Superior Courts Act, 2013
R 385
Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)Chapter I : Interpretation of Act1. Definitions |
In this Act, unless the context otherwise indicates—
"acceptable identification"
means—
| (a) | a temporary identity certificate or an identity document issued in terms of the Identification Act, 1986 (Act No. 72 of 1986); |
| (b) | a passport issued in terms of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994); |
| (c) | in the case of a person not permanently resident in the Republic, an identity document issued by a foreign country or a traffic register number certificate; |
| (d) | in the case of— |
| (i) | a company, a certificate of incorporation or name change issued in terms of the Companies Act, 2008 (Act No. 71 of 2008); or |
[Paragraph (d)(i) substituted by section 1(a) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (ii) | a close corporation, a founding statement or a certificate of name change issued in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984); |
| (dA) | a driving licence card issued in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996); |
[Paragraph (dA) substituted by section 1(a) of Act No. 72 of 2002]
| (e) | a traffic register number certificate issued in terms of any national or provincial Road Traffic Act, in the case of – |
| (i) | a person carrying on a business which, for the purpose of this definition, includes farming activities; or |
| (ii) | a body of persons not referred to in paragraph (c); or |
| (f) | a photocopy of the applicable certificate or document referred to in paragraphs (a) to (e); |
"Agency"’
[Definition deleted by section 1(b) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"authorised officer"
means—
| (a) | a traffic officer or a traffic warden appointed in terms of the laws of any province; |
| (b) | a member of the service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); |
| (c) | a national road transport inspector appointed in terms of section 37(1) of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998), or any duly appointed provincial road transport inspector; or |
| (d) | a municipal police officer appointed under any law; |
"Authority"
means the Road Traffic Infringement Authority, established in terms of section 3;
[Definition inserted by section 1(c) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"Board"
means the Road Traffic Infringement Authority Board, established by section 6;
"courtesy letter"
means a courtesy letter contemplated in section 19;
"date of service"
means the date on which an infringer has received the relevant document served on him or her under section 30;
[Definition substituted by section 1(d) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"demerit points’"
means demerit points contemplated in section 24;
"Director-General"
means the Director-General of the national Department of Transport;
"disqualification period"
means the period contemplated in section 25 during which a person is disqualified from driving or operating a motor vehicle or applying for a learner’s licence, driving licence, professional driving permit or operator card;
"electronic service"
means service by electronic communication as defined in the Electronic Communications Act, 2005 (Act No. 36 of 2005), and as contemplated in section 19(4) of the Electronic Communication and Transactions Act, 2002 (Act No. 25 of 2002);
[Definition inserted by section 1(e) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"enforcement order"
means an enforcement order contemplated in section 20;
"habitual infringer"
means an infringer, operator or a juristic person who, in terms of section 25, incurs demerit points resulting in a disqualification more than two times;
[Definition inserted by section 1(f) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"infringement"
means any act or omission in contravention of this Act and any road traffic legislation or transport legislation;
[Definition substituted by section 1(g) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"infringement notice"
means an infringement notice contemplated in section 17;
"infringer"
means a person who has allegedly committed an infringement;
"issuing authority"
means—
| (a) | local authority contemplated in Chapter 7 of the Constitution of the Republic of South Africa, 1996, the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable law; |
| (b) | a provincial administration; |
| (c) | the Road Traffic Management Corporation, established under section 4 of the Road Traffic Management Corporation Act, 1999; or |
| (d) | 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 and road transport matters;
[Definition substituted by section 1(h) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"major infringement"
[Definition deleted by section 1(i) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"MEC"
means a member of an Executive Council of a province appointed in terms of section 132 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and who is responsible for road traffic matters;
"Minister"
means the Minister of Transport;
"minor infringement"
[Definition deleted by section 1(j) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"National Road Traffic Offences Register"
means the National Road Traffic Offences Register administered by the Authority in which the details of infringements and offences of every infringer are recorded;
[Definition inserted by section 1(l) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"national contraventions register"
[Definition deleted by section 1(k) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"offence"
means an offence prescribed under section 29(a);
"penalty"
means the administrative penalty payable for an infringement as contemplated in section 31;
"prescribed"
means prescribed by regulation by the Minister under section 34;
"representations officer"
means a person appointed in terms of section 10 to adjudicate on representations contemplated in section 18;
[Definition substituted by section 1(m) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"sheriff"
[Definition deleted by section 1(n) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
"this Act"
includes any regulation made in terms of section 34; and
"Tribunal"
means the Appeals Tribunal established by section 29A;
[Definition inserted by section 1(o) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
