The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 5 : Official Policies on, and Declaration, Use and Protection of, National Roads50. Advertisement on or visible from national roads |
| (1) | Except as provided in subsection (2), no person may— |
| (a) | display an advertisement on a national road, or permit it to be so displayed; |
| (b) | display, outside an urban area, any advertisement visible from a national road, or permit any advertisement which is so visible, to be so displayed; |
| (c) | display any advertisement visible from a national road in an urban area, on any land adjoining the national road or on land separated from the national road by a street, or permit it to be so displayed. |
| (2) | Subsection (1) does not apply to the displaying of any advertisement complying with the prescribed requirements (if any) as to the nature, contents or size of such an advertisement or the time, manner or place of its display, where the display thereof is authorised by or under the regulations concerned, or the advertisement— |
| (a) | is displayed on a building in which a business or undertaking is carried on, and contains no more than the name of the business or undertaking or description of its nature, the name of its proprietor and the further information (if any) as authorised by or under the regulations concerned; or |
| (b) | is displayed on any vehicle, or is displayed on any other machine or implement and contains no more than the trade name of that machine or implement and the name of its manufacturer, so long as the main purpose for which the vehicle, machine or implement is used, is not the displaying of the advertisement; or |
| (c ) | is displayed in terms of an authorisation conferred, before or after the incorporation date, under the Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940), for as long as the advertisement is displayed in accordance with the requirements which, in terms of that authorisation, are applicable to it or were applicable to it immediately before the incorporation date, as the circumstances may require; or |
| (d) | is lawfully displayed at any place immediately before the road or route in question is declared a national road under section 40(1), for as long as it is displayed continuously at the same place, unless its removal has been directed under subsection (3) of this section and the period within which it had to be removed, has expired; or |
| (e) | is displayed by the State, or is displayed, in the performance of its functions, by a body established by or under any law, or has to be displayed, in terms of any law, at the place where, and under the conditions under which, it is in fact displayed. |
| (3) | Any person who displays an advertisement contrary to the provisions of subsection (1) or permits it to be so displayed, or who displays any advertisement mentioned in paragraph (d) of subsection (2) in a manner or in circumstances which, were it not for subsection (2), would have been a contravention of subsection (1), and who has been directed by the Agency by notice in writing to remove that advertisement, must do so within the period stated in the notice which may not be shorter than 14 days. |
| (4) | If the person to whom a notice in terms of subsection (3) is directed, fails to remove the advertisement specified in the notice within the period stated therein, it may be removed by the Agency itself which may recover the costs of the removal from that person. |
| (5) | Any person who contravenes subsection (1), is guilty of an offence and liable on conviction to a term of imprisonment not longer than six months, or a fine. |