Question:
Could you please advise me if you require a PRDP to drive a game viewing vehicle that can transport 15 if it at a reserve that has paying customers?
Answers:
If the road is seen as a public road, a PRDP is required.
Section 69 and the definition of a public road are relevant in deciding if the road is a public road. Note that the ownership of the road is not relevant but the use of the road determines if it is a public road.
“public road” means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes—
(a) the verge of any such road, street or thoroughfare;
(b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and
(c) any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;
Sec 69. Presumptions regarding public road, freeway and public road in urban area
(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.
Regards
Alta
Alta Swanepoel and Associates CC
1266 Starkey avenue
Also view:
Guide to Safe Driving on Safari / Driving in the Nature Reserve