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This is the latest version of this By-law.
Traffic By-law, 2011
- Published in Western Cape Provincial Gazette no. 6892 on 22 July 2011
- Commenced on 22 July 2011
- [This is the version of this document from 22 July 2011 and includes any amendments published up to 13 May 2022.]
PreambleWHEREAS section 156(2) of the Constitution provides that a City may make and administer by-laws for the effective administration of the matters which it has the right to administer;WHEREAS municipal public transport is listed as a local government matter in Part B of Schedule 4 to the extent set out in section 155(6)(a) and (7);WHEREAS municipal roads and traffic and parking is listed as local government matters in Part B of Schedule 5, to the extent set out in section 155(6)(a) and (7);AND WHEREAS the City intends to control nuisances emanating from the operation of public transportation within the jurisdiction of the City of Cape Town;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town as follows:—
1. DefinitionsIn this By-law, unless the context indicates otherwise—"Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996);"authorised officer" includes—(a)a person in the service of the City whose duty is to inspect licences, examine vehicles, examine driving licences, or who is a traffic officer or a road traffic law enforcement officer, and also any other person declared by the Minister of Transport by regulation made in terms of the National Road Traffic Act to be an authorised officer; and(b)a person appointed as an inspector by the City as contemplated in section 86 of the National Land Transport Act, 2009 (Act No. 5 of 2009);"authorised official" means an employee of the City responsible for carrying out any duty or function, or delegated to carry out any duty or function, in terms of this By-law;"bus" means a motor vehicle designed or adapted for the conveyance of more than 16 persons, including the driver;"City" means the City of Cape Town established by Provincial notice 479 of 2000 in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"Council" means the Council of the City;"driver" means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or flock of animals, and "drive" or any like word has a corresponding meaning;"holding area" in relation to a taxi, means a place, other than a rank, where a taxi remains until space for it is available at a rank or stopping place;"holder" in relation to a rank token, means the owner to whom a rank token has been issued in terms of section 3(2);"kerb line" means the boundary between the shoulder and the verge or in the absence of a shoulder, the part between the edge of the roadway and the verge;"motor vehicle" means any self-propelled vehicle and includes—(a)a trailer; and(b)a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not include—(i)any vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or(ii)any vehicle with a mass not exceeding 230 kilograms and specially designed and constructed, and not merely adapted for the use of any person suffering from some physical defect or disability and used solely by such person;"non-motorised vehicle" means a vehicle or device utilised for land road based transport for the conveyance of goods or passengers, which is propelled either solely by animal power or by human power or a combination of human power, assisted by an alternative source of power or provided by any form of fossil fuel;"operating licence" means an "operating licence" as defined in section 1 of the National Land Transport Act, 2009 (Act No. 5 of 2009);"owner" in relation to a vehicle, means—(a)the person who has the right to the use and enjoyment of a vehicle in terms of the common law or a contractual agreement with the title holder of such vehicle;(b)any person referred to in paragraph (a), for any period during which such person has failed to return that vehicle to the title holder in accordance with the contractual agreement referred to in paragraph (a); or(c)a motor dealer who is in possession of a vehicle for the purpose of sale, and who is registered as such in accordance with the regulations under section 4 of the Act, and "owned" or any like word has a corresponding meaning;"park" means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle;"ply for hire" means use of a vehicle for conveying passengers for hire or reward;"permit’ means a "permit" as defined in section 1 of the National Land Transportation Act, 2009 (Act No. 5 of 2009);"public transport conductor" means a person who, in a public place or on a public road, renders a conductor service to public transport drivers and passengers, including—(a)soliciting and touting for business;(b)controlling and managing access to vehicles; and(c)collecting fares."public transport vehicle" means a public motor vehicle used for the conveyance of passengers or of passengers and goods for hire or reward, including buses and taxis;"public transport service" means a scheduled or unscheduled service for the carriage