Do you know the rules for abnormal vehicles?

Abnormal vehicles are specially classified in terms of regulation 21(1)(g) of the National Road Traffic Act, Act 93 of 1996. As such, there are a number of rules governing their use on South Africa’s roads.

Recently there has been a spate of instances where traffic officers have stopped vehicles that are, by virtue of their dimensions, not compliant with the dimension limits set out in the National Road Traffic Act (NRTA), Act 93 of 1996. These vehicles – usually lowbeds, cranes, or other special vehicles – commonly exceed one or more of the following dimensions:

1. Width (2 600 mm)
2. Wheelbase of semi-trailer (10 000 mm)
3. Overall combination length, articulated motor vehicle (18 500 mm)
4. Overall combination length, other combination (22 000 mm)
5. Front overhang
6. Rear overhang

In the above-listed instances, the vehicle is operated on a public road under the authority of an exemption/abnormal permit. This permit is issued by the MEC responsible for transport for the province, for each and every province that the owner of the vehicle wishes to drive in or through, as contemplated in section 81(2) and (3).

The owner of such a vehicle may apply to the MEC through the appropriate registering authority in terms of regulation 21(1)(g). After successfully completing the application process the registering authority will issue the licence disc with a large “S” printed on it. This identifies the vehicle as specially classified and subject to a vastly reduced licence fee, because the vehicle may only be operated on a public road when in possession of a valid exemption permit.

There has been a trend of traffic officers prosecuting the drivers of specially classified vehicles for failing to meet the requirements for a roadworthy certificate and/or have and display the operator card. This practice is incorrect and if a prosecution takes place while the vehicle is specially classified, you are advised to write a representation and request that the charges are withdrawn for the reasons specified below.

No roadworthy certificate

Regulation 142(2)(a) read with regulation 138(2)(c) of the NRTA provides that the requirement for a roadworthy certificate is not necessary for such a vehicle, with regulation 138(2)(c), which deals with the certification of roadworthiness, specifically excluding vehicles that are specially classified in terms of regulation 21(1) from the requirement to be certified as roadworthy.

No operator card

Regulation 265(1) specifies the classes of vehicles for which an operator must be registered. Regulation 265(2)(e) provides a clear statement to the effect that the requirement to register an operator, as provided for in regulation 265(1), shall not apply to a motor vehicle referred to in regulation 21(1) – specially classified vehicles.

As there is no requirement for a Roadworthy Certificate or Operator Card on a vehicle that is specially classified in terms of regulation 21(1)(g), it stands to reason that it will neither have a roadworthy certificate incorporated into its licence disc, nor an operator card.

Definitions

Roadworthy:

In relation to a vehicle, means a vehicle which complies with the relevant provisions of this Act and is otherwise in a fit condition to be operated on a public road.

Wheelbase:

• In relation to a semi-trailer, means the distance measured at ground level, between parallel planes at right angles to the longitudinal centreline of the vehicle, passing through the centreline of its kingpin and the centreline of its axle or axle unit, as the case may be;
• In relation to a trailer with only one axle or one axle unit (other than a semi-trailer) means the distance, measured at ground level, between parallel planes at right angles to the longitudinal centreline of the vehicle, passing through the centreline of the coupling pin or knuckle and the centreline of such axle or axle unit as the case may be; and
• In relation to any other vehicle, means the distance measured at ground level between parallel planes at right angles to the longitudinal centreline of the vehicle, passing through the centreline of the front axle or front axle unit and the centreline of the rear axle unit, as the case may be.

Front overhang:

In relation to a vehicle, means that portion of the vehicle, excluding any drawbar or coupling, which projects in front of the centreline of the front axle or the foremost axle of the front axle unit, or:

• If such vehicle has only one axle, that portion of the vehicle which projects in front of the centreline of that axle.
• In the case of a semi-trailer, that portion of the vehicle which projects in front of the centreline of the kingpin. This is true providing that any portion of a semi-trailer which projects in front of its front end or anything attached to a semi-trailer in front of its front end – and which is within an area formed by drawing, with the kingpin as centre, an arc connecting the extreme points of the front end of the semi-trailer – shall not be deemed to be part of the front overhang of such semi-trailer.

Rear overhang:

In relation to a vehicle, means that portion of the vehicle which projects to the rear of the centreline of the rear axle or the rearmost axle of the rear axle unit or, if such vehicle has only one axle, which projects to the rear of the centreline of that axle.