Question:

I live on a security, gated development which incorporates a golf course. Also, the whole area falls within a nature reserve.

Obviously the paved roads running through the estate are classed as public roads. There is road signage which would appear to be the correct shape ie- hexagonal for Stop and triangular for Warning etc. The colour of these signs are Brown background and White lettering/picture.

Please can you advise if these signs are legal to the NRTA requirements in terms of the colour. Should they not be Red & White for Command & Warning signs etc Also, given we are within a nature reserve could there be some sort of allowance or exemption from the local Reserve Trust or the Western Cape/Cape Town Municipality on the colour of these signs?

Look forward to hearing from you.

Answer:

Yes they are public roads. Section 57 relates. See the green highlighted words for the relevant procedure.

Sec 57.       Authority to display road traffic signs

(1)        The Minister, or any person authorised thereto by him or her, may in respect of any public road cause or permit to be displayed in the prescribed manner such road traffic signs as he or she may deem expedient.

(1A)      The chief executive officer, or any person authorised thereto by him or her, may in respect of any public road cause or permit to be displayed in the prescribed manner such road traffic signs as he or she may deem expedient.

(2)        The MEC concerned, or any person authorised thereto by him or her either generally or specifically, may in respect of any public road not situated within the area of jurisdiction of a local authority, cause or permit to be displayed in the prescribed manner any such road traffic signs as he or she may deem expedient.

(3)       (a)        A local authority, or any person in its employment authorised thereto by it either generally or specifically, may in respect of any public road within the area of jurisdiction of that local authority display or cause to be displayed in the prescribed manner any such road traffic signs as such authority or person may deem expedient.

(b)        A local authority may in writing authorise any other person or body to display or cause to be displayed within its area of jurisdiction and in the prescribed manner any road traffic sign approved by it prior to the display of such sign.

(c)        A local authority referred to in paragraph (b) may determine the conditions for such display and may order the removal of such sign.

(4)        Notwithstanding the provisions of subsections (2) and (3), the MEC concerned, or any person authorised thereto by him or her either generally or specifically, may in respect of any public road referred to in subsection (3) and which is a road constructed or maintained by the Administration of the province concerned, in addition to the road traffic signs referred to in subsection (3), cause or permit to be displayed in the prescribed manner such road traffic signs as he or she may deem expedient, and no local authority may without the consent of that MEC remove or permit to be removed any such road traffic sign.

(5)        In such circumstances and subject to such conditions as the MEC concerned may determine, scholars or students may be organised into patrols (to be known as scholars’ patrols) for the purpose of displaying, in the prescribed manner, an appropriate road traffic sign so as to ensure the safety of scholars or students crossing a public road.

(6)        The MEC concerned may authorise any association or club to display any such road traffic signs as he or she may deem expedient, subject to such conditions as the MEC may determine, on any public road referred to in subsection (2) or (3), and any such association or club may thereupon, in the prescribed manner, display a badge or other token of the association or club in conjunction with any such road traffic sign.

(7)        Transnet Limited, or a person in its employment who has either generally or specifically been authorised thereto, may in respect of any railway level crossing on any public road for which Transnet Limited is responsible, cause or permit to be displayed, in the prescribed manner, any such road traffic signs as Transnet Limited or such person may deem expedient.

(8)        Notwithstanding the provisions of subsections (3) and (7), the MEC concerned may direct that any road traffic sign be displayed or removed by a local authority on or along any public road in the area of jurisdiction of such local authority, or by Transnet Limited on or along any railway level crossing over a public road for which Transnet Limited is responsible, and if the local authority concerned or Transnet Limited fails to comply with the direction, that MEC or any person authorised thereto by him or her may cause such sign to be displayed or removed, as the case may be, and the MEC shall recover the cost of such display or removal from the local authority concerned or from Transnet Limited, as the case may be.

(9)        Any road traffic sign displayed in terms of a repealed ordinance or the Road Traffic Act, 1989 (Act No. 29 of 1989), shall be deemed to be displayed in terms of this Chapter.

(10)      No person shall display any road traffic sign on a public road unless having been authorised thereto by or under this Chapter.

(11)      The MEC concerned or, within the area of jurisdiction of a local authority, that local authority, may by notice in writing direct the owner or occupier of any land on which any road traffic sign or other object resembling a road traffic sign is displayed, or on which any object is displayed which obscures or interferes with the effectiveness of any road traffic sign, to remove such sign or object within the period specified in the notice and, if the owner or occupier concerned fails to comply with the notice, that MEC or local authority, as the case may be, may cause such sign or other object to be removed.

(12)      No person shall wilfully or negligently damage any road traffic sign, or any other sign, signal, marking or other device, displayed in terms of this Chapter, or without proper authority remove it or alter the position thereof or the inscription, lettering, colour or marking thereof or thereon.

 

Regards

Alta

 

Alta Swanepoel and Associates

 

Be Sociable, Share!

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

clear formSubmit