.76 R 4.76 R 14.2824, Mpshe (N3-12) R 3.83 R 1.98 R 3.83 R 3.83 R 11.4925, Oxpecker (N3-12) R 3.83 R 1.98 R 3.83 R 3.83 R 11.4928, Phakwe (N12-18) R 4.29 R 2.22 R 4.29 R 4.29 R 12.8729, Thaha (N12-18) R 6.09 R 3.15 R 6.09 R 6.09 R 18.2730, Lenong(N12-18) R 6.50 R 3.36 R 6.50 R 6.50 R 19.5031, Lekgwaba (N12-18) R 4.70 R 2.43 R 4.70 R 4.70 R 14.1032, Loerie (N12-19) R 6.38 R 3.30 R 6.38 R 6.38 R 19.1433, Gull (N12-19) R 6.38 R 3.30 R 6.38 R 6.38 R 19.1434, Ilanda (N12-19) R 4.70 R 2.43 R 4.70 R 4.70 R 14.1035, Bee-eater (N12-19) R 4.70 R 2.43 R 4.70 R 4.70 R 14.1037, Hadeda (R 21-1) R 4.70 R 2.43 R 4.70 R 4.70 R 14.1038, Ntsu (R 21-1) R 4.70 R 2.43 R 4.70 R 4.70 R 14.1039, Heron (R 21-1) R 5.74 R 2.97 R 5.74 R 5.74 R 17.2240, Bluecrane (R 21-1) R 5.74 R 2.97 R 5.74 R 5.74 R 17.2241, Swael (R 21-2) R 8.12 R 4.20 R 8.12 R 8.12 R 24.3642, Letata (R 21-2) R 8.12 R 4.20 R 8.12 R 8.12 R 24.3643, Swan (R 21-2) R 6.67 R 3.45 R 6.67 R 6.67 R 20.0144, Weaver (R 21-2) R 6.67 R 3.45 R 6.67 R 6.67 R 20.0145, Hornbill (R 21-2) R 3.54 R 1.83 R 3.54 R 3.54 R 10.6247, Ugaga (N12-19) R 5.34 R 2.76 R 5.34 R 5.34 R 16.0248, Inkovu (N4-1) R 6.32 R 3.27 R 6.32 R 6.32 R 18.9649, Penguin (N4-1) R 6.32 R 3.27 R 6.32 R 6.32 R 18.96



Table 1: Tariffs for motor vehicle class: Class BPlaza name and place Standard tariff Tariff to be paid by




(Column 1) (Column 2) (Column 3) (Column 4) (Column 5) (Column 6)1, Barbet(N1-21) R 14.50 R 7.50 R 14.50 R 14.50 R 43.502, Mossie (N1-21) R 14.50 R 7.50 R 14.50 R 14.50 R 43.503, Indlazi (N1-21) R 14.07 R 7.28 R 14.07 R 14.07 R 42.214, Pikoko (N1-21) R 14.07 R 7.28 R 14.07 R 14.07 R 42.215, Ivusi (N1-21) R 13.34 R 6.90 R 13.34 R 13.34 R 40.026, Flamingo (N1-21) R 13.34 R 6.90 R 13.34 R 13.34 R 40.027, Ihobe (N1-21) R 16.24 R 8.40 R 16.24 R 16.24 R 48.728,Sunbird(N1-20) R 16.24 R 8.40 R 16.24 R 16.24 R 48.729, Tarentaal (N1-20) R 12.47 R 6.45 R 12.47 R 12.47 R 37.4110, Blouvalk (N1-20) R 12.47 R 6.45 R 12.47 R 12.47 R 37.4111, Owl (N1-20) R 15.52 R 8.03 R 15.52 R 15.52 R 46.5612, Pelican (N1-20) R 15.52 R 8.03 R 15.52 R 15.52 R 46.5613, King Fisher (N1-20) R 13.78 R 7.13 R 13.78 R 13.78 R 41.3414, Ukhozi (N1-20) R 13.78 R 7.13 R 13.78 R 13.78 R 41.3415, Fiscal (N1-20) R 12.18 R 6.30 R 12.18 R 12.18 R 36.5416, Stork (N1-20) R 12.18 R 6.30 R 12.18 R 12.18 R 36.5417, Ilowe (N1-20) R 2.90 R 1.50 R 2.90 R 2.90 R 8.7018, Leeba (N3-12) R 10.44 R 5.40 R 10.44 R 10.44 R 31.3219, Ibis (N3-12) R 10.44 R 5.40 R 10.44 R 10.44 R 31.3220, Kiewiet (N3-12) R 11.17 R 5.78 R 11.17 R 11.17 R 33.5121, Kwikkie (N3-12) R 11.17 R 5.78 R 11.17 R 11.17 R 33.5122, Starling (N3-12) R 11.89 R 6.15 R 11.89 R 11.89 R 35.6723, Rooivink (N3-12) R 11.89 R 6.15 R 11.89 R 11.89 R 35.6724, Mpshe (N3-12) R 9.57 R 4.95 R 9.57 R 9.57 R 28.7125, Oxpecker (N3-12) R 9.57 R 4.95 R 9.57 R 9.57 R 28.7128, Phakwe (N12-18) R 10.73 R 5.55 R 10.73 R 10.73 R 32.1929, Thaha(N12-18) R 15.23 R 7.88 R 15.23 R 15.23 R 45.6930, Lenong (N12-18) R 16.24 R 8.40 R 16.24 R 16.24 R 48.7231, Lekgwaba (N12-18) R 11.75 R 6.08 R 11.75 R 11.75 R 35.2532, Loerie (N12-19) R 15.95 R 8.25 R 15.95 R 15.95 R 47.8533, Gull (N12-19) R 15.95 R 8.25 R 15.95 R 15.95 R 47.8534, Ilanda (N12-19) R 11.75 R 6.08 R 11.75 R 11.75 R 35.2535, Bee-eater (N12-19) R 11.75 R 6.08 R 11.75 R 11.75 R 35.2537, Hadeda (R 21-1) R 11.75 R 6.08 R 11.75 R 11.75 R 35.2538, Ntsu (R 21-1) R 11.75 R 6.08 R 11.75 R 11.75 R 35.2539, Heron (R 21-1) R 14.36 R 7.43 R 14.36 R 14.36 R 43.0840, Bluecrane (R 21-1) R 14.36 R 7.43 R 14.36 R 14.36 R 43.0841, Swael (R 21-2) R 20.30 R 10.50 R 20.30 R 20.30 R 60.9042, Letata (R 21-2) R 20.30 R 10.50 R 20.30 R 20.30 R 60.9043, Swan (R 21-2) R 16.68 R 8.63 R 16.68 R 16.68 R 50.0444, Weaver (R 21-2) R 16.68 R 8.63 R 16.68 R 16.68 R 50.0445, Hornbill (R 21-2) R 8.85 R 4.58 R 8.85 R 8.85 R 26.5547, Ugaga (N12-19) R 13.34 R 6.90 R 13.34 R 13.34 R 40.0248, Inkovu (N4-1) R 15.81 R 8.18 R 15.81 R 15.81 R 47.4349, Penguin (N4-1) R 15.81 R 8.18 R 15.81 R 15.81 R 47.43




