| (1) |
The owner of a motor vehicle, other than a breakdown vehicle— |
| (a) |
which is a trailer drawn by a tractor and not operated on a public road |
| (b) |
which is a tractor and not operated on a public road; |
| (c) |
which was, in the opinion of the MEC, reconstructed solely for use within the confines of private property, and is so used; |
| (i) |
has been adapted, rebuilt or changed to be used solely for racing purposes as a stock-car, racing car or racing cycle; |
| (ii) |
has been certified by the secretary of the racing club of which the owner of the motor vehicle is a member, as being solely used for racing purposes; |
| (iii) |
has been registered for the purpose of racing; and |
| (iv) |
is not operated on a public road; |
| (e) |
which is a vintage vehicle and which is used solely— |
| (i) |
in any race or sport referred to in regulation 317; |
| (ii) |
in an event organised by a properly constituted motor club; or |
| (iii) |
for exhibition purposes; |
[Regulation 21(1)(e) substituted by regulation 7 of Notice No. R. 404 of 2007]
| (f) |
which is a fire-fighting vehicle; |
[Regulation 21(1)(f) substituted by regulation 9(a) of Notice No. R. 881 of 2004]
| (g) |
which may only be operated on a public road under an exemption in terms of the Act; or |
[Regulation 21(1)(g) substituted by regulation 9(b) of Notice No. R. 881 of 2004]
| (h) |
which is not a tractor, motor home or a caravan and which has not been originally designed or adapted for the conveyance of persons, excluding the driver and, in the case of a motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms, excluding the driver and one passenger, or goods, or both, |
[Regulation 21(1)(h) substituted by regulation 11 of Notice No. R. 846 of 2014]
may apply to the MEC concerned for special classification of the vehicle concerned with respect to motor vehicle license fees by, at his or her appropriate registering authority, making a declaration on form ELF1 to the effect that the vehicle is as contemplated in paragraphs (a), (b), (c), (d), (e), (f) or (g) accompanied by—
| (i) |
the acceptable identification of the owner; and |
| (ii) |
additional information or documents required by the MEC concerned, if any. |
(2)
| (a) |
The MEC shall consider the application and notify the applicant and registering authority concerned accordingly. |
| (b) |
If the application is granted, the registering authority shall issue a certificate of special classification on form ELF3 to the owner and record the particulars of the special classification on the register of motor vehicles. |
| (3) |
The owner shall submit the certificate of special classification upon licensing of the vehicle concerned. |
| (4) |
For the purposes of this regulation, the words "operated on a public road" shall not be construed to include the presence of such motor vehicle on a public road for the purpose of— |
| (a) |
being driven to the premises of the owner in order for the owner to take delivery thereof; |
| (b) |
crossing a public road from the premises of the owner to another over a distance of not more than one kilometre; or |
| (c) |
proceeding to or from a place where repairs are to be or have been effected to such motor vehicle. |
| (5) |
[Regulation 21(5) deleted by regulation 9(d) of Notice No. R. 881 of 2004] |
(6)
| (a) |
The owner of a motor vehicle, other than a motor vehicle conveying persons or goods for reward, who— |
| (i) |
receives a pension in terms of the Military Pensions Act, 1976 (Act No. 84 of 1976); |
| (ii) |
suffers from a pensionable disability which has been determined at not less than 50 percent in terms of that Act; and |
| (iii) |
by reason of such disability requires the use of such motor vehicle to enable him or her to earn his or her livelihood, |
may apply to the MEC on form ELF1 as shown in Schedule 2, to specially classify such motor vehicle, in relation to the payment of motor vehicle licence fees, and such application shall be accompanied by—
| (aa) |
the acceptable identification of the owner; and |
| (bb) |
any additional information or documents as may be required by the MEC concerned. |
| (b) |
On receipt of the application referred to in paragraph (a), the MEC concerned shall— |
| (i) |
consider such application; |
| (ii) |
notify the applicant concerned and the appropriate registering authority accordingly; and |
| (iii) |
if the application is granted, |
| (aa) |
issue a certificate of classification on form ELF 3 as shown in Schedule 2; and |
| (bb) |
record such classification on the register of motor vehicles. |
| (c) |
On receipt of the certificate of special classification referred to in paragraph (b)(iii)(aa), the owner shall submit such certificate to the appropriate registering authority when applying for the licensing of the motor vehicle in terms of regulation 24 or 30. |
| (d) |
This subregulation shall only apply for a period of 12 months from the date of commencement of this regulation, after which date any certificate issued under it, shall be invalid. |
(7)
| (a) |
The MEC may at any time cancel a certificate of special classification issued in terms of this regulation and notify the owner and registering authority concerned accordingly. |
| (b) |
The registering authority shall update the register of motor vehicles upon receipt of a notification contemplated in paragraph (a). |
| (8) |
If a motor vehicle which has been specially classified under this regulation is operated on a public road contrary to the conditions of its classification, such motor vehicle shall no longer be so specially classified and the owner of such motor vehicle shall be liable for the licensing thereof with effect from the date upon which it is so operated. |
| (9) |
A special fee as determined by the MEC of the province concerned shall be payable upon issuance of a motor vehicle licence in respect to a motor vehicle that was specially classified under this regulation. |
[Regulation 21 substituted by regulation 9 of Notice No. 2116 of 2001 with effect from 1 January 2002]
Housing Development Agency Act, 2008
