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 Roads51. Disused vehicles or visible from national roads |
| (1) | No person may— |
| (a) | deposit or leave a disused vehicle or machine or a disused part of a vehicle or machine, or any rubbish or other refuse on a national road; |
| (b) | without the Agency’s written permission or contrary to any condition imposed by the Agency and set out in the written permission, deposit or leave, so as to be visible from a national road, any disused vehicle, machine or part, or any rubbish or other refuse— |
| (i) | on land outside an urban area and within 150 metres from the boundary of a national road; or |
| (ii) | on land within an urban area and adjoining a national road or separated from a national road by any street. |
| (2) | The Agency may remove a disused vehicle or machine or a disused part of a vehicle or machine, or any rubbish or other refuse, found on a national road, and may recover the costs of the removal from the person who deposited or left the disused vehicle, machine or part or the rubbish or other refuse on that road. |
| (3) | If, on any land mentioned in subsection (1)(b), there is found any disused vehicle or machine or disused part of a vehicle or machine, or any rubbish or other refuse, which is visible from a national road and the person who deposited or left it there or any person entitled to remove it, has been directed by the Agency by notice in writing to remove it from the land or to take the necessary steps to render it invisible from a national road— |
| (a) | such a person must remove the disused vehicle, machine or part or the rubbish or other refuse from the land or take those necessary steps within the period stated in the notice, except if— |
| (i) | that person produces a written permission of the Agency authorising the presence of that vehicle, machine, part, rubbish or other refuse on that land under the circumstances in question; or |
| (ii) | in the case of a person so entitled, that person satisfies the Agency of not having deposited or left the vehicle, machine, part, rubbish or other refuse on that land and not having permitted its being deposited or left there and, where it was deposited or left there by the agent or employee of the person so entitled, of not having been aware of that fact; |
| (b) | the Agency, if the vehicle, machine, part, rubbish or other refuse has not been removed within the period stated in the notice and if satisfied that no person holds a written permission of the Agency in terms of paragraph (a)(i), may remove the vehicle, machine, part, rubbish or other refuse from that land or take any steps that the Agency considers necessary to render the vehicle, machine, part, rubbish or other refuse invisible from the national road, and may recover the costs of the removal or of those steps from the person who in terms of paragraph (a) was under a duty to make the removal or take the necessary steps. |
| (4) | 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, or to both the term of imprisonment and the fine. |