Table 1: Tariffs for motor vehicle class: Class BPlaza name and place Standard tariff Tariff to be paid by




(Column 1) (Column 2) (Column 3) (Column 4) (Column 5) (Column 6)1, Barbet (N1-21) R 29.00 R 15.00 R 29.00 R 29.00 R 87.002, Mossie (N1-21) R 29.00 R 15.00 R 29.00 R 29.00 R 87.003, Indlazi (N1-21) R 28.13 R 14.55 R 28.13 R 28.13 R 84.394, Pikoko (N1-21) R 28.13 R 14.55 R 28.13 R 28.13 R 84.395, Ivusi (N1-21) R 26.68 R 13.80 R 26.68 R 26.68 R 80.046, Flamingo (N1-21) R 26.68 R 13.80 R 26.68 R 26.68 R 80.047, Ihobe (N1-21) R 32.48 R 16.80 32.48 R 32.48 R 97.448, Sunbird (N1-20) R 32.48 R 16.80 R 32.48 R 32.48 R 97.449, Tarentaal (N1-20) R 24.94 R 12.90 R 24.94 R 24.94 R 74.8210, Blouvalk (N1-20) R 24.94 R 12.90 R 24.94 R 24.94 R 74.8211, Owl (N1-20) R 31.03 R 16.05 R 31.03 R 31.03 R 93.0912, Pelican (N1-20) R 31.03 R 16.05 R 31.03 R 31.03 R 93.0913, King Fisher (N1-20) R 27.55 R 14.25 R 27.55 R 27.55 R 82.6514, Ukhozi (N1-20) R 27.55 R 14.25 R 27.55 R 27.55 R 82.6515, Fiscal (N1-20) R 24.36 R 12.60 R 24.36 R 24.36 R 73.0816, Stork (N1-20) R 24.36 R 12.60 R 24.36 R 24.36 R 73.0817, Ilowe (N1-20) R 5.80 R 3.00 R 5.80 R 5.80 R 17.4018, Leeba (N3-12) R 20.88 R 10.80 R 20.88 R 20.88 R 62.6419, Ibis (N3-12) R 20.88 R 10.80 R 20.88 R 20.88 R 62.6420, Kiewiet (N3-12) R 22.33 R 11.55 R 22.33 R 22.33 R 66.9921, Kwikkie (N3-12) R 22.33 R 11.55 R 22.33 R 22.33 R 66.9922, Starling (N3-12) R 23.78 R 12.30 R 23.78 R 23.78 R 71.3423, Rooivink (N3-12) R 23.78 R 12.30 R 23.78 R 23.78 R 71.3424, Mpshe (N3-12) R 19.14 R 9.90 R 19.14 R 19.14 R 57.4225, Oxpecker (N3-12) R 19.14 R 9.90 R 19.14 R 19.14 R 57.4228, Phakwe (N12-18) R 21.46 R 11.10 R 21.46 R 21.46 R 64.3829, Thaha (N12-18) R 30.45 R 15.75 R 30.45 R 30.45 R 91.3530, Lenong (N12-18) R 32.48 R 16.80 R 32.48 R 32.48 R 97.4431, Lekgwaba (N12-18) R 23.49 R 12.15 R 23.49 R 23.49 R 70.4732, Loerie (N12-19) R 31.90 R 16.50 R 31.90 R 31.90 R 95.7033, Gull (N12-19) R 31.90 R 16.50 R 31.90 R 31.90 R 95.7034, Ilanda (N12-19) R 23.49 R 12.15 R 23.49 R 23.49 R 70.4735, Bee-eater (N12-19) R 23.49 R 12.15 R 23.49 R 23.49 R 70.4737, Hadeda (R 21-1) R 23.49 R 12.15 R 23.49 R 23.49 R 70.4738, Ntsu (R 21-1) R 23.49 R 12.15 R 23.49 R 23.49 R 70.4739, Heron (R 21-1) R 28.71 R 14.85 R 28.71 R 28.71 R 86.1340, Bluecrane (R 21-1) R 28.71 R 14.85 R 28.71 R 28.71 R 86.1341, Swael (R 21-2) R 40.60 R 21.00 R 40.60 R 40.60 R 121.8042, Letata (R21-2) R 40.60 R 21.00 R 40.60 R 40.60 R 121.8043, Swan (R 21-2) R 33.35 R 17.25 R 33.35 R 33.35 R 100.0544, Weaver (R21-2) R 33.35 R 17.25 R 33.35 R 33.35 R 100.0545, Hornbill (R21-2) R 17.69 R 9.15 R 17.69 R 17.69 R 53.0747, Ugaga (N12-19) R 26.68 R 13.80 R 26.68 R 26.68 R 80.0448, Inkovu (N4-1) R 31.61 R 16.35 R 31.61 R 31.61 R 94.8349, Penguin (N4-1) R 31.61 R 16.35 R 31.61 R 31.61 R 94.83

TARIFFS FOR DAY PASS USERS

A day pass user pays the tariff set out in Table 2 for the particular motor vehicle class:Table 2: Tariffs payable by day pass users

Motor vehicle class Tariff for each 24-hour periodA1 R 30.00A2 R 50.00B R125.00C R 250.00

Table 3: Classes of motor vehiclesClass Motor vehicle type Dimensions of motor vehicle








DISCOUNTS APPLYING TO TARIFFS

The sum of all discounts in respect of an e-toll transaction may not exceed the amount of toll payable in respect of such e-toll transaction.

Types of discount up to the end of the grace period

There are three types of discount that will be applied if payment for an e-toll transaction is made within the grace period:

time-of-day discount; frequent user discount; and grace-period discounts for alternate users, which discounts are described more fully and apply in the circumstances and subject to the conditions as set out below.

The time-of-day discount and frequent user discount are calculated using the standard tariff set out in Column 2 of Table 1 for the particular motor vehicle class.

All discounts apply to a specific motor vehicle and not to an e-toll account that may be used to discharge liability for toll.

Types of discounts after the grace period has expired

There are only two types of discounts that shall apply after the grace period applicable to an e-toll transaction has expired:

discounts for alternate users; and

once-off discount for alternate users,

which discounts are described more fully and apply in the circumstances and subject to the conditions as set out below.

Time-of-day discount

A discount based on the time of day

The time-of-day discount gives a discount to users who use the GFIP-toll roads at certain times.

The time-of-day discount applies to the following users in all motor vehicle classes: a registered e-tag user; a non-registered e-tag user; a registered VLN user; and an alternate user, subject to payment being made within the grace period.

The time-of-day discount is applied through the Agency deducting from the tariff that the user who qualifies for the discount would ordinarily be liable to pay for the use of the motor vehicle on the GFIP-toll roads, an amount equal to a percentage of the standard tariff, the applicable percentage being that which corresponds with the time and day of use of the motor vehicle as reflected on Table 4 for the class of motor vehicle in question.

