Are you a law-abiding citizen or a rule-bending driver? How Mzansi has taught us to drive.

Have you ever assumed that something was legal on the road, only to find out later that it wasn't? You're not alone. According to the Automobile Association (AA) of South Africa, there are several misconceptions that local motorists have about the rules of the road.

 

“Gated estate roads are private roads.”

Many South African gated estates wrongly view the roads within the estate as "private" roads. However, these roads are actually considered to be "public roads" under the National Road Traffic Act 93 of 1996 (NRTA). This means that they are regulated by the provisions of the NRTA, and any signage or road markings that do not comply with these requirements are illegal. The estate managers may put into place internal contractual conduct arrangements with residents, landowners, visitors, and other road users within the estates, but these terms cannot replace the NRTA or the powers and duties of the law enforcement authorities.

“It's fine to use your cell phone as long as you are not talking on it.”

This is a serious misconception among South African drivers and a major safety hazard. According to the NRTA, drivers are not allowed to use a hand-held cell phone while driving. Furthermore, a cell phone may not be used at traffic lights when the car is not moving, while the engine is running, for taking photos, or for browsing the internet while driving (like checking Google Maps after claiming you know the way). In the Western Cape, your cell phone will be confiscated for 24 hours if you are caught using it while driving.

“You can warn motorists of an upcoming roadblock.”

This is not only bad manners, but it is also a criminal offence. Drivers who alert fellow motorists about roadblocks by flashing their lights or posting warning messages on social media are regarded as defeating the ends of justice. This can also warn a wanted criminal and help them to evade the law.

“It's okay to smoke in your car while transporting children.”

The Tobacco Products Control Act 83 of 1993, states that "no person may smoke any tobacco product in any motor vehicle when a child under the age of 12 years is present in that vehicle". The penalty for smoking in a car with minors could be as much as R500.

“You can transport children on the back of a bakkie.”

The so-called "bakkie-taxis," which are often the only way learners in informal areas are able to reach school, may no longer transport school children. As of 11 May 2017, the National Road Traffic Regulation specifically states that school children may not be transported in the goods compartment of a vehicle.

 

More locally made rules (and yes, they are illegal):

  • A turn signal must only be used if it will affect the car directly behind you.
  • Never fully stop at a stop sign, or it will result in a rear-end collision.
  • Speed limits are just suggestions and are not applicable during rush hour.
  • Flashing your high beams will make the car in front of you go faster.
  • Honking your horn at cars that don't move immediately after the light turns green, is an essential public service.
  • The left lane is for driving within the speed limit. The right lane is for people in a hurry.

 

Jokes aside, it's important for South African drivers to familiarise themselves with the rules of the road and to avoid making assumptions that could lead to dangerous situations or legal consequences. By following the rules and being aware of any updates or changes to them, we can all contribute to safer roads and a better driving experience for everyone.