Western Cape Transport publishes Draft Western Cape Provincial Road Traffic Administration Amendment Bill for public comments

Have your say on Draft Bill proposing impounding of vehicles for serious traffic offences

The Western Cape Government has published the Draft Western Cape Provincial Road Traffic Administration Amendment Bill, 2016, (attached) for public comment. The Bill proposes amending the Western Cape Provincial Road Traffic Administration Act, 2012, (Act 6 of 2012) to permit the impoundment of vehicles for certain serious road traffic offences, and to encourage road safety through education, promotion and research activities.

The National Road Traffic Act, 1996 (Act 93 of 1996) (NRTA) is a comprehensive road traffic law to be implemented by the national, provincial and local spheres of government. Section 92 of the NRTA makes provision for the passing of provincial laws. The Western Cape Provincial Road Traffic Administration Act was brought into effect in 2013 to allow vehicle licence fees to be set by the Provincial MEC and for such fees to be paid into the Provincial Revenue Fund and the Road Traffic Management Corporation (RTMC).

The Western Cape Amendment Bill proposes:

1. Enabling the Provincial MEC to make regulations in respect of the impoundment of vehicles for certain road traffic offences.

2. Repealing the National Road Safety Act, 1972 (Act 9 of 1972) in the Western Cape and, in its place, adding provisions to the Western Cape Provincial Road Traffic Administration Act that will facilitate the promotion of road safety through educational, promotional and research activities.

This move follows a policy-making process which I undertook, as the Provincial MEC for Transport and Public Works, in response to the need for more stringent actions to curb the on-going contravention of traffic laws. We have seen that in most instances, the issuing of fines has not been an effective deterrent in respect of certain offences that pose a serious threat to road safety in the province.

If the proposed provisions for impoundment in respect of high-risk offences are passed, road traffic enforcement agencies in the province will be able to deal more effectively with serious transgressions of the road traffic laws. If passed, the proposed provisions in respect of road traffic safety education and promotion will also go a long way to improving road safety in the Western Cape.

Together, these proposed amendments are expected to make a significant contribution to bringing down the unacceptably high rates of road traffic crashes, injury and deaths in the Western Cape.

Any person or organisation wishing to comment on the Draft Amendment Bill is requested to lodge such comment in writing on or before Wednesday 12 October 2016:

(a) by post to:

ML Watters

Chief Engineer: Land Transport

Western Cape Provincial Department of Transport and Public Works

PO Box 2603

Cape Town

8000

(b) by e-mail to: malcolm.watters@westerncape.gov.za; or

(c) by hand to:

ML Watters

Room 3-33

3rd Floor

9 Dorp Street

Cape Town.

Queries can be directed to Malcolm Watters at tel.: 021 483 2203.

An electronic copy of the draft Bill is available on the following website: www.westerncape.gov.za/tpw/documents/draft_bills

Source: Government of South Africa

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