Question: Morning, We have just received a fine for a worker which was sitting on top of bags of mieles on our bakkie. We took photos to demonstrate that the person was indeed secure and no body parts were visible outside the vehicle.
The bags was also secured and no whatsoever danger was put to the passenger.
What is the latest rule in the Gauteng area? This happened on the Moloto road.
Answer:
Regulation 247 of the National Road Traffic Act deals with the conveyance of persons on goods vehicles.
In your case, unless the sides of the vehicle were HIGHER than 350mm (35cm) from the place where your worker was seated, you were contravening this provision.
In any event, we are firmly opposed to anyone being conveyed on the back of bakkies, whether the regulation is complied with or not since in the event of a crash of any description, those on the back of bakkies are almost always ejected and suffer grave injury or death.
247. Circumstances under which persons may be carried on goods vehicle No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of—
(a) at least 350 millimetres above the surface upon which such person is seated; or
(b) at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion.
Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.
[R. 247 amended by the deletion of the proviso by r.2, GNR.761 w.e.f. 31 July 2001, proviso clause inserted by r.
38, GNR.404 w.e.f. 4 May 2007 .]
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC) Association Not For Gain