Many of us grew up rather envious of a niece or nephew able of driving a vehicle much earlier than we were! They were usually the farm kids who have been driving a bakkie or tractor on a farm long before they were licensed drivers and able to legally drive on a public road! But is this safe and what would the impact be on the car insurance policy of the vehicle owner?
To answer this question we need to consider the difference between a farm road and a public road.
Question:
We have a client whose son drove a vehicle on a farm road. When we requested the client to provide proof that the son has a driver’s license the indicated that by law the son is not required to have a driver’s license as it happened on a farm road.
Answer:
It depends on what kind of farm road it is.
If it is a road that is used by the public. Ownership of the road is not the criteria. Any road used by a segment of the public is considered public. There is also a presumption that states all roads are considered public unless proven otherwise.
“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.
Alta
Alta Swanepoel and Associates CC