Legislation: Instructors – Section 28 National Road Traffic Act 93 of 1996

Instructors and Driving School owners are always directed to Section 28, 28A, 28B and 28C as well as Regulation 114 of the National Road Traffic Act 93 of 1996 as the laws applicable to the driving school industry. We at SAIDI have been careful to make the law as clear as possible to those who browse our website.

It has come to our attention that:

Section 28 is the delegating part of the law which can never be implemented without the regulations.

Regulation 114 is unconstitutional.

So the following laws cannot be regarded as the foundation of the driving school industry, until those responsible correct the legislation, ensuring that all laws affecting the driving school industry are Constitutional:

Section 28

Instructor to be registered

(1) No person shall act as instructor unless he or she is registered in terms of section 28B.

(2) No person shall employ any other person as an instructor, or make use of any other person’s services as instructor, unless that other person is registered as an instructor in terms of section 28B.

Section 28A 

Application for registration as instructor

Any person desiring to be registered as an instructor shall in the prescribed manner apply to the chief executive officer.

Section 28B

Registration and grading of instructors

(1)    No person shall be registered to act as instructor unless he or she-

(a) has passed the prescribed examination;

(b) is of good character; and

(c) is mentally and physically fit to act as instructor, and was medically examined to ascertain such fitness.

(2)    A person referred to in subsection (1) shall only be registered as instructor in respect of a class of motor vehicle which he or she is licensed to drive.

(3)    The chief executive officer shall, if satisfied that an applicant referred to in section 28A complies with subsections (1) and (2), register and grade such applicant in the prescribed manner.

Section 28C   

Suspension and cancellation of registration of instructor

The chief executive officer may, for the period he or she deems fit, in the prescribed manner, suspend or cancel the registration of an instructor if that instructor-

(a) in the opinion of the chief executive officer, is guilty of misconduct in the exercise of his or her powers or the performance of his or her duties; or

(b) failed within the prescribed period to attend an appropriate refresher course at a training centre approved by the Shareholders Committee.

************************************************************************************************************************

Instructor’s certificates, when issued, are presently unconstitutionally issued by some Provinces of South Africa, (while others refuse to register instructors), under a law which no longer exists:

NATIONAL ROAD TRAFFIC REGULATIONS, 2000            
Regulation 250.

Duty of instructors to obtain instructor’s certificate

(1)     No person shall –

( a)     act as an instructor, unless he is the holder of an instructor’s certificate;

( b)    employ any other person as an instructor or make use of his services as an instructor, unless such other person is the holder of an instructor’s certificate.

But this is what the NRTA currently states:

Feel free to check.

Part V

Provisions relating to passenger carrying vehicles 250

Persons not to be carried in goods compartment for reward.

No person shall on a public road carry any person for reward in the goods compartment of a motor vehicle.

So Regulation 250, under which instructor’s certificates are presently issued unconstitutionally by Provinces, is no longer applicable to driving instructors.

We urge those in authority to ensure that Constitutionally acceptable laws are passed for the driving school industry as a matter of great urgency.

 

************************************************************************************************************************