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| Demerit System and email about implementation. By:JJ Smith |
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| 03-Feb-2010 |
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| Question: |
| Have the de-merit system been implemented yet? There is an e-mail doing the rounds that is has been as from 01 Feb 2010. it also claims that the 10km grace for speeding have fallen away and that you get find from km1 is this true? |
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| Answer: |
The demerit system has not been implemented and the email is incorrect. Will keep visitors to the Arrive Alive website updated! |
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| Wide road with yellow lines By:JJ Smith |
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| 02-Feb-2010 |
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| Question: |
| In the area were I live there is many up and down hills. The road is wide with yellow lines. Why have no one considered to make the yellow line narrower and make the road duel lane on the uphills? This will eliminate yellow line driving and increase traffic flow since trucks and slower vehicles can move safely out of the way of cars. |
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| Answer: |
This needs to be taken up and liaised with the local Department of Roads / Public Works |
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| Driving within Yellow Line By:JJ Smith |
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| 02-Feb-2010 |
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| Question: |
| I understand that yellow line driving is strictly speaking illegal but is allowed/overseen since it saves lives. However I understand that if a vehicle is not driving with all four wheels in the yellow line and you overtake that vehicle while vehicles is approaching it can cost you R1500 in fines even if you do not cross the centre line. Is this correct? When I pull over I never move with all four wheels in the yellow line since I feel this gives me more room for safety and more than enough space for a faster driver to overtake unhindered and safely. Might I be the reason he gets a fine? |
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| Answer: |
The Road Traffic Act does not say you must drive with all four wheels to the left of the yellow line when being overtaken. I don't know where that information came from or what the R1500 fines were for.
See my post at this forum: http://www.k53-test.co.za/forumDetail.php?forumID=20 |
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| Speeding fines written off By:SG |
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| 02-Feb-2010 |
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| Question: |
| When are fines written off? If I have fines issued in 2007 and 2008, can I have it written off? |
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| Answer: |
“Fines” or Section 341 Notices have a life of their own and there is apparently no length of validity although schedule 3 of the Criminal Procedures Act, 51 1977 does provide for payment of an admission of guilt fine within 30 days of issue of the Section 341 Notice. Once the 30 days has expired and no payment of an admission of guilt fine has been forthcoming, a summons is supposed to be issued but this rarely happens with traffic fines issued under the CPA.
Fines outstanding from 2 or 3 years ago are problematic since if summons were indeed issued in accordance with the Act at this stage, a competent attorney could easily argue that an unreasonable amount of time that has transpired and would not allow the accused to mount a defence due to the fact that one cannot go back in time to inspect such things as the road conditions, traffic signs etc. If one really thinks about it logically, the issuing authority should also be regarded as not having complied with the Act, however one has to bear in mind that the courts are rarely inclined to sanction traffic authorities for not sticking to the protocols they should comply with.
So, in short the legislation and guidelines on this issue are about as clear as mud.
Of course, all of this will change with the national implementation of the AARTO on 1 April 2010. The Act changes almost everything about how traffic law enforcement is applied and timeframes are clearly defined. Whether traffic authorities stick to those laws or not remains to be seen and this has certainly not been the case in the Pilot implementation areas of Johannesburg and Tshwane. I would say that everyone is in for a rough ride when AARTO comes into effect nationally. |
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| Crossing the dividing line By:Callie |
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| 29-Jan-2010 |
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| Question: |
| If you are traveling on a single road but the oncoming road has two lanes, can you overtake if a car is coming from the front in the left hand lane and you don't have a solid line on your side. I don't think you can because you can only overtake if it is safe to do so. And you can not assume the other car can see you. |
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| Answer: |
I think Carel has a pretty good idea of what the situation is.
Technically, you are legally allowed to cross the dividing line to overtake, provided:
• you would not be crossing a solid white line to do so, and
• the oncoming lanes are clear of traffic for a long enough distance to allow you to overtake safely;
• you have a clear view of the road ahead and you can in fact see that it is safe to overtake.
As Carel says, if there is a vehicle approaching in the far lane on your right (the left lane for approaching traffic), and the middle lane is clear, there is still the possibility that the driver of the approaching vehicle may decide to change lanes to his right in preparation for passing a slower vehicle in the left lane for the oncoming driver. So that could suddenly make it unsafe for you to cross the diving line in order to overtake. And, you may overtake only if it is legal and also if it is safe to do so.
An interesting question! |
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