Intro

Question 1

What is the definition of driving?

Answer 1

The act of driving must relate to having some control over the acceleration and or deceleration, and direction of the vehicle. Note that Section 3AB of the Road Safety Act says that a person who is steering a motor vehicle that is being towed by another motor vehicle is deemed to be driving the towed vehicle.

Question 2

What is the definition of a Vehicle?

Answer 2

Means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes bicycle or other pedalled vehicle, trailer, tram-car and air-cushion vehicle but does not include railway locomotive or railway rolling stock.

Question 3

What is the definition of a road?

Answer 3

• an area that is open to or used by the public and is developed for, or has one of its main uses, the driving or riding of motor vehicles; or
• a place that is a road by virtue of a declaration under section 3(2)(a) Road Safety Act.

Case law: Matthew v Earls (1965) states ‘use’ must be more than occasional and casual - must be more than ill-defined and undeveloped tracks.

Question 4

What is the definition of a Road related area?

Answer 4

Means

• an area that divides a road
• a footpath or nature strip adjacent to a road
• an area that is open to the public and is designed for use by cyclists or animals
• an area that is not a road and that is open to or used by the public for driving, riding or parking of motor vehicles
• a place that is a road related area by virtue of a declaration under s. 3(2)(a) RSA but does not include a place that is not a road or road related area by virtue of a declaration under sub-section (2)(a)

Question 5

What section gives Police the Power to Intercept a Motor Vehicle?

Answer 5

Section 59 of the Road Safety Act.

Question 6

What is Section 59 of the Road Safety Act?

Answer 6

Power to Intercept. 59(5) “A police officer may give such reasonable directions to a person driving or in charge of a motor vehicle on a highway as are, in the opinion of that member, necessary (1) for carrying into execution, the provisions of this Act or the regulations; or (2) for the purpose of any traffic survey being carried out in the vicinity of the highway.

Question 7

In what circumstances will a vehicle have an unregistered vehicle permit?

Answer 7

• preparing an unregistered vehicle for registration
• moving a vehicle from place to place on a one-off basis
• heavy earthmoving equipment which cannot meet registration requirements but which may need to operate from time to time on public roads
• rally vehicles; and
• carnival floats or similar