The Agency deducts the discount from the tariff that applies to the category of user and vehicle. It is in addition to any other discount that may apply to that user.

Table 4: Time-of-day discounts

Time-of-day discounts: Classes A1 and A2Time-of-day Weekday Saturday Sunday Public holidayAfter 00:00 up to and including 05:00

25% of standard tariff deducted 25% of standard tariff

deducted25% of standard tariff deducted

25% of standard tariff deducted

After 05:00 up to and including 06:00












deducted25% of standard tariff deductedAfter 23:00 up to and

including 00:0025% of standard tariff deducted

Time-of-day discounts: Classes B and CTime of day Weekday Saturday Sunday Public holidayAfter 00:00 up to and including 05:00


deducted30% of standard tariff deducted










After 16:00 up to and including 18:00 0% of standard tariff

deductedAfter 18:00 up to and including 19:00







Discounts for frequent users

The frequent user discount only applies to registered e-tag users.

The frequent user discount is a discount on the standard tariff shown in Column 2 of Table 1 and this frequent user discount –

is based on how often a registered e-tag user uses the GFIP-toll roads in a specific motor vehicle in a calendar month; applies where the frequency of use of a motor vehicle in a calendar month, expressed as the total monetary value of all e-toll

transactions incurred using that motor vehicle in that calendar month, reaches the threshold stipulated in Table 5 ; applies separately to each motor vehicle used on the GFIP-toll roads; does not apply to the cumulative use of all vehicles driven on the GFIP-toll roads by a user in a calendar month; is applied by the Agency by deducting from the tariff shown in Column 3 of Table 1 the value of the percentage reflected in

Table 5 applicable to the corresponding threshold value;

applies only to those e-toll transactions or portions thereof that occur when the threshold value has been reached and only for the remainder of that calendar month, but does not serve to reduce the liability for toll already incurred prior to that threshold being reached; and

does not in any circumstances entitle a user to claim back from the Agency any toll which the user has already paid or which the user has become liable to pay for his or her use of the GFIP-toll roads.

The value of the e-toll transactions in a calendar month is calculated from the tariffs shown in Column 3 of Table 1, less any time-of-day and any other applicable discounts.

A 15% discount applies to e-toll transactions that take place when the user of a Class A2 motor vehicle has reached a threshold value of R400.00 in e-toll transactions in a calendar month.

No frequent user discounts for Class A2 motor vehicles apply to e-toll transactions under the R400.00 threshold.

Once the threshold value reflected in the last row of Table 5 has been reached for the class of motor vehicle in question, the user of the motor vehicle that reaches that threshold value will, for the remainder of the month in which the threshold value is reached, incur no further liability for toll for e-toll transactions in respect of that motor vehicle, which is expressed in Table 5 as a 100% discount on all further e-toll transactions in that calendar month.

Table 5: Frequent-user discounts

Percentage discount applicable to e-toll transactions (in terms of paragraphs 5.10 to 5.15)

Threshold value on total e-toll transactions calculated from the tariffs shown in Column 3 of Table 1 for the calendar

month, less time-of-day and any other applicable discountsClass A1 motor

vehiclesClass A2 motor

vehiclesClass B motor

vehiclesClass C motor

vehicles

0% off R 0 up toR 250.00

R 0 up toR 400.00

R 0 up toR 1750.00

R 0 up toR 3500.00

15% offAbove R 400.00

up to R 450.00

100% off Above R 250.00

Above R 450.00

Above R 1750.00

Above R 3500.00

The threshold value for the frequent user discount set out in Table 5, shall be adjusted annually.

Grace-period discount for alternate users

An alternate user who pays within the grace period is entitled to a discount so that after the discount applies the user pays the amount equal to the amount shown in Table 6 below:

Table 6: Grace-period discounts for alternate usersAmount after discount

Conditions for an alternate user to receive discount on alternate user tariff

(Column 1) (Column 2)Tariff set out in Column 3Table 1

If the user is registered with the Agency and has an e-tag but the user does not meet the criteria to be a registered e-tag user at the time of the e-toll transaction.

Tariff set out in Column 5Table 1

If the user is identified by VLN but the user does not meet the criteria to be a registered VLN user at the time of the e-toll transaction.

Time-of-day and frequent user discounts will not apply to alternate users who pay for an e-toll transaction after expiry of the grace period.

Subject to complying with the requirements of the frequent user discounts as contemplated above frequent user discounts will also apply to alternate users with a registered e-tag who pay within the grace period. If the discounts do apply, the discount is calculated based on the standard tariff in Column 2 of Table 1 and deducted from the amount set out in Column 1 of Table 6.Subject to complying with the requirements of the time-of-day discount as contemplated above, time-of-day discounts will also apply to alternate users who pay within the grace period. If the discount does apply, the discount is calculated based on the standard tariff in Column 2 of Table 1 and deducted from the amount set out in Column 1 of Table 6.

Discounts for alternate users after the grace period

An alternate user who uses a GFIP-toll road and fails to pay within the grace period will be granted a discount at the time of the payment of the invoice subject to the provisions of this paragraph. The discount available to the alternate user, the e-toll transactions to which the discount relates and the final date on which the discount is applicable, are -

60% of the tariff set out in Column 6 of Table 1, for all of the e-toll transactions reflected on an invoice but only if payment of the invoice is made by the user to the Agency within 30 days of the date of the invoice; or

30% of the tariff set out in Column 6 of Table 1, for all of the e-toll transactions reflected on an invoice but only if payment of the invoice is made by the user to the Agency after 30 and before 60 days of the date of the invoice.

Payment by a user to the Agency, as contemplated in paragraphs 5.19.1 and 5.19.2 above, must be made subject to the conditions that the Agency may determine and make known.

Once-off discount for alternate users registering an account with the Agency after the grace period

An alternate user who uses the GFIP-toll road for the first time and fails to pay within the grace period but who -

registers with the Agency as an e-tag or VLN user; and

pays the invoice,

within 30 days of the date of that invoice, is entitled to an additional discount so that after all the discounts have been applied, the user pays the amount equal to the amount shown in Column 2 of Table 1 for the class of motor vehicle in question.

Payment by a user to the Agency, must be made subject to the conditions that the Agency may determine and make known.

Adjustment of tariffs and amounts

The tariffs and amounts displayed in this notice may be adjusted by a determination of the Minister annually: Provided that such adjustment shall not exceed the Consumer Price Index calculated for the preceding 12 months.

REFERENCE

GAUTENG FREEWAY IMPROVEMENT PROJECT, TOLL ROADS: PUBLICATION OF TOLLSNo. R. 887 19 November 2013

http://www.compliancetools.co.za/MyActs/Details.aspx?ID=56791


RE Applies to:

The following users of the declared E- toll roads in Gauteng: being roads comprising the Gauteng Freeway Improvement Project, which are N1 sections 20 and 21, N3 section 12, N4 section 1 and N12 sections 18 and 19 (as declared by Government Notice No. 30912 of 28 March 2008); and R21 sections 1 and 2 (as declared by Government Notice No. 31273 of 28 July 2008);Class Motor vehicle type Dimensions of motor vehicle








Impact and Action:

Subject to any exemption that may be granted to a road user (see exemption regulations), tolls shall be levied by the Agency for every e-toll transaction on the GFIP-toll roads and shall be payable by every user of the GFIP-toll roads by not later than the expiry of the grace period, being 7 days from date when etoll fee was incurred.

