Transport Pack

The Administrative Adjudication of Road Traffic Offences Act (AARTO) introduces a demerit point system for traffic offences. Transport operators must: (a) manage infringement notices received against fleet vehicles within 32 days of service; (b) nominate the actual driver using a section 30 nomination if the operator is not the driver; (c) pay fines or elect to be tried in court; (d) monitor the demerit point status of all PrDP-holding drivers. An operator accumulating excessive demerit points may have their operator card suspended. Drivers accumulating 15+ points face licence suspension (3 months per additional point). AARTO was rolled out nationally effective July 2022, with the RTIA as the issuing authority. Penalty: Failure to respond within 32 days — deemed an admission of guilt, penalty increased by 50%. Reference: AARTO Act 46 of 1998, s17-30.

All operators transporting goods or passengers across South African borders must hold a valid cross-border road transport permit issued by the Cross-Border Road Transport Agency (C-BRTA). Permit types: freight (single trip or period permit up to 3 years), passenger (cabotage and cross-border). Applications must include: operator card, vehicle registration, roadworthiness certificate, valid PrDPs, proof of insurance, and bilateral/multilateral agreement compliance. Penalty: Operating cross-border without a permit — fine up to R100,000 or imprisonment up to 2 years (s26 of Cross-Border Road Transport Act). Vehicle and goods may be impounded at the border. Reference: Cross-Border Road Transport Act 4 of 1998, s18-25.

Transport of dangerous goods by road must comply with SANS 10228 (Identification and Classification of Dangerous Goods for Transport) and SANS 10229 (Packaging of Dangerous Goods for Transport). The operator must: (a) obtain a dangerous goods transport permit from the relevant MEC; (b) ensure drivers hold a PrDP category D; (c) ensure vehicles display correct placards and Hazchem codes; (d) carry a Tremcard (Transport Emergency Card) for each substance; (e) comply with route restrictions (no tunnels, residential areas as prescribed). Vehicles must have fire extinguishers, spill kits, and emergency equipment as prescribed. Penalty: Transporting dangerous goods without a permit or non-compliant vehicle — fine up to R500,000 or imprisonment up to 6 years (s75 of NRTA). Reference: NRTA 93 of 1996, s75; SANS 10228; SANS 10229; NRTR Chapter X.

All PrDP holders must undergo medical examination by a medical practitioner to confirm fitness to drive. The medical certificate is required for initial PrDP application and every 24-month renewal. The examination must assess: visual acuity (minimum 6/9 corrected), colour vision, hearing, cardiovascular health, neurological conditions, diabetes management, and substance abuse. Drivers of dangerous goods vehicles require additional assessment. The employer must maintain copies of all driver medical certificates and implement a fitness-for-duty programme. Penalty: Permitting a medically unfit driver to operate — employer liability under NRTA s32 and common law negligence. Reference: NRTA 93 of 1996; NRTR Reg 102-104, 115.

Transport operators must maintain comprehensive maintenance records for all vehicles in the fleet. The RTMC requires operators to implement a preventive maintenance system that includes: (a) daily pre-trip vehicle inspections by the driver (documented); (b) scheduled maintenance per manufacturer specifications; (c) defect reporting and rectification records; (d) tyre management records (depth, rotation, replacement); (e) brake testing records. Driver logbooks recording hours of duty, rest periods, and kilometres driven must be maintained per NRTR Reg 270-272. Driving hours: maximum 9 hours per day, 5.5 hours continuous before a 30-minute rest. Penalty: Failure to maintain records — fine up to R100,000 (NRTA s89). Permitting fatigued driving — employer criminally liable. Reference: NRTA 93 of 1996, s49; NRTR Reg 270-272.

