Question:
Please advise we are a company that details and modify vehicles, is there a license we require to operate.
Answer:
Yes if you modify vehicles you must register as a builder with the provincial government.
See sections 5 of the National Road traffic Act.
Please see the definitions for builder and modify.
Regulations 39 to 44 also apply .
“builder” means any person who manufactures or assembles motor vehicles in whole or in part from used components, or modifies motor vehicles using new or used components;
“modify” means
(a) fitting a bus body or goods body to any chassis;
(b) altering the number of passenger seats on a motor vehicle or altering the dimension of a motor vehicle;
(c) altering the wheelbase of a motor vehicle, unless the motor vehicle is designed to enable the wheelbase to be altered;
(d) altering the axle or axle-unit position or number of axles;
(e) altering a motor vehicle in such a manner that the tare of such motor vehicle changes;
Sec 5. Registration of manufacturers, builders, importers and manufacturers of number plates
(1) The prescribed manufacturers, builders or importers, and every manufacturer of number plates shall apply in the prescribed manner to the chief executive officer for registration as a manufacturer, builder, importer or manufacturer of number plates.
(2) If the chief executive officer is satisfied that an applicant referred to in subsection (1) complies with the qualifications for competency as prescribed for the specific category in respect of which application is made, he or she shall register such applicant on the conditions and in the manner prescribed.
(3) The chief executive officer may, in the prescribed manner, alter the conditions referred to in subsection (2).
(4) The chief executive officer may, in the prescribed manner, suspend for such period as he or she may deem fit, or cancel, the registration of a manufacturer, builder, importer or manufacturer of number plates.
(5) The manufacturers, builders or importers referred to in subsection (1) shall, in the prescribed manner, register every motor vehicle manufactured, built or imported by him or her, before he or she distributes or sells such vehicle.
(6) Manufacturers, builders and importers shall not manufacture, build, modify, import, sell or distribute motor vehicles except in accordance with the prescribed conditions.
(7) A manufacturer of number plates shall not manufacture, sell or distribute number plates unless he or she is registered as a manufacturer of number plates.
Sec 6. Right of appeal to Shareholders Committee
(1) Any person who is aggrieved at the refusal of the chief executive officer to register him or her as a manufacturer, builder, importer or manufacturer of number plates or at the suspension or cancellation of his or her registration as a manufacturer, builder, importer or manufacturer of number plates or at the conditions on which he or she is so registered may, within 21 days after such refusal, suspension or cancellation, or notification of the conditions on which he or she is so registered, in writing appeal to the Shareholders Committee against such refusal, suspension, cancellation or conditions, and such person shall at the same time serve a copy of the appeal on the chief executive officer.
(2) After receipt of the copy of the appeal referred to in subsection (1), the chief executive officer shall forthwith furnish the Shareholders Committee with his or her reasons for the refusal, suspension, cancellation or conditions to which such appeal refers.
(3) The Shareholders Committee may after considering the appeal give such decision as it may deem fit.
Sec 7. Appointment of inspectorate of manufacturers, builders and importers
(1) The Minister may appoint a person, an authority or a body as an inspectorate of manufacturers, builders and importers.
(2) The powers and duties of the inspectorate contemplated in subsection (1) in relation to the registration and inspection of manufacturers, builders and importers shall be as prescribed.
(3) The Minister may, in order to defray the expenditure incurred by or on behalf of that inspectorate for the purposes of performing its functions, prescribe fees to be paid in respect of inspections carried out by it in terms of this Act.
Registration of manufacturers, builders, importers and manufacturers of Number plates
Reg 38. Certain manufacturers, builders and importers to register
Any manufacturer, builder or importer who manufactures, builds, modifies or imports motor vehicles for the purpose of his or her business of selling motor vehicles or modifications of motor vehicles, shall register as a manufacturer, builder or importer.
Reg 39. Manner of application for registration as manufacturer, builder or importer
(1) An application for registration as a manufacturer, builder or importer in terms of section 5 of the Act shall be made on form MIB as shown in Schedule 2.
(2) An application referred to in subregulation (1) shall be accompanied by—
(a) the acceptable identification of the applicant and, if such applicant is a body of persons, that of its proxy and representative and a letter of proxy;
(b) the appropriate fees as determined by the MEC of the province concerned;
(bA) proof of value added tax registration with the South African Revenue Services;
(c) in the case of an importer of motor vehicles, the Customs Code Number of the applicant as issued by the South African Revenue Service in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964); and
(d) any other additional information or documents as may be required by the chief executive officer.