Users of the GFIP-toll roads are liable to pay toll, for each e-toll transaction, in the amount of the standard tariff or a tariff, which standard tariff or tariff is determined by-

the class of motor vehicle used on the GFIP-toll roads, and the means by which the passage of a motor vehicle beneath a gantry is identified and the liability to pay toll recorded and the

means of payment, including pre- payment of toll liability.

Discounts will be granted to : time-of-day discount; frequent user discount; and grace-period discounts for alternate users,etc.

LINKS

GAUTENG FREEWAY IMPROVEMENT PROJECT, TOLL ROADS: PUBLICATION OF TOLLSNo. R. 887 19 November 2013


THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998 REGULATIONS ON EXEMPTIONS FROM THE PAYMENT OF TOLLS

KEY WORDS

No. R. 741 9 October 2013


IN A NUTSHELL

Take note of the following the regulations:

REGULATIONS ON EXEMPTIONS FROM THE PAYMENT OF TOLLS

A brief low down…..

Definitions

"e-Road Regulations" means the e-Road Regulations made by the Minister under sections 59(1)(dA) and (dC) of the Act;

"exempt emergency vehicle" means a motor vehicle that provides an emergency service and that has been exempted by the Agency, in terms of section 27(1)(c) of the Act, from the liability to pay toll on an e-road or any portion of an e-road;

"exempt public transport vehicle" means a motor vehicle that provides a public transport service and that is exempted by the Agency, in terms of section 27(1)(c) of the Act, from the liability to pay toll on an e-road or any portion of an e-road;

"GFIP toll-roads" means the roads declared for the Gauteng Freeway Improvement Project as specified in the relevant exemptions published by the Agency in relation to that Project;

"National Land Transport Act" means the National Land Transport Act, 2009 (Act No. 5 of 2009); and

"the Act" means the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998).

2. INFORMATION REQUIRED AND PROCEDURES APPLICABLE IN RESPECT OF EXEMPT PUBLIC TRANSPORT VEHICLES

Any person who registers a motor vehicle as an exempt public transport vehicle must provide the Agency-

(a) with the information contemplated in the attached Annexure A by completing such Annexure and submitting the completed Annexure to an e-toll customer service centre together with the required documents and(b) with an undertaking to comply with-(i) the conditions of registration insofar as they apply to exempt public transport vehicles; and(ii) the e-Road Regulations.

The user of an exempt public transport vehicle on an e-road and who uses the exempt public transport vehicle for purposes or in circumstances other than for which the exemption was granted, will be liable to pay toll, as either-

(a) an alternate user; or

(b) if registered with the Agency in accordance with the e-Road Regulations, in accordance with the provisions applicable to such registration.

With regard to registration and the completion of the annexure-

(a) a certified copy of the current motor vehicle licence certificate for each motor vehicle must be submitted with the Annexure or, in the case of registration of more than six exempt public transport vehicles, the vehicle identification number and date of issue of the licence certificate;

(b) in the case of an articulated motor vehicle, a certified copy of the operating licence or permit or other particulars for both the truck-tractor and semi- trailer must be supplied to the Agency; and

(c) travel to a depot or base where the exempt public transport vehicle is kept when not in use must also be indicated (which are called positioning trips) on the map that is attached as a schedule to the Annexure.

The following documents must accompany the Annexure for registration of an exempt public transport vehicle:

(a) A certified copy of the operating licence, licences, permit or permits issued for the motor vehicle in question in terms of the National Land Transport Act or recognized by that Act, or, in the case of registration of more than six exempt public transport vehicles the number, date of issue and expiry date thereof and/or a certified copy of the contract, as defined in the National Land Transport Act, if applicable;

(b) a certified copy of the current vehicle licence certificate for each motor vehicle or, in the case of registration of more than six exempt public transport vehicles, the vehicle identification number and date of issue of the certificate; and

(c) the schedule to the attached Annexure A indicating the routes to be used by the exempt public transport vehicle.

When using an e-road on which an exempt public transport vehicle has been granted an exemption, the person driving or using the exempt public transport vehicle must at all times be in possession of the necessary operating licence or permit as required by section 50(1) of the National Land Transport Act, the original of which or a duplicate original must be available for inspection in the vehicle in terms of regulation 23(b) of the National Land Transport Regulations, 2009 promulgated in terms of the National Land Transport Act.

3. INFORMATION REQUIRED AND PROCEDURES APPLICABLE IN RESPECT OF EXEMPT EMERGENCY VEHICLES

Any person who registers a vehicle as an exempt emergency vehicle must provide the Agency-

(a) with the information contemplated in the attached Annexure A in addition to the documents contemplated in sub-regulation (2) in respect of each vehicle, by completing such Annexure and submitting the completed Annexure to the Agency, together with the vehicle identification number and the date of issue of the current licence certificate for each vehicle; and(b) with an undertaking to comply with the conditions of registration insofar as they apply to exempt emergency vehicles and the e-Road Regulations.

A certified copy of the current vehicle licence certificate for each exempt emergency vehicle must be submitted with the application or, in the case of registration of more than six exempt emergency vehicles, the particulars of each such vehicle.

The user of an exempt emergency vehicle on an e-road and who uses the exempt emergency vehicle for purposes or in circumstances other than for which the exemption was granted, will be liable to pay toll, as either-(a) an alternate user; or(b) if registered with the Agency in accordance with the e-Road Regulations, in accordance with the provisions applicable to such registration.

4. PROCEDURES APPLICABLE TO ALL EXEMPTIONS

Where exemption has been granted by the Agency from the payment of toll on a particular e-road-

(a) the person who registers a vehicle with the Agency will be issued with an e-tag by the Agency for each vehicle, which e-tag will constitute a means of identifying the vehicle in respect of which the exemption has been granted; and(b) a document identifying the person who registered with the Agency, will be issued by the Agency, if so decided by the Agency, which document is neither renewable nor transferable and which must be kept in the vehicle or on the person of the user when using an e-road for which exemption has been granted.

The e-tag issued by the Agency for each exempt vehicle-

(a) must, once issued, be affixed to the vehicle which has been registered with the Agency in the manner specified in the Specification Regulations issued by the Minister in terms of section 58(1)(dB) of the Act; and

(b) must, in order for the vehicle to be exempt from the payment of toll, be affixed to the relevant vehicle or vehicle of the user, as applicable when using an e-road. This requirement shall however not apply to exempt public transport vehicles, prior to such vehicles having been registered with the Agency.

