Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)

Chapter I : Interpretation of Act

1. Definitions

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In this Act, unless the context otherwise indicates—

 

"acceptable identification"

means—

(a)a temporary identity certificate or an identity document issued in terms of the Identification Act, 1986 (Act No. 72 of 1986);
(b)a passport issued in terms of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994);
(c)in the case of a person not permanently resident in the Republic, an identity document issued by a foreign country or a traffic register number certificate;
(d)in the case of—
(i)a company, a certificate of incorporation or name change issued in terms of the Companies Act, 1973 (Act No. 61 of 1973); or
(ii)a close corporation, a founding statement or a certificate of name change issued in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);
(dA)a driving licence card issued in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996);

[Paragraph (dA) substituted by section 1(a) of Act No. 72 of 2002]

(e)a traffic register number certificate issued in terms of any national or provincial Road Traffic Act, in the case of –
(i)a person carrying on a business which, for the purpose of this definition, includes farming activities; or
(ii)a body of persons not referred to in paragraph (c); or
(f)a photocopy of the applicable certificate or document referred to in paragraphs (a) to (e);

 

"agency"’

means the Road Traffic Infringement Agency, established by section 3;

 

"authorised officer"

means—

(a)a traffic officer or a traffic warden appointed in terms of the laws of any province;
(b)a member of the service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
(c)a national road transport inspector appointed in terms of section 37(1) of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998), or any duly appointed provincial road transport inspector; or
(d)a municipal police officer appointed under any law;

 

"board"
means the Road Traffic Infringement Agency Board, established by section 6;
 
"courtesy letter"
means a courtesy letter contemplated in section 19;
 
‘"date of service"

means the date on which an infringer has signed for the relevant document served on him or her under section 30;

 

"demerit points’"

means demerit points contemplated in section 24;

 

"Director-General"

means the Director-General of the national Department of Transport;

 

"disqualification period"

means the period contemplated in section 25 during which a person is disqualified from driving or operating a motor vehicle or applying for a learner’s licence, driving licence, professional driving permit or operator card;

 

"enforcement order"

means an enforcement order contemplated in section 20;

 

"infringement"

means a major or a minor infringement;

 

"infringement notice"

means an infringement notice contemplated in section 17;

 

"infringer"

means a person who has allegedly committed an infringement;

 

"issuing authority"

means—

(a)a local authority contemplated in Chapter 7 of the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996), the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable law;
(b)a provincial administration; or
(c)the Road Traffic Management Corporation, established under section 4 of the Road Traffic Management Corporation Act, 1999,

in so far as such authority, administration or Corporation is responsible for traffic matters.

[Definition substituted by section 1 of Act No. 22 of 1999]

 

"major infringement"

means an offence categorised as a major infringement under section 29(a);

 

"MEC"

means a member of an Executive Council of a province appointed in terms of section 132 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and who is responsible for road traffic matters;

 

"Minister"

means the Minister of Transport;

 

"minor infringement"

means an offence categorised as a minor infringement under section 29(a);

 

"national contraventions register"

means the National Traffic Information System on which the offence details of every individual are recorded in terms of this Act;

 

"offence"

means an offence prescribed under section 29(a);

 

"penalty"

means the administrative penalty payable for an infringement as contemplated in section 31;

 

"prescribed"

means prescribed by regulation by the Minister under section 34;

 

"representations officer"

means a person contracted by the agency in terms of section 5 or appointed by the Registrar in terms of section 10 to consider representations submitted by any person who, after having committed a minor infringement, elects to make a representation;

[Definition inserted by section 1(b) of Act No. 72 of 2002]

 

"sheriff"

means a sheriff appointed under section 12; and

 

"this Act"

includes any regulation made in terms of section 34.