Reg 40. Manner of registration of manufacturer, builder or importer
(1) On receipt of an application for registration as manufacturer, builder or importer, the chief executive officer shall—
(a) ensure that such application is in order;
(b) require the inspectorate of manufacturers, builders and importers to—
(i) evaluate the applicant in respect of compliance of the vehicles manufactured, built, modified or imported by such applicant with the relevant legislation, standards, specifications and codes of practice applicable in respect of motor vehicles in force in the Republic; and
(ii) submit a recommendation in respect of the registration of the applicant;
(c) require the designated officer of the South African Police Service as appointed by the Vehicle Identification Section and Safeguarding Unit to submit a report, in respect of the applicant, and such report may contain any prior convictions recorded against the applicant and the nature of such convictions, and any such official is hereby authorised to report accordingly; and
(d) with due regard to the evaluation and recommendations of the inspectorate of manufacturers, builders and importers and the South African Police Service, satisfy himself or herself that the applicant is suitable to be registered.
(2) If the chief executive officer is satisfied that the applicant may be registered as a manufacturer, builder or importer, he or she shall—
(a) register the applicant subject to any or all of the conditions as are prescribed in regulation 41 and, if he or she deems fit, such conditions as are determined by him or her;
(b) record the particulars pertaining to such applicant on the register of manufacturers, builders and importers; and
(c) issue to such applicant a certificate of registration on form MCR as shown in Schedule 2, which shall reflect the conditions referred to in paragraph (a).
(3) If the chief executive officer is not satisfied that the applicant may be registered as a manufacturer, builder or importer, he or she shall notify such applicant accordingly.
(4) A registered manufacturer, builder or importer of motor vehicles shall, at any time, be subject to an evaluation by the inspectorate of manufacturers, builders and importers.
Reg 41. Conditions for registration of manufacturer, builder or importer
The chief executive officer—
(a) shall require as a condition of registration that—
(i) notice be given by the manufacturer, builder and importer concerned on form NVM as shown in Schedule 2 to the inspectorate of manufacturers, builders or importers of all models of motor vehicles being manufactured, built, modified or imported;
(ii) a model number referred to in regulation 44(1)(f) be obtained and held by manufacturers, builders or importers for each model of a motor vehicle being manufactured, built, modified or imported; and
(iii) a certification of roadworthiness be obtained for every motor vehicle of such model as specified from time to time by the inspectorate of manufacturers, builders and importers in terms of regulation 44(1)(dA);
(b) may require as a condition of registration —
(i) that a motor vehicle manufactured, built, modified or imported by a manufacturer, builder or importer, shall be presented to the South African Police Service for clearance of such motor vehicle before the sale or distribution thereof;
(ii) that a certification of roadworthiness be obtained for every motor vehicle of such model as specified by the inspectorate of manufacturers, builders and importers in the recommendation contemplated in regulation 40 (1) (b) (ii) or in regulation 44 (1) (e) before a licence disc on form MVL1, MVL1-RW, LCO or LCTO as shown in Schedule 2 may be issued in respect of such motor vehicle by a registering authority;
(iii) that a letter of authority as referred to in regulation 43 and a certification of roadworthiness be obtained for every motor vehicle of such model as specified by the inspectorate of manufacturers, builders and importers in the recommendation contemplated in regulation 40 (1) (b) (ii) or in regulation 44 (1) (e) before a licence disc on form MVL1, MVL1-RW, LCO or LCTO as shown in Schedule 2 may be issued in respect of such motor vehicle by a registering authority; or
(iv) that the conditions referred to in items (i) and (ii) or in items (i) and (iii) be complied with.
Reg 42. Manner of suspension or cancellation of registration of manufacturer, builder or importer
(1) If the chief executive officer intends to suspend or cancel the registration of a manufacturer, builder or importer in terms of section 5(4) of the Act he or she shall notify such manufacturer, builder or importer of such intention and the reason therefor.
(2) The manufacturer, builder or importer referred to in subregulation (1), may, within 21 days after receipt of the notification referred to in that subregulation, make a written representation to the chief executive officer.
(3) The chief executive officer shall after due consideration of any representation made in terms of subregulation (2), if any—
(a) cancel the registration of the manufacturer, builder or importer concerned, or suspend such registration for such period as he or she may deem fit; or
(b) not cancel or suspend the registration of the manufacturer, builder or importer concerned,
and notify the manufacturer, builder or importer accordingly.
(4) The manufacturer, builder or importer, of which the registration has been cancelled, shall within 14 days after having been notified of such cancellation, submit to the chief executive officer the certificate of registration.
Reg 43. Manufacturers, builders or importers not required to register must comply with conditions
(1) Any manufacturer, any builder who modifies motor vehicles, or any importer, who is not required to be registered in terms of these regulations, shall apply to the inspectorate of manufacturers, builders and importers for a letter of authority on form ALA as shown in Schedule 2, in respect of every motor vehicle or every motor vehicle modification, except in respect of a trailer with a gross vehicle mass not exceeding 750 kilograms or a motor vehicle referred to in regulation 21(1) (c), (d), (e), (f), (g) or (h).