The person who registers the vehicle with the Agency and for which exemption has been granted by the Agency must-

(a) within 14 days of changing his, her or its physical or postal address or any of the particulars supplied to the Agency at the time of registration, notify the Agency of his or her new address or such new particulars;(b) notify the Agency within 24 hours after he, she or it becomes aware of the theft of the motor vehicle;(c) furnish information regarding the exempted motor vehicle which is or may have been at any time in his, her or its possession to any traffic officer or national transport inspector, if requested to do so;(d) notify the Agency of any declaration that the motor vehicle has been declared unfit for use within 24 hours after the motor vehicle has been declared unfit;(e) notify the Agency within 24 hours of the e-tag becoming damaged or stolen or destroyed and re-apply for a new e-tag in terms of the e-Road Regulations; and(f) ensure that the number plates of the motor vehicle that he, she or it is operating are affixed in the manner prescribed in regulation 35 of the National Road Traffic Regulations, 2000 and are clearly visible at all times.

Registration will, be valid for three years from the date of registration of the exempt vehicle and the person who registers the vehicle as an exempt vehicle, must apply to the Agency for renewal of the registration not less than 30 days prior to the registration having lapsed by completing the attached Annexure A and supplying the required particulars and documents to the Agency.

If the exempt emergency vehicle or exempt public transport vehicle registered with the Agency, in terms hereof, is stolen, scrapped, sold or otherwise disposed of, or declared permanently unfit for use, the person who applied for registration of the vehicle must notify the Agency and supply the VLN or by telephoning an e-toll customer service centre, as contemplated in the e-Road Regulations, immediately on becoming aware that it was stolen, scrapped, sold or otherwise disposed of, or declared permanently unfit for use.

The person who applied for registration of the vehicle in respect of which exemption was granted must notify the Agency within 24 hours if a vehicle registered with the Agency changes ownership or if an application is made to transfer the relevant operating licence or permit, or if the operating licence or permit lapses or is cancelled.If the person who applied for registration of the vehicle in respect of which exemption was granted elects to replace a vehicle with another vehicle and the new vehicle would still qualify for the exemption granted by the Agency, then the person who applied for registration of the vehicle must apply for an e-tag for the new vehicle by completing the attached Annexure A and providing a certified copy of the vehicle licence certificate and other information required by the Agency, and the registration will not apply in respect of the new vehicle until the new e-tag issued by the Agency is affixed to the new vehicle in the manner prescribed in the abovementioned Specification Regulations and, in the case of an exempt public transport vehicle, until the required operating licence for the new vehicle has been obtained.

Exemption shall not apply where there has not been compliance with the above requirements and the user of the vehicle shall be liable to pay toll as either-

(a) an alternate user; or

(b) if registered with the Agency in accordance with the e-Road Regulations, in accordance with the provisions applicable to such registration.

Exemption from the payment of toll will lapse where-

(a) the e-tag is used for any purpose other than in connection with the exemption granted to the exempt vehicle;(b) the vehicle which is exempt from the payment of toll enters an e-road for which exemption from the payment of toll has been granted without the e-tag properly affixed to the vehicle: Provided that this requirement shall not apply to exempt public transport vehicles, prior to such vehicles having been registered with the Agency;(c) the person using or driving the vehicle fails to comply with these regulations or the e-Road Regulations;(d) the operating licence or permit, if applicable, on which exemption was granted lapses or is withdrawn or cancelled for any reason;(e) the vehicle for which the exemption is granted is at any time not properly licensed or a valid roadworthy certificate has not been acquired for the vehicle as required by the National Road Traffic Act; or(f) the person using or driving the vehicle tampers with or defaces a number plate on such vehicle in contravention of the National Road Traffic Act.

Where a person is required by any provision contained in these regulations to give notice to the Agency of any occurrence or for purposes of complying with any provision of these regulations, then such notice must be given by one of the methods contemplated in regulation 5(10) of the e-Road Regulations.


These Regulations are called the Regulations on Exemptions from the Payment of Tolls, 2013 and shall come into operation on the date of their publication in the Government Gazette.

REFERENCE




RE Applies to:

Users of the E-toll roads in Gauteng.

Impact and Action:

Take note that to be exempt, one must apply for an exemption by submitting an exemption application.

The following may apply for an exemption:

"exempt emergency vehicle" means a motor vehicle that provides an emergency service and that has been exempted by the Agency, in terms of section 27(1)(c) of the Act, from the liability to pay toll on an e-road or any portion of an e-road;

"exempt public transport vehicle" means a motor vehicle that provides a public transport service and that is exempted by the Agency, in terms of section 27(1)(c) of the Act, from the liability to pay toll on an e-road or any portion of an e-road;

LINKS

E-ROAD REGULATIONS No. R. 739 9 October 2013 EXEMPTIONS FROM THE PAYMENT OF TOLLS No. R. 741 9 October 2013 REGULATIONS ON ADVERTISING ON OR VISIBLE FROM NATIONAL ROADS (GN R 1402)




SPECIFICATION REGULATIONS No. R. 740 9 October 2013


THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998: SPECIFICATION REGULATIONS

KEY WORDS

THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998

SPECIFICATION REGULATIONS

IN A NUTSHELL

Take note of the following regulations: SPECIFICATION REGULATIONS

Definitions

"e-Road Regulations'' means the e-Road Regulations made by the Minister under sections 59(1)(dA) and (dC) of the Act;

"National Road Traffic Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996); and

"the Act" means the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998).

Camera equipment used to identify a motor vehicle

For the purpose of this regulation, type-approved and type-approval means that one example of a specific make and model of camera equipment has been tested in terms of SANS 1795: Road Traffic Law Enforcement Systems, Part 5: Data Capturing and Recording Devices for Road Traffic Law Enforcement by a test laboratory accredited to ISO 17025, by the South African National Accreditation System (SANAS).

The camera equipment to be used to capture a motor vehicle image shall comply with the requirements of the standard specification, SANS 1795: Road Traffic Law Enforcement Systems, Part 5: Data Capturing and Recording Devices for Road Traffic Law Enforcement and shall be type-approved as contemplated above

Method of affixing an e-tag to a vehicle

When affixing an e-tag to a motor vehicle in the case of a motor vehicle with an angled windscreen (Type 1 e-tag), the bracket provided for angled windscreens must be used and the e-tag must be affixed to the windscreen as follows:

The e-tag unit (bracket and e-tag) must be fitted horizontally onto the front windscreen behind the rearview mirror so that when facing the e-tag unit from the inside of the motor vehicle the bracket is on the left-hand side of the e-tag;

the e-tag must be fitted so that it does not obstruct the driver's visibility and sufficient room must be left for the e-tag to slide from its bracket once mounted;

at least seven centimetres of distance must be left between the e-tag and any other objects, such as sun visors;

the surface cleaner provided with the e-tag must be used to clean the portion of the windscreen thoroughly where the e-tag will be mounted before mounting it, and the windscreen must be dry before the bracket is mounted;

before mounting the e-tag, the e-tag must be inserted carefully into the bracket until it clicks;

the adhesive liner must be removed from the back of the bracket before mounting it; and

when mounting the e-tag unit the bracket must be placed carefully in the correct position and pressed firmly onto the windscreen for at least one minute, and the e-tag must not be removed from the bracket for at least 24 hours after the initial mounting.

