Does the 21-day grace period apply to truck licences?

The 21-day grace period after a motor vehicle licence expires applies to heavy motor vehicles exceeding 3 500 kg gross vehicle mass (GVM)/gross combination mass (GCM) too, says Kevin van der Merwe, executive manager: certification and operations, at the Road Freight Association (RFA).

In recent months, the Association has on numerous occasions been contacted by operator members for assistance and clarity on the grace period applicable when a vehicle is operated on a public road after the expiry of the validity period of a vehicle’s licence disc. It is evident that some traffic officers are of the opinion that the grace period granted to motorists after the expiry date does not apply to heavy motor vehicles (vehicles exceeding 3 500 kg GVM/GCM). This position conflicts with the regulations contained in the National Road Traffic Act, Act 93 of 1996 (NRTA) and the National Road Traffic Regulations (NRTR).

The 21-day grace period after a motor vehicle licence expires is not at the discretion of a traffic officer, but is contained in regulation 23(3) NRTR and provides that while such licence disc and licence number remain displayed as required after the expiry date, then the motor vehicle (the definition of “motor vehicle” includes a trailer) may continue to be operated on a public road during the 21-day grace period.

The next assertion made by some traffic officers is that the operator card and roadworthy certificate are treated differently to licence discs and have no grace period of 21 days, therefore heavy motor vehicles’ licences do not enjoy the 21-day grace period applicable to light motor vehicle licence discs. This position is absurd and conflicts with regulation 267(7) of the NRTR and regulation 145(2) of the NRTR. Regulation 60 of the NRTR states that during a “Period of grace” where an applicant is attending to a renewal, he will not be liable for a (late) penalty or prosecution for not making the application timeously/before the expiry date.

By way of an example: if the licence of your heavy goods vehicle expires on 30 November 2023, it may still be operated on a public road during the “21-day grace period” from 1 to 21 December 2023. The grace on the licence disc also applies to the roadworthy certificate and operator card. From 22 December 2023, the operator/driver of the vehicle operating the vehicle on a public road without having renewed the licence will be exposed to potential prosecution.

Regulatory references extracted from the Lexis Nexis© Road Traffic and Road Transport Legislation publication of the National Road Traffic Act, Act 93 of 1996 as at Issue 62 have been updated to:

Regulation 23(3) – Date on which motor vehicle to be licensed

(3) Notwithstanding anything to the contrary contained in this part, a motor vehicle referred to in sub-regulation (1), may, during a period of 21 days after the date referred to in that sub-regulation, be operated on a public road while the licence number allocated to such motor vehicle and the licence disc…

Regulation 145(2) – Period of validity of roadworthy certificate

(2) Notwithstanding anything to the contrary contained in these Regulations, a motor vehicle referred to in sub-regulation (1), may, during a period of 21 days after the date on which liability for the licensing of such motor vehicle arose in terms of regulation 23(1), be operated on a public road while the licence number allocated to such motor vehicle and the licence disc and roadworthy certificate issued in respect of such motor vehicle prior to the date on which the motor vehicle licence and licence disc and…

Regulation 267(7) – Manner of registration of operator, issue of operator card and period of validity of operator card

(7) An operator card issued in respect of a motor vehicle shall be valid from the date of issue thereof, until the date on which the licence disc issued in respect of the motor vehicle concerned becomes null and void as referred to in regulation 22, but the motor vehicle may be operated on a public road for a…

Regulation 60 – Period of Grace

Where, in terms of the provisions of this Chapter, provision is made for a period within which an application shall be made, such period shall be construed as a period of grace allowed to the applicant during which he may make such application without being liable for a penalty referred to in regulation 57 or prosecution for not making such application timeously.