All operators of public transport services (buses, minibus taxis, metered taxis, charter services, long-distance services) must hold a valid operating licence issued by the National Public Transport Regulator (NPTR) or provincial regulatory entity. Operating licences are granted for a maximum of 7 years (buses/metered taxis) or 5 years (minibus taxis). Renewal applications must be submitted at least 90 days before expiry. Requirements: proof of vehicle roadworthiness, tax compliance, valid PrDPs for all drivers, compliance with route/area conditions. Penalty: Operating without a valid licence — fine up to R100,000 or imprisonment up to 5 years (s90 of NLTA). Vehicle may be impounded. Reference: National Land Transport Act 5 of 2009, s50-78.

All drivers of goods vehicles exceeding 3,500 kg GVM, passenger vehicles carrying more than 12 persons, and vehicles transporting dangerous goods must hold a valid Professional Driving Permit (PrDP). The employer must verify PrDP validity before allowing a driver to operate. PrDPs are issued by the relevant driving licence testing centre (DLTC) and are valid for 24 months. A medical fitness certificate is required for application and renewal. Categories: G (goods), P (passengers), D (dangerous goods). Penalty: Operating without a valid PrDP — fine up to R500,000 or imprisonment up to 6 years (s32 of NRTA). Employer may be held jointly liable. Reference: National Road Traffic Act 93 of 1996, s32; NRTR Reg 115-117.

The Road Accident Fund (RAF) is funded through a fuel levy included in the price of petrol and diesel. While the levy is collected at the pump, transport operators must ensure RAF compliance for claims management: (a) report all fleet vehicle accidents involving third-party injury to the RAF within 2 years of the incident; (b) maintain accident records including driver statements, photographs, and police case numbers (SAPS CAS); (c) co-operate with RAF investigations; (d) ensure all fleet vehicles carry valid licence discs. The RAF Act provides for compensation of third parties for loss or damage caused by the driving of motor vehicles. The current RAF fuel levy is approximately R2.18 per litre (2025/26 rate). Reference: Road Accident Fund Act 56 of 1996, s17-24.

All motor vehicles must display a valid licence disc (vehicle registration renewal). The licence disc must be renewed annually on or before the last day of the month corresponding to the registration number. Requirements: valid roadworthiness certificate (for applicable vehicles), proof of insurance (if applicable), payment of licence fees. For fleet operators, a system must be in place to track renewal dates for all vehicles. eNaTIS (Electronic National Administration Traffic Information System) is used for processing. Penalty: Operating with an expired licence disc — fine up to R2,500 per vehicle (NRTA s4, Reg 8-10). Vehicle may be impounded. Reference: National Road Traffic Act 93 of 1996, s4-8; NRTR Chapter II.

All goods vehicles exceeding 3,500 kg GVM and all buses must be fitted with an approved speed limiter set to the prescribed maximum speed: 80 km/h for goods vehicles exceeding 9,000 kg GVM, 100 km/h for buses and other goods vehicles. The speed limiter must be calibrated by an approved fitment centre and a calibration certificate issued. The certificate must be kept in the vehicle at all times and is valid for 24 months. The speed limiter must not be tampered with or bypassed. Penalty: Operating without a calibrated speed limiter or tampering — fine up to R500,000 or imprisonment up to 6 years (NRTA s74(1)). Reference: NRTA 93 of 1996, s74; NRTR Reg 233A-233H.

All motor vehicles used for the conveyance of persons for reward, goods vehicles exceeding 3,500 kg GVM, and vehicles older than the prescribed age must obtain a Certificate of Roadworthiness (CRW) from an authorised vehicle testing station. The CRW must be renewed annually for public transport vehicles. The test covers: brakes, steering, suspension, lights, tyres, body/chassis, exhaust emissions, windscreen wipers, and mirrors per SANS 10047. Penalty: Operating an unroadworthy vehicle — fine up to R500,000 or imprisonment up to 6 years (s42 of NRTA). The vehicle may be taken off the road immediately. Reference: National Road Traffic Act 93 of 1996, s42-44; NRTR Reg 138-141.