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Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)

Notices

National Road Traffic Law Enforcement Code (NRTLEC)

Terminology

 

"Act"

means the Road Traffic Management Corporation Act, 1999, (Act 20 of 1999);

 

"Appointment date"

means the date of appointment of an employee by a traffic law enforcement authority;

 

"Chief of Traffic"

means the person appointed by the Corporation as the chief of traffic;

 

"Head of Traffic"

means the person appointed by a Provincial Traffic Authority or Local Traffic Authority, and Head of Traffic has a similar meaning;

 

"Civilian"

means an employee who is not appointed as a traffic officer or peace officer in terms of any Act, whether part- or full-time;

 

"Discretion"

means power of free decision, or latitude of choice within certain legal bounds;

 

"Enforcement action"

means a road traffic law enforcement action against any person alleged to have violated any road traffic legislation;

 

"Evidence custodian"

means an employee designated by a traffic law enforcement authority to administer the evidence found and recovered, including the evidence storage facilities, and to monitor and provide functional supervision over the evidence program;

 

"Joint operations"

means a written request for assistance for law enforcement services;

 

"Lawful instruction"

means any direction, guidance, assistance or command that is not unlawful, given by a senior officer to a subordinate, whether given verbally or in writing;

 

"NRCS"

means the National Road Accident Statistics;

 

"Operational plan"

means a plan developed and implemented by a traffic law enforcement authority in support of tactical plans by first line supervisors and operational staff and focuses mainly on specific output and activities over a short period of time, usually less than one month;

 

"Pacing"

means the positioning of a law enforcement vehicle at a stable, fixed distance behind a speeding vehicle at a constant speed to monitor its speed and the driver’s conduct;

 

"Policy"

means a broad statement of departmental principles;

 

"Points"

means the weight allocated to different law enforcement activities, based on the nature of the duty, time spent, resources required, special skills and risks involved;

 

"Procedure"

means a guideline for carrying out road traffic law enforcement services and standard operating procedure has a similar meaning;

 

"Pursuit"

means the operation or use of a patrol vehicle in an emergency mode to pursue a violator who wilfully or knowingly uses illegal or evasive driving tactics to avoid detection, apprehension or arrest;

 

"Road traffic safety management"

means a collective or a group of road traffic safety divisions, sections or units such as:—

• Road Traffic Licensing and Administration;

• Road Traffic Safety Law Enforcement;

• Road Traffic Safety Engineering;

• Road Traffic Safety Training;

• Road Traffic Safety Information;

• Road Traffic Safety Accident Investigation;

• Road Traffic Safety Incident Response; or

• Road Traffic Safety Research and Development;

 

"Road traffic safety practitioners"

means: –

• Road traffic law enforcement officers,

• Road traffic safety educators,

• Road traffic safety engineers;

• Road traffic accident investigators;

• Examiners of vehicles;

• Examiners for driving licences;

 

"Road traffic safety fraternity"

means all structures, institutions (private or public), disciplines, elements and variables found in the different environments both formal and informal that have relevance to the profession or study of road traffic safety;

 

"Road traffic law enforcement fraternity"

means all traffic officers and traffic wardens appointed to execute or enforce traffic legislation;

 

"Roadside check point"

(RCP) means any method, restriction or obstruction utilised or intended to prevent free passage of motor vehicles on a roadway in order to detect any offence committed in terms of national road traffic legislation, to prosecute or to apprehend any person who has committed an offence in terms of national road traffic legislation, or to execute an arrest in terms of the powers conferred on a traffic law enforcement officer in terms of the Criminal Procedure Act 1977, (Act No. 51 of 1977) as amended);

 

"SABS"

means the South African Bureau of Standards;

 

"Shareholders Committee"

means the Shareholders Committee established in terms of Section 6 of the Road Traffic Management Corporation Act, 1999;

 

"Standard operating procedure"

(SOP) means a set of instructions clearly setting out the requisite steps that must be followed by traffic law enforcement authorities and practitioners to minimise miscommunication and achieve efficacy and efficiency in the manner in which they execute their official duties, and "procedures" has a similar meaning;

 

"Strategic plan"

means a three to five-year plan developed at a senior management level for a traffic law enforcement authority, contains the authority’s direction, vision, mission and long-term goals as well as expected outcomes and sets a framework for lower-level planning and the allocation of resources;

 

"Supervisor"

means any employee assigned to a position having a day-to-day responsibility for the management and oversight of subordinates;

 

"Targets"

mean a desired state of affairs or specific outcomes to be achieved within a predetermined timeframe by a traffic law enforcement agency;

 

"Tactical plan"

means a one-year plan that is developed in support of a traffic law enforcement authority’s strategic plan by providing specific objectives and concomitant activities for each division and describes the responsibilities and functions of sections and units;

 

"Traffic law enforcement authority"

means an institution, department or law enforcement component established in terms of the Road Traffic Act, 1996 (Act 93 of 1996), the Road Traffic Management Corporation Act, 1999, (Act 20 of 1999) or any other applicable legislation, for the purpose of controlling traffic and traffic law enforcement "agency" has a similar meaning;

 

"Traffic officer"

means an officer appointed in terms of section 3A of the National Road Traffic Act, 1996 (Act No. 93 of 1996) and any member of a municipal police service, both as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995).