In the case of a vertical windscreen (Type 1 e-tag), the bracket provided for vertical windscreens must be used and the e-tag must be affixed to the windscreen as follows:

The e-tag unit (bracket and e-tag) must be fitted vertically in the centre of the front windscreen so that when facing the e-tag unit from the inside of the motor vehicle the bracket is at the bottom of the e-tag unit;

the e-tag must be mounted higher than the windscreen wipers on the inside of the windscreen for heavy motor vehicles and behind the rearview mirror for light motor vehicles.

In the case of a motor-cycle the e-tag (Type 2 e-tag) may be fitted by means of the pouch and clamp provided with the e-tag for motor-cycles to either the handle bar or to a metallised part of the motor-cycle in the manner specified above.

If the method is not possible, or the user discovers that the e-tag is not working, the user of the motor cycle must carry the e-tag in a suitable pocket on his or her person so that the e-tag reverse side (the side where slots have been provided for insertion of the motor vehicle bracket) faces the direction of intended travel and the "e" logo on the e-tag faces the user's body or use a method as specified by the Agency.

4. USING THE E-TAG

When fitted to the motor vehicle a functioning e-tag will produce a beeping sound when the motor vehicle passes under a gantry, as follows:

(a) one beep indicates that the transaction was successful;

(b) two beeps indicate that there are insufficient funds on the relevant e-toll account or that funds are running low; and

(c) four beeps indicate that the transaction was not successful and that an e-toll customer service centre must be contacted to remedy the matter if the user wishes to continue to enjoy the discounts applicable to registered or non- registered e-tag users.

Except where the person is hearing impaired or the e-tag is fitted to a motor cycle, the e-tag user must ensure that an audible sound is made by the e-tag every time the motor vehicle passes under a gantry and report an e-tag that does not function to the Agency.

In the case of a person who is hearing impaired and a motor cycle users, the Agency will notify such person about a low balance on the account, which will be communicated by the sending of an electronic mail (e-mail) or text message (SMS) to their chosen e-mail address or cellular telephone number if one is provided.

SHORT TITLE AND COMMENCEMENT

These regulations are called the Specification Regulations, 2013 and come into operation on the date of their publication in the Government Gazette.

REFERENCE


THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998(ACT No. 7 OF 1998):

SPECIFICATION REGULATIONS


RE Applies to E-toll road users.

LINKS

E-ROAD REGULATIONS No. R. 739 9 October 2013 EXEMPTIONS FROM THE PAYMENT OF TOLLS No. R. 741 9 October 2013 REGULATIONS ON ADVERTISING ON OR VISIBLE FROM NATIONAL ROADS (GN R 1402) SPECIFICATION REGULATIONS No. R. 740 9 October 2013





REGULATIONS IN TERMS OF THE NATIONAL ROAD TRAFFIC ACT, 1996

KEY WORDS


IN A NUTSHELL

Take note of the following amendments to the National Road Traffic Regulations published in Government Notice No. R. 225 of 17 March 2000, as amended.


Regulation 284 of the Regulations is amended by the insertion of the following definitions after the definition of emergency vehicle:

" 'e-road' means a toll road declared as a toll road in terms of section 27(1)(a)(i) of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998), where liability to pay toll for use of the road is recorded at a toll plaza exclusively by means of any electrical or electronic device;

'e-tag' means an electronic device that is fitted to a specific motor vehicle as contemplated in the Specification Regulations published in terms of section 58(1)(dB) of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998) to identify that motor vehicle when it passes under a gantry; and

‘e-toll' means toll that is collected by means of an electric or electronic collection system where a motor vehicle is identified by electric or electronic equipment and the liability to pay toll is incurred when the user of the motor vehicle passes through a toll plaza and must arrange to pay toll as determined in terms of section 27 and 58 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998).".

Inserts a definition of an E-toll road, tag and e-road.

Amendment of Schedule 1

Schedule 1 of the Regulations is amended by the –

(a) insertion of the following road sign after sign R132.2

Pay e-toll sign:

R132.2(Logo)

COLOURS:Border and symbol: White retro-reflectiveBackground: Blue retro-reflectiveHigh visibilityBackground: Orange retro-reflectiveIndicates to the driver of a vehicle that he or she is entering an e- road and that he or she shall pay the relevant tolls at the place and in the manner prescribed in terms of section 27 of the South African National Roads AgencyLimited and National Roads Act, 1998 (Act No. 7 of 1998).

(b) insertion of the following road sign after sign R535:

e-Toll Plaza collection ahead sign:

R536(Logo)

COLOURS:As for applicable regulatory signE-toll symbol: Orange retro-reflectiveIndicates to the driver of a vehicle, when displayed below regulatory sign R 132.2 that the specific toll road is an e-road where e-toll is collected.

(c) insertion of the following symbol after symbols GDS-22: not reflected

(Logo) (Logo) (Logo)GDS-31 GDS-32 GDS-33

E-TOLL PLAZA AHEAD E-TAG LANE AT TOLLPLAZA AHEAD

MANUAL LANE AT TOLLPLAZA AHEAD

(d) insertion of the following sign after sign GA8:Exit sequence sign with e-toll plaza information:

GA8A(Logo)

COLOURS:Border and legend: White retro- reflectiveBackground: Blue retro- reflectiveInterchange numbers,

and authority name: Black semi-matt on white retro- reflective

Symbol: Orange retro-reflective

(e) amendment of sign GF1 of the following sign:Freeway advance exit sign:

GF1.1(Logo)GF1.2(Logo)

COLOURS:Border & text: White retro-reflectiveSymbol: White or coloured retro - reflectiveBackground: Brown semi-matt or retro - reflectiveBackground for use Orange retro- on e- road reflectiveInterchange number: Black semi-matt on white retro-reflective

(f) amendment of sign GF2 of the following sign:Advance turn sign: GF2.1

(Logo)GF2.2(Logo)COLOURS:

Border & arrow: White retro-reflectiveLegend: White retro-reflectiveSymbol: White or coloured retro - reflectiveBackground: Brown semi-matt or retro - reflectiveBackground for use on e- road: Orange retro-reflective

(g) insertion of the following sign after sign IN 25:e-Toll tariff board - standard and reduced sign:

(main road) IN25A.1 (hoofpad)

(Logo)

COLOURS:Border: White retro – reflectiveSymbol: White retro - reflectiveBackground: Blue retro- reflective or semi-mattTop stack: Orange retro- reflective (cross road) IN25A.2

(dwarspad)(Logo)

Indicates to the driver of a vehicle what the e-toll fees are for the toll plaza ahead.

(h) insertion of the following signs after sign IN 27:e-Toll Information for payment sign:

IN 28(Logo)

COLOURS:Border: Black retro - reflectiveLegend: Black retro - reflectiveSymbol: Black retro - reflectiveBackground: White retro- reflective or semi-mattTop stack: Orange retro- reflectiveProvides road users with information on the payment of e-toll.

e-Toll collection information sign:

IN 28(Logo)

COLOURS:Border: Black semi-matt and white retro-reflectiveLegend: Black retro-reflective and white retro-reflectiveSymbol: Black semi-mattBackground: White retro-reflective Top stack: White retro-reflectiveProvides information to road users with regard to e-toll collection.

