Traffic Offences

1. What is the speed limit in South Africa?

In terms of Regulation 292 of the National Road Traffic Act , Act 93 of 1996 , the speed limit is as follows:

( a ) 60 kilometers per hour on a public road, located within an urban area;

( b ) 100 kilometers per hour on a public road, located outside an urban area;

( c ) 120 kilometers per hour on a freeway, situated outside an urban area.

2. When may I be arrested for exceeding the speed limit?

Section 35 of the National Road Traffic Act provides that if a person exceeds the speed limit by 30 kilometers per hour in an urban area or on a public road outside an urban area or exceeds the speed limit by 40 kilometers per hour on a freeway, he must be arrested and brought before court.   His driver’s licence/permit will also automatically be suspended and he will then have to provide reasons to the court why the suspension should not be confirmed.

3. In what other instances may my driver’s licence/permit be suspended?

Section 35 of the National Road Traffic Act stipulates that a person’s licence/permit may be suspended in the following instances.

Where he is convicted of an offence in terms of:

• Section 61 ( 1 ) ( a ) , ( b ) or ( c ) – in the case of death or serious injury to a person in an accident;

• Section 63 ( 1 ) – in respect of reckless or negligent driving;

• Section 65 ( 1 ) , ( 2 ) or ( 5 ) – in respect of driving under the influence of alcohol or a drug with a narcotic effect.

4. How long will my licence be suspended?

• If it is your first offence, for a period of at least 6 months;

• If it is your second offence, for a period of at least 5 years, and

• If it is your third consecutive offence, for a period of at least 10 years, calculated from the date of the judgment.