RESPONSIBILITIES OF LAW ENFORCEMENT: COMPLIANCE OF BREAKDOWN SERVICES IN TERMS OF THE NATIONAL ROAD TRAFFIC ACT, 1996 (ACT NO. 93 OF 1996)
During the recent Road Incident Management Systems (RIMS) National Technical Committee (NTC) meeting, it was reported to this office that certain members of Law Enforcement Agencies are permitting vehicles involved in road traffic crashes to be removed by breakdown service operators under circumstances where such operators, vehicles, or drivers are not compliant with the provisions of the National Road Traffic Act, 1996 (Act No. 93 of 1996).
The reported non-compliance includes, but is not limited to:
2.1 The operation of unroadworthy vehicles;
2.2 The absence of a valid or current operator card;
2.3 Drivers not being in possession of a valid Professional Driving Permit (PrDP) or operating with an expired PrDP.
Breakdown service operators are subject to the applicable provisions of the Act and its Regulations. It is therefore incumbent upon all Law Enforcement Agencies to ensure strict compliance by such operators, their drivers, and vehicles at all times.
Failure to enforce compliance creates a perception that unlawful conduct is being tolerated or condoned by Law Enforcement authorities. This undermines regulatory integrity, negatively affects public confidence, and may expose the road traffic management environment to increased safety risks.
In terms of the enabling legislative framework:
5.1 The traffic officer or police official in charge of a crash scene bears the responsibility to ensure that any breakdown vehicle and its driver comply fully with all applicable legislative requirements prior to being permitted to remove vehicle(s) from the scene;
5.2 Where non-compliance is identified, the relevant official must take appropriate enforcement action, including the issuing of a notice in terms of Section 56 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), read with the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) (AARTO), where applicable, or a Section 44 notice, as the circumstances may warrant.
All enforcement actions taken must be properly recorded and documented without delay, and such records must be submitted to the relevant authority for monitoring and reporting purposes.
While it is not possible to prescribe for every operational scenario, officials are required to exercise their discretion within the bounds of the law. Such discretion must be reasonable, lawful, and aligned with the objective of preventing unroadworthy vehicles and unlicensed or non-compliant drivers from operating on the road network.
Your office is hereby requested to submit monthly reports to the office of the Crash Investigation Unit of the Road Traffic Management Corporation, detailing all enforcement notices issued in respect of breakdown service operators, to ensure consolidated and comprehensive feedback at the national level.
You are further requested to ensure that the contents of this communication are disseminated to all relevant personnel for immediate implementation and compliance.
Your continued cooperation and support in ensuring compliance and promoting road safety are appreciated.
Yours faithfully, CHIEF EXECUTIVE OFFICER
ADV MS MSIBI DATE: 14/05/2026
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