(i) insertion of the following road marking after road marking RM 17:e-Toll road marking:

RM18(Logo)

COLOURS:Legend: White retro - reflectiveBackground: Orange retro- reflectiveIndicates to the driver of a vehicle that he or she is entering an e-road and that he or she shall pay the relevant tolls at the place and in the manner prescribed in terms of section 27 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998).

Short title and implementation

These Regulations are called the Twentieth Amendment to the National Road TrafficRegulations, and shall come into operation on the date of publication in the Gazette.

REFERENCE


NATIONAL ROAD TRAFFIC ACT, 1996



RE

Applies to:

All road users in Gauteng.

Impact and Action:

Defines an E-toll road, tag and the e-toll system and prescribes certain signs indicating e-toll roads and the requirement to pay etc.


KEY WORDS


IN A NUTSHELL

Take note of the amendment to the Regulations under the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998.

CHAPTER 2

Administrative functions

2. Execution of administrative functions of the Agency

Regulation 2 is amended as follows —

a) The administrative functions that arises as a result of the infringement notices to be issued and served to the infringers, representations to be made by the infringers and submitted to the representation officers for consideration, courtesy letters, enforcement orders, warrants, service of notices and other administrative functions concerning the recording of information, reception and dispatch of mail, shall be performed by the Agency.

CHAPTER 5

Manner of payment

14. Payment to Agency

A new sub-regulation (13) under regulation 14 is herewith added as follows —

(13) Payments of penalties and fees in terms of an infringement made at any national, provincial or municipal issuing authority, or at any driving licence testing centre or registering authority under the control of such issuing authority that is not the issuing authority of the original infringement notice or at any driving licence testing centre or registering authority that are not affiliated to any issuing authority; shall —

(i) Upon receiving payment of penalties and fees, calculate and retain the collection fee as determined in terms of paragraph (c)(x) of Schedule 2 on the total amount received in terms of penalties and fees; and

(ii) Deposit the penalties and fees received, less the collection fee, into the AARTO bank account within a period of seven (7) days after the end of the month in which those penalties and fees were collected.

CHAPTER 8

General

A new regulation, 25A is hereby added as follows —

AARTO forms

25A

All AARTO forms as shown in Schedule 1 shall be ordered by issuing authorities from the Government Printing Works.


Chapter 8 regulation 26(1) of the 2008 regulations is herewith amended as follows —

26. (1) These regulations are called the Administrative Adjudication of Road Traffic Offences Amendment Regulations, 2013, and shall, subject to sub-regulation (2)-

a) come into operation on the day of publication in the Government Gazette; and

b) regulation 14(13) shall be applicable retrospectively from 1 July 2008.

Schedules

Categorisation of Offences

Schedule 3 - Categorisation of Offences of the 2008 regulations is herewith amended by replacing the following :

a. against Item Number 1132 a new Charge Code 3391 and Short Charge Wording;

b. against Item Number 1134 a new Charge Code 3392 and Short Charge Wording;

c. against Item Number 1135 a new Charge Code 3393 and Short Charge Wording;

d. against Item Number 1137 a new Charge Code 3394 and Short Charge Wording;

e. against Item Number 1138 a new Charge Code 3395 and Short Charge Wording;

f. against Item Number 1140 a new Charge Code 3396 and Short Charge Wording;

g. against Item Number 1141 a new Charge Code 3397 and Short Charge Wording; and

h. against Item Number 1143 a new Charge Code 3398 and Short Charge Wording; as shown in the table below.

1 2 3 4 5 6 7 8 9 10 11Item Charge Short statutory Short charge wording - reference to Classification of Penalt Demerit Penalty in Discount Penalty Operator charge

Number codereference to National Road Traffic Act, 1996

National Road Traffic Act, 1996offence, major infringement and minor infringement

y pointsRand value : Penalty x R50

in Rand Value

minus discount in Rand Value

i.t.o section 49 of the National Road Traffic Act, 1996

1132 3391 Reg. 242(b)

Operated a combination of vehicles whilst the axle massload of any steeringaxle or the sum of the axle massloads of any steering axle unit was less than 11% of the sum of all axle massloads of such vehicle towitby00-3.9%

I 10 1 500 250 250 49(g)

1134 3392 Reg. 242(b)

Operated a combination of vehicles whilst the axle massload of any steering axle or the sum of the axle massloads of any steering axle unit was less than 11% of the sum of all axle massloads of such vehicle towitby08-10.9%

0 C 6 0 0 0 49(g)

1135 3393 Reg. 242(c)

Vehicle, not as in paragraph (b), with a steering axle unit, whilst the sum of the axle massloads of such steering axle unit was less than 30% of the sum of all axle massloads of such vehical to wit minus 00-9.9%

I 10 1 500 250 250 49(g)

1137 3394 Reg. 242(c)

Vehicle, not as in paragraph (b), with a steering axle unit, whilst the sum of the axle massloads of such steering axle unit was less than 30% of the sum of all axle massloads of such «hide to wit minus 20- 29.9%

0 C 6 0 0 0 49(g)

1138 3395 Reg. 242(d)

Vehicle, not as in paragraphs (a), (b)or(c)of regulation 241, whilst the mass loads of the steering axle was less than 20 % of the sum of all axle mass loads to wit 00-6.9%

I 10 1 500 250 250 49(g)

1140 3396 Reg. 242(d)

Vehicle, not as in paragraphs (a), (b) or (c) of regulation 241, whilst the mass loads of the steering axle was less than 20% of the sum of all axle mass loads to wit 14-19.99%

0 c 6 0 0 0 49(g)

1141 3397 Reg. 242(d)

Operated a tractor whilst the mass loads of the steering axle was less than 12% of the sum of all axle mass loads to wit <10 %

I 10 1 500 250 250 49(g)

1143 3398 Reg. 242(d)

Operated a tractor whilst the mass loads of the steering axle was less than 12% of the sum of all axle mass loads to wit 11.99-11 %

0 c 6 0 0 0 49(g)

Operator demerit points

Schedule 4 - Operator demerit points of the 2008 regulations is hereby repealed and replaced by a new Schedule 4 - Issuing Authority Codes.

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS 2013

SCHEDULE 4

Issuing Authority Codes

All issuing authorities, including —

a) a local authority contemplated in Chapter 7 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable law;

b) a provincial administration; or

c) any other state institution declared by the Minister by regulation to be an issuing authority;

in so far as such authority, administration or state institution is responsible for road traffic, road transport, roads and cross-border road transport matters are allocated issuing authority codes in terms of this schedule in support of the AARTO process.

A list of these codes for national, provincial and local issuing authorities are provided in the tables below.

