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We often receive questions pertaining to traffic enforcement within large estates and gated communities. We would like to share one of thes requests for assistance:

Question:

“We have a large site at the CSIR and a general speed limit of 40km an hour due to fauna that we have on site (buck; dassies; rabbits etc). We are wondering how to enforce these speed limits and are there regulations I could use for private property traffic management.

I would appreciate your assistance in this regards”

Answer:

All the roads within the CSIR are public roads and the traffic department must do the law enforcement.

Sec 69 creates a presumption that all roads are public roads and private ownership of the roads does not make the road private for road traffic act purposes. If a part of the public has right of access or is commonly used by the public, it is considered public.

The National Road Traffic Act Stipulates:

Presumptions regarding public road, freeway and public road in urban area

69. (1) Where in any prosecution in terms of this Act it is alleged that an
offence was committed on a public road, the road concerned shall, in the
absence of evidence to the contrary, be presumed to be a public road.

(2) Where in any prosecution in terms of this Act it is alleged that an
offence was committed on a freeway, the road concerned shall, in the absence of
evidence to the contrary, be deemed to be a freeway.

(3) Where in any prosecution in terms of this Act it is alleged that an
offence was committed on a public road in an urban area, the road concerned
shall, in the absence of evidence to the contrary, be presumed to be a public
road in an urban area.

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2 thoughts on “What does the law say about private property traffic management

  1. James Schnellen

    Is a road in a sectional title complex,not maintained by a municipality and only used by residents of the complex and others such as visitors,delivery vehicles,various contractors,etc.,tobe considered a public road for traffic management purposes?

  2. Marina

    Please could someone clarify the question regarding roads within a sectional title complex, as asked by James Schnellen above. I have the same query. We currently have speeding issues in our complex. Speed limits are well sign-posted and residents and visitors still speed regardless. The trapping of residents without traffic department assistance will be costly and the body corporate are not sure about how this will be seen in legal terms.
    How does the traffic department handle sppeding in large gated complexes? As far as I am concerned if the public (those living in the estate) are at risk the traffic department should be concerned in enforcing the law, especially considering the Body corporate and Home Owners Assosication are happy to give traffic officials access to do so.
    Please could someone in the know advise?

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