of passengers by road whether subject to a contract or not, and where the service is provided for a fare or any other consideration or reward, including cabotage in respect of passenger transport as defined in the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998) and except where clearly inappropriate, the term "public transport" must be interpreted accordingly;"rank" includes—(a)a public transport interchange or a place upon a public road from which a public transport service may ply for hire or convey and drop off passengers for reward; and(b)any place designated or demarcated as a rank or for the exclusive parking of specific public transport vehicles by a road traffic sign, and "ranking" and "public transport facility" have corresponding meanings;"rank token" means a rank token issued in terms of section 3;"roadway" means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic which is between the edges of the roadway;"shoulder" means that portion of a road, street or thoroughfare between the edge of the roadway and the kerb line;"stopping place" in relation to—(a)a taxi, means a place designated by the City where a taxi may stop to pick up or drop off passengers; and(b)a bus, means a demarcated stop where a bus may stop to pick up or drop off passengers;"taxi" means a public transport motor vehicle other than a public bus used for the conveyance of passengers or of passengers and goods for hire or reward such as a minibus or a midibus, and includes metered taxis;"taxi facility" means a holding area, special parking place, stopping place, rank, terminal and any other facility that is specifically identified and designated by the City for the exclusive use of taxis;"taxi rank" means any place designated or demarcated as a taxi rank or for the exclusive parking of taxis by a road traffic sign;"touting" means soliciting passengers for a public transport vehicle by shouting, hooting, whistling or any other conduct, and "tout" has a corresponding meaning;"trolley" means a device used to transport anything or person and which is propelled or pulled by human or animal power, and includes a pram or cart; and"vehicle" means a device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails.
Plying for hire and ranking requirements
2. Parking and plying for hire
3. Rank tokens
4. Place of validity of rank token
5. Rank token to be produced on demand
6. Suspension or withdrawal of a rank token
7. Procedure for suspension or withdrawal of a rank token
8. Change of addressThe holder of a rank token must give notice to the City in writing of any change of address within 14 working days thereof by pre-paid registered post, telefax or hand delivery.
9. Amendment and replacement of a rank token
10. Use of ranks
11. Right of entryAn authorised officer may, in enforcing the provisions of this By-law, at any reasonable time and without prior notice—(a)enter a public transport service facility to inspect the facility; and(b)make enquiries from a person connected with such facility.
Licence and operating licence
12. Driver of motor vehicle to be licensedNo person shall drive a motor vehicle on a public road—(a)except under the authority and in accordance with the conditions of a licence issued to him or her in terms of the Act or of any document deemed to be a licence for the purposes of the Act; and(b)unless he or she keeps such licence or document or any other prescribed authorisation with him or her in the motor vehicle.
13. Motor vehicle to be licensedSubject to the provisions of the Act, every motor vehicle in the City shall, whether or not it is operated on a public road, be licenced by the owner of such motor vehicle, in accordance with the provisions of the Act, with the relevant licensing authority.
14. Driver to have operating licence or permitSubject to the provisions of section 32 of the Act, no person shall drive a motor vehicle of a class prescribed in terms of the Act on a public road except—(a)in accordance with the conditions of a permit issued to him or her in accordance with the provisions of the Act; and(b)if he or she keeps such permit with him or her in the motor vehicle,provided that this subsection shall not apply to the holder of a learner’s licence who drives such motor vehicle whilst he or she is accompanied by a person registered as a driver in respect of that class of vehicle.
15. Operating licence to be produced on demand
16. Unauthorised handing over or abandonment of taxi or busNo driver of a taxi or bus may—(a)abandon his or her vehicle; or(b)allow any other person to drive the taxi or bus under his or her control without the consent of the holder of the operating licence or public permit concerned.
Conduct of drivers, conductors and passengers
17. Preventing engagement of a public transport vehicleNo person may, by using force, intimidation, threats or by any other means, prevent or try to prevent—(a)any person from obtaining or engaging a public transport vehicle; or(b)the driver of a public transport vehicle from taking on passengers.