National Issuing AuthoritiesName of Issuing Authority (IA) IA CodeCross Border Road Transport Agency (CBRTA) 9294National Parks Board (SANParks) 9296Road Traffic Management Corporation (RTMC) 9297South African National Roads Agency Limited (SANRAL) 9295South African Police Service (SAPS) 9121

Gauteng : Provincial and Local Issuing Authorities

Name of Issuing Authority (IA) IA Code

Department of Community Safety 4065

Johannesburg Metropolitan Police Department (JMPD) 4468

Ekurhuleni Metropolitan Police Department (EMPD) 4028

Tshwane Metropolitan Police Department (TMPD) 4003

Emfuleni LM 9129

Kungwini LM 9122

Lesedi LM 9123

Merafong 9290

Midvaal LM 9125

Mogale City LM 9124

Nokeng Tsa Taemane LM 9127

Randfontein LM 9131

Westonaria LM 9130KwaZulu-Natal: Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDepartment of Transport 9063eThekwini Municipality 9075Abaqulusi (Vryheid) LM 9058Dannhauser LM 9090Edumbe (Paulpietersburg) LM 9038Emadlangeni ( Utrecht) LM 9057Emnambithi ( Ladysmith) LM 9041Endondakusuka (Mandeni) LM 9040Endumeni (Dundee/Glencoe) LM 9089Hibiscus Coast (Port Shepstone) LM 9061Hlabisa LM 9081Imbabazane LM 9052Ingwe Municipality ( Bulwer) LM 9091Jozini LM 9044Kokstad LM 9043KwaDukuza (Stanger) LM 9050Kwasani ( Underberg) LM 9082Mbonambi (Mfolozi) LM 9042Mpofana ( Mooi River) LM 9035Msunduzi ( Pmbg) LM 9036Mthonjaneni (Melmoth) LM 9045Mtubatuba LM 9034Newcastle Municipality LM 9032Nongoma LM 9053Nqutu LM 9055Okhahlamba ( Bergville) 9077Pongola 9051Richmond 9047The Big Five False Bay 9080Ubuhlebezwe (Ixopo) 9054Ulundi Municipality 9046Umdoni (Scottburgh, Park Rynie) 9049Umhlabuyalingana 9037Umhlathuze (Richards Bay-Empangeni) 9088Umlalazi (Eshowe) 9086Umngeni (Howick) 9079Umshwati 9059Umtshezi (Estcourt) 9085Umuziwabantu (Harding) 9083Umvoti (Greytown) 9074Umzimkhulu 9056

Western Cape : Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDept of Community Safety 9006Cape Town Traffic 9005Cape Town Metro Police 9005Beaufort-West 9008Bergrivier 9025Bitou 9024Breede Valley 9018Cape Aughulhas 9000Cederberg 9004Drakenstein 9026George 9003Hessequa (Riversdal) 9022Kannaland 9021Knysna 9001Laingsburg 9007Langeberg 9020Matzikama 9016Mosselbay 9028Oudtshoorn 9027Overstrand 9002Prince Albert 9015Saldanhabay 9023Stellenbosch 9030Swartland 9029Swellendam 9019Theewaterskloof 9014Witzenberg 9017Eastern Cape : Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDepartment of Transport 9192Nelson Mandela 9197Amahlathi LM 9181Blue Crane Route LM 9183Buffalo City LM 9210Camdeboo LM 9180Elundini LM 9200Emalahleni (EC) LM 9170Engcobo LM 9211Gariep LM 9205Great Kei LM 9171Ikwezi LM 9176Inkwanca LM 9198Intsika Yethu LM 9208Inxuba Yethemba LM 9209King Sabata Dalindyebo LM 9179Kouga LM 9173Kou-Kamma LM 9172Lukhanji LM 9185Makana LM 9175Malethswai LM 9191Matatiele LM 9199Mbashe LM 9174Mbizana LM 9204Mnquma LM 9206Ndlambe LM 9193Ngqushwa LM 9194Nkonkobe LM 9212Ntabankulu LM 9195Nxuba LM 9202Nyadeni LM 9178Port St Johns LM 9190Quakeni LM 9213Sakhisizwe LM 9207Senque LM 9201Sunday's River Valley LM 9182Umzimvubu LM 9196

Free State : Provincial and Local Issuing Authorities

Name of Issuing Authority (IA) IA CodeDept of Police, Roads and Transport 9112Mangaung 9103Mantsopa 9093Naledi 9107Maluti a Phofung 9094Dihlabeng 9101Setsoto 9117Nketoana 9111Phumelela 9096Mohokare 9100Letsemeng 9105Kopanong 9097Metsimaholo 9099Moqhaka 9104Ngoathe 9102Mafube 9106Matjhabeng 9095Tswelopele 9110Tokologo 9109Nala 9108Masilonyana 9098Mpumalanga : Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDept of Public Works, Roads and Transport 9223Dept Community Safety, Security and Liaison 9298Albert Lethuli 9228Bushbuckridge 9235Dipaliseng 9229Dr Moroka 9219Emakhazeni 9226Emalahleni 9215Govan Mbeki 9225Lekwa 9214Mbombela (mun) 9224Mkhondo 9234Msukaligwa 9231Nkomazi (mun) 9220Prixley Ka Seme 9218Steve Tshwete LM 9233Thaba Tshweu LM 9232Thembisile 9230Umjindi 9227Victor Khanye 9222North West: Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDepartment of Public Safety 9270Ditsobotla LM 9286Kgetleng Rivier LM 9275Madibeng LM 9291Mafikeng LM 9284Mamusa LM 9280Maquassi Hills LM 9274Moses Kotane LM 9285Matlosana LM 9287Naledi (NW) LM 9293Potchefstroom LM 9282Ramotshere Moiloa LM 9281Rustenburg LM 9292Tswaing LM 9288Ventersdorp LM 9276

Limpopo : Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDept of Roads and Public Transport 9240Aganang LM 9260Ba-Phalaborwa LM 9254Bela-Bela LM 9250Blouberg LM 9238

Elias Motsoaledi (Greater Groblersdal) LM 9265Ephraim Mogale (Greater Marble Hall) LM 9249Fetakgomo LM 9239Greater Giyani LM 9263Greater Letaba LM 9257Greater Tubatse LM 9236Greater Tzaneen LM 9264Lepelle-Nkumpi LM 9237Lephalale LM 9261Makhado LM 9259Makhuduthamaga LM 9255Maruleng LM 9266Modimolle LM 9262Mogalakwena LM 9252Molemole LM 9241Mookgophong LM 9256Musina LM 9258Mutale LM 9242Polokwane LM 9253Thabazimbi LM 9243Thulamela LM 9251

Northern Cape : Provincial and Local Issuing AuthoritiesName of Issuing Authority (IA) IA CodeDepartment of Safety and Liaison 9139Emtanjeni 9144Gamagara 9159Gasegonjane 9161Hantam 9149Kai Gariep 9154Kgatelopele 9152Khara Hais 9137Magareng 9136Nama Khoi 9145Pokwane 9155Siyacuma 9153Siyatemba 9160Solplaatje 9147Tsanstebane 9167Ubunto 9135Umsombumwo 9151

REFERENCE





RE Applies to:

All Road Users.

Impact and Action:

Take note of revised points and forms.

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