Question:
We own a drilling company and the Drilling machine is on a truck which is registered at the Department as a special vehicle, self-propelled! Does our driver need a PRDP to drive this vehicle? We were told according to Act he does not need on as the vehicle is registered as a special vehicle. Is this correct and could you help me with which act states this?
Answer:
The driver does not need a PRDP if the vehicle falls within the requirements of reg 21(1) or (5)
Reg 115. Certain drivers of certain vehicles to hold professional driving permit
(1) Subject to the provisions of subregulation (2), a professional driving permit shall be held by the driver of—
(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
(b) a breakdown vehicle;
(c) a bus;
(d) a minibus—
(i) the gross vehicle mass of which exceeds 3 500 kilograms; or
(ii) which is designed or adapted for the conveyance of 12 or more persons, including the driver;
(e) a motor vehicle used for the conveyance of persons for reward or is operated in terms of an operating licence issued in accordance with the provisions of the NLTTA.
(f) a motor vehicle the gross vehicle mass of which exceeds 3 500 kilograms to which regulations 273 to 283 apply as contemplated in regulation 274;
(g) a motor vehicle conveying 12 or more persons including the driver.
(2) The provisions of subregulation (1) does not apply—
(a) to a traffic officer, examiner of vehicles or examiner for driving licences in the performance of his or her duties as contemplated in section 3I, 3G and 3H of the Act, respectively;
(b) to a person driving a hearse;
(c) to a person driving a motor vehicle referred to in regulation 21(1) or 21(5);
(d) subject to regulation 99(2), to a person driving a motor vehicle for which he or she holds a valid learner’s licence with the code prescribed for that vehicle in terms of regulation 99(1), while being accompanied by a person holding a valid professional driving permit which authorises him or her to drive that vehicle;
(e) to a person driving a tractor.
Reg 21. Special classification of motor vehicle in relation to motor vehicle licence fees
(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;
(d) which-
(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;
(f) which is a fire-fighting vehicle;
(g) which may only be operated on a public road under an exemption in terms of the Act, or
(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;
may apply to the MEC concerned for special classification of the vehicle concerned with respect to motor vehicle licence 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) ….. (deleted)
(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.
Regards
Alta
Alta Swanepoel and Associates CC