18. Conveying dangerous or offensive articles in public transport vehiclesA person who is in charge of a public transport vehicle may not knowingly convey a person or thing or allow that person or thing to be conveyed in such vehicle, whether or not the public transport vehicle has been engaged, if that person or thing—(a)is not permitted to be conveyed in terms of an existing law; or(b)has obviously been exposed to or contaminated by an infectious or contagious disease as contemplated in the Act.
19. Boarding and disembarking of public transport vehicles
20. Queues at public transport facilities
21. Garments and identification of public transport service conductor
22. Duty of careThe owner, driver and conductor of a public transport vehicle must, at all times, exercise a duty of care by maintaining the inside of such public transport vehicle in a sanitary state of affairs.
23. Payment of faresA passenger must pay the determined fare for the journey on request.
24. Rights and duties of passengers when a public transport vehicle becomes defective
25. AnimalsNo passenger may enter a public transport vehicle with any animals other than a guide dog assisting a blind person.
26. Actions prohibited on a public transport vehicleThe following actions are prohibited on a public transport vehicle:(a)smoking;(b)playing offensive or excessively loud music;(c)using obscene or offensive language;(d)committing an offensive act;(e)interfering with the comfort of any passenger;(f)damaging anything and interfering with the equipment of the public transport vehicle in any way;(h)forcibly causing the driver to deviate from his route;(i)endangering the life of another person; and(j)interfering with the actions of the driver.
27. Behaviour prohibited at a public transport facilityA person who causes a disturbance or behaves in a riotous or indecent manner commits an offence in terms of this By-law and may be removed from a queue or the vicinity of a public transport facility by any authorised officer of the City.
28. Property left in public transport vehiclesThe driver of a passenger-carrying vehicle must carefully examine the vehicle after a trip, and if a passenger has left behind any property in the vehicle, the driver must—(a)deliver that property to the person who left it behind; or(b)if he or she is unable to deliver that property to the person who left it behind, take the(c)property, as soon as possible, to the lost property office of his or her employer or to the nearest police station and de-posit it with the officer on duty and obtain a receipt for it.
29. OverloadingNo driver of a public transport vehicle may allow more than the specified number of passengers as indicated in the public permit.
30. Obstruction and disruption of traffic
31. Duties of pedestrians
32. Use of hooterNo person shall on a public road use the sounding device or hooter of a vehicle except when such use is necessary in order to comply with the provisions of this By-law or any other law or on the grounds of safety.
33. Duty to indicate when changing lanes
34. Driving on shoulders
35. Driver of motor vehicle to be licensedNo person shall drive a motor vehicle on a public road—(a)except under the authority and in accordance with the conditions of a licence issued to him or her in terms of the Act or of any document deemed to be a licence for the purposes of the Act; and(b)unless he or she keeps such licence or document or any other prescribed authorisation with him or her in the motor vehicle.
36. Motor vehicle to be licensedSubject to the provisions of the Act, every motor vehicle in the City shall, whether or not it is operated on a public road, be licenced by the owner of such motor vehicle, in accordance with the provisions of the Act, with the relevant licensing authority.
37. Driver to have operating licence or permitSubject to the provisions of section 32 of the Act, no person shall drive a motor vehicle of a class prescribed in terms of the Act on a public road except—(a)in accordance with the conditions of a permit issued to him or her in accordance with the provisions of the Act; and(b)if he or she keeps such permit with him or her in the motor vehicle,provided that this subsection shall not apply to the holder of a learner’s licence who drives such motor vehicle whilst he or she is accompanied by a person registered as a driver in respect of that class of vehicle.
38. Prohibition on use of communication device while driving
Offences and penalties
39. Offences and penalties
40. RepealsThe Cape Town Municipality Traffic By-law 1117 of 1973 is hereby repealed.
41. Short titleThis By-law is called the City of Cape Town: Traffic By-law, 2011.
History of this By-law
22 July 2011 this versionPublished in Western Cape Provincial Gazette no. 6892By-law commences.