The South African National Roads Agency Limited and National Roads Act, 1998Regulationse-Road Regulations, 20165. Use of an e-road by registered users, by non-registered e-tag users, and by alternate users |
| (1) | Before using an e-road, a registered e-tag user must, in the manner contemplated in the Specification Regulations, fit the e-tag as provided for in paragraphs (3)(c) or (d) of regulation 3 to the corresponding motor vehicle and maintain the e-tag in working order. |
| (2) |
| (a) | If a motor vehicle for which an e-tag has been specified passes beneath a gantry on an e-road and the equipment used to identify the e-tag fails, the user who is registered as the e-tag user in respect of that motor vehicle will be identified by the VLN of the motor vehicle. |
| (b) | In the case where the Agency detects that the e-tag of the registered e-tag user does not function properly it must notify the user by means of the preferred method of communication referred to in paragraph (2)(e) of regulation 3. |
| (c) | If a user, 10 days after he, she or it has been notified by the Agency as contemplated in sub-regulation (2)(b), continues to use an e-road without first replacing or returning the e-tag that is malfunctioning— |
| (i) | he, she or it will incur liability for toll as a registered VLN user provided that he, she or it otherwise satisfies the requirements of the definition of "registered VLN user," or |
| (ii) | if he, she or it does not satisfy the requirements of the definition of "registered VLN user" then he, she or it will incur liability for toll as an "alternate user". |
| (3) | A motor vehicle of a registered user that passes beneath a gantry shall be identified at the time of the e-toll transaction either by the e-tag or VLN, as the case may be, and the liability for toll may differ according to the method of identification in question. |
| (4) | Registered users must maintain an e-toll account with the Agency and must make payment timeously of all amounts due in respect of that account, which payment shall be subject to the conditions that the Agency may determine and make known. |
| (5) | Where a non-registered e-tag user, who prior to his or her use of an e-road fits an e-tag to a motor vehicle in the manner contemplated in the Specification Regulations— |
| (a) | he, she or it is identified at the time of the e-toll transaction by the VLN and e-tag so fitted; |
| (b) | the liability for toll for the use of the e-road by the non-registered e-tag user may be determined accordingly, and |
| (c) | the toll for the e-toll transaction so occurring will be set off against any e-tag credit. |
| (6) | The passage of a motor vehicle beneath a gantry, the user of which is an alternate user, is identified at the time of the e-toll transaction by the VLN or an e-tag and the liability for toll will be determined according to the tolls applicable to alternate users. |
| (7) | A registered user must— |
| (a) | within 14 days of changing his, her or its physical or postal address or any of the particulars supplied to the Agency at the time of registration, notify the Agency of his, her or its new address or such new particulars; |
| (b) | notify the Agency within 24 hours after he, she or it becomes aware of the theft of a motor vehicle in respect of the use of which registration was applied for; |
| (c) | notify the Agency within 24 hours if a motor vehicle for which an e-toll account is registered has been declared unfit for use; |
| (d) | furnish information, if requested to do so, regarding a motor vehicle which is or may have been used by him or her on an e-road to any traffic officer, an employee of the Agency or an employee of an agent appointed by the Agency to operate the e-road; |
| (e) | ensure that the number plates of the motor vehicle that he, she or it is using on an e-road are affixed in the manner prescribed in regulation 35 of the National Road Traffic Regulations and are clearly visible at all times, and |
| (f) | not tamper with or duplicate a number plate or use a motor vehicle on an e-road without number plates being properly affixed to the motor vehicle. |
| (8) | An e-tag user— |
| (a) | may not tamper with or duplicate an e-tag; |
| (b) | must notify the Agency within 24 hours of the e-tag becoming damaged or stolen or destroyed and, in the case of a registered e-tag user who wishes to remain registered— |
| (i) | provide a new e-tag identification number and the corresponding VLN of the motor vehicle to which such e-tag will be fitted, or |
| (ii) | apply for the issuing of a new e-tag, and |
| (c) | where he, she or it wishes to transfer the e-tag issued to him, her or it to another motor vehicle, provide the VLN, make, model and colour to the Agency and request the transfer of such e-tag to the new motor vehicle. |
| (9) | An alternate user must— |
| (a) | ensure that the number plates of the motor vehicle that he, she or it is using on an e-road are affixed in the manner prescribed in regulation 35 of the National Road Traffic Regulations and are clearly visible at all times; |
| (b) | not tamper with or duplicate a number plate or use a motor vehicle on an e-road without number plates being properly affixed to the motor vehicle, and |
| (c) | ensure that his, her or its current address is on record with the appropriate registering authority as required by the National Road Traffic Regulations and notify the Agency of any change of such address within 14 days from the date that the change took place. |
| (10) | Where a user is required by any provision contained in these regulations to give notice to the Agency of any occurrence or for purposes of complying with any provision of these regulations, then such notice must be given either by contacting the call centre or by visiting an e-toll customer service centre, or by any other means of notification that is indicated on that website. |