There appears to be a perception among many gated estates that all roads within such an estate are ‘private’. This erroneous belief has led to many estate authorities put up signage and road markings that do not comply with the National Road Traffic Act (NRTA; Act 93, 1996). So, what happens to unlicensed drivers making use of the estate’s ‘private’ roads using an unlicensed car? Any traffic control within an estate is considered by the estate’s authorities to be a private issue dealt with internally. This is incorrect. Read on why.1
What is an estate’s ‘private’ road?1
In terms of the law, these so-called ‘private’ roads in an estate are public roads and thus fall under the NRTA. The bad news is that it is a criminal act not to comply. However, administrators of the Administrative Adjudication of Road Traffic Offences Act, or the AARTO Act, will soon be handling situations such as these in conjunction with their demerit system.
But what about rules put in place? 1
Rules put in place by Homeowners’ Associations or by estate management cannot override the NRTA. This internal control is all very well, but the rule of law still applies to those using the estate’s ‘public’ roads.
What impact will AARTO have on driving? 1
AARTO will change the whole enforcement of traffic laws in future. A gated estate is a type of community development specifically geared to a particular criterion such as golf. The bottom line is that the jurisdiction of the NRTA still applies in gated estates and that the NRTA protects drivers within those estates. The whole issue becomes absurd when an individual has his license suspended because of drunken driving, and who thus may not drive anywhere. He can be dropped off at the estate’s gate, get into his car parked inside the estate, and happily drive off into the estate without any hindrance. And never mind any other cars and children using the estate’s roads at that time.
A public road defined1
In short, a public road is a road to which the public have access. This includes the verge of the road, street, and a bridge, amongst others. Thus, all roads used by the public are public roads, even if you need to get special permission to use those roads. The issue is that these estate roads are not only used by ‘private’ residents but also by service providers such as Telkom, Eskom, delivery companies, building contractors, and so the list goes on. The confusion comes in because some gated estate committees believe that roads are ‘private’ because there is restricted access to those roads. Controlled access is there mainly for security purposes.
Are there any exceptions? 1
Yes, the private driveway of a homeowner on the estate may be classified as a ‘private’ road. But this does not apply to a section of road that is used by the public in, for instance, cluster developments.
This information drastically changes everything. In other words, someone crashing into another vehicle on the estate will be treated by the law in the same way as if it happened in the middle of town. Is your car sufficiently covered should you crash? Are you looking for affordable car insurance? Get affordable car insurance with exceptional benefits like fixed premiums* and a reduce to zero excess* with PMD. T’s and C’s apply.
Source:
1https://www.arrivealive.co.za/Rules-of-the-Road-and-Road-Safety-within-Gated-Estates
This article was prepared by Eric Sandmann in his personal capacity. The views and opinions expressed in this article are the author’s own. The views and opinions in the article should not be attributed to anyone but the author unless expressly stated. Nothing in this article should be relied upon as advice, this publication is presented for informational purposes only. No person should act or refrain from acting in reliance on any information found in this article, without first obtaining proper financial advice from the appropriate professional. The author makes no claims, promises or guarantees about the accuracy, or completeness, of any information linked from, referred to, or contained in this article. The author reserves the right, to edit and change the content of this article.