We often receive questions pertaining to traffic enforcement within large estates and gated communities. We would like to share one of thes requests for assistance:
Question:
“We have a large site at the CSIR and a general speed limit of 40km an hour due to fauna that we have on site (buck; dassies; rabbits etc). We are wondering how to enforce these speed limits and are there regulations I could use for private property traffic management.
I would appreciate your assistance in this regards”
Answer:
All the roads within the CSIR are public roads and the traffic department must do the law enforcement.
Sec 69 creates a presumption that all roads are public roads and private ownership of the roads does not make the road private for road traffic act purposes. If a part of the public has right of access or is commonly used by the public, it is considered public.
The National Road Traffic Act Stipulates:
Presumptions regarding public road, freeway and public road in urban area
69. (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.