(2) Notwithstanding anything to the contrary contained in these regulations, a motor vehicle contemplated in subregulation (1), shall not be registered unless such manufacturer, builder or importer holds a letter of authority for such motor vehicle.
(3) Any motor vehicle manufactured, modified or imported by a manufacturer, builder or importer referred to in subregulation (1) shall be presented to the South African Police Service for clearance of such motor vehicle and a certification of roadworthiness shall be obtained for every such a motor vehicle prior to registration.
Reg 44. Powers and duties of inspectorate of manufacturers, builders and importers
(1) The inspectorate of manufacturers, builders and importers—
(a) shall in terms of regulation 40 (1) (b), evaluate a manufacturer, builder or importer and make a recommendation to the chief executive officer regarding—
(i) the suitability of such manufacturer, builder or importer to be registered; and
(ii) the conditions upon which such manufacturer, builder or importer should be registered;
(b) shall, in respect of every registered manufacturer, builder or importer conduct at least one inspection per year to evaluate the compliance by such manufacturer, builder or importer with the relevant legislation, standards, specifications and codes of practice;
(c) may advise any registered manufacturer, builder or importer in writing on the improvement and maintenance of standards applied by the manufacturer, builder or importer concerned and submit a copy of such written advice to the chief executive officer;
(d) may advise any manufacturer, builder or importer in writing on the improvement of any motor vehicle design or any design of a motor vehicle modification being manufactured, modified or imported;
(dA) may specify in writing a model of motor vehicles manufactured, built or imported by a registered manufacturer, builder or importer, in respect to which a certification of roadworthiness must be obtained for every motor vehicle of that model, and shall submit a copy of such written specification to the chief executive officer;
(dB) if a motor vehicle design, a design of a motor vehicle modification or an imported motor vehicle, being manufactured, modified or imported by a manufacturer, builder or importer, who is not required to be registered in terms of these regulations, comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic, shall issue a letter of authority in respect of such design or imported;
(dC ) notwithstanding the provisions of paragraph (dB) no new body may be built or modified on a minibus, midibus or bus, operating in terms of an operating licence issued in accordance with the provisions of the NLTTA by an unregistered body builder or importer;
(e) shall, when necessary, recommend to the chief executive officer the suspension, cancellation or change in conditions of the registration of a manufacturer, builder or importer;
( f ) if models of motor vehicles being manufactured, built, modified or imported by registered manufacturers, builders and importers com-ply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic, shall issue such models of motor vehicles with a model number;
(fA) shall, subject to subregulation (a), issue to a registered body builder, a model number for a completely new minibus, midibus or bus provided with a new body on a new chassis or chassis cab, or a modified body on a new chassis or chassis cab, or an imported new minibus, midibus or bus;
(fB) shall subject to the provisions of this regulation issue a certificate of compliance to any minibus or midibus registered on or before the enactment of this regulations, complying with the provisions of this Act and operating in terms of an operating licence, issued in accordance with the provisions of the NLTTA;
Provided that notwithstanding the exclusion contained in the Compulsory Specification for Motor vehicles of Category M2 and M3, no minibus and midibus first registered on or after 1 January 2006 operating in terms of an operating license issued in accordance with the provisions of the NLTTA shall be issued with a model number and a certificate of compliance, unless it complies with the superstructure requirement contemplated in SANS 1563 ” The strength of large passenger vehicle superstructures (roll-over bars).
(g) may suspend or cancel the model number of models of motor vehicles in the event of such models not continuing to comply with the relevant legislation, standards, specifications and codes of practice for motor vehicles in force in the Republic.
Reg 44(1)(h): Amendment published 31 October 2014 (Not in force)
(h) may, for the purpose of the registration of vehicles that are exempt from registration in terms of regulation 5, issue such models of motor vehicles with a pre-homologated model number.
- W.e.f. a date to be determined by the Minister by Notice in the Gazette.
(2) A person employed by, or who acts on behalf of, the inspectorate of manufacturers, builders or importers, may at any reasonable time—
(a) for the purposes of evaluating a manufacturer, builder or importer and making a recommendation as contemplated in regulation 40(1)(b)(i), inspect, examine or test any motor vehicle which is being manufactured, built, modified or imported by such manufacturer, builder or importer; and
(b) without prior notice—
(i) enter the premises of any manufacturer, builder or importer;
(ii) inspect any records of such manufacturer, builder or importer; or
(iii) question any person with regard to any matter relating to the operation of such manufacturer, builder or importer.
Regards
Alta
Also view:
Vehicle Modifications, Alterations and Road Safety