by Tauhierah Salie

** this post has been updated with the latest information

Transgressing Cape Town motorists are warned that a newly approved by-law could- among other things- see their cars immediately impounded.

According to the City of Cape Town’s Safety and Security Directorate spokesperson JP Smith, local officials have been granted additional authority after provincial government accepted an amended Traffic By-law.

In response to VOC’s request for a copy of the updated version, the City stated that “the final by-law isn’t online yet, as it must still be gazetted.”

According to the City’s website, the amendments were first proposed in 2011, initially in response to an increase in motorists becoming negligent due to cellphone use while driving. Reports indicate however that several changes were made over the years. It was published for public comment in October 2019, receiving over 2 000 submissions.

That draft document contained 11 chapters in total, including:  powers and duties of authorised officials, (ap)plying for hire and ranking requirements, license and operating license, conduct of drivers, conductors and passengers, road safety, communication devices, driving while under the influence and offences and penalties.

In a statement, posted in 2019 prior to release for public comment, the City said the changes introduced five new chapters dealing with:

1. Powers and duties of authorised officials
2. Equipment on or in respect of vehicles
3. Animals
4. Driving while under the influence
5. Impoundment of vehicles and forfeiture to the City

Vehicle impoundment

In a statement by the City, it is clarified that authorised officials may, “in the interest and the safety of the public”, and without prior written notice, impound vehicles where the vehicle:

(a)  was involved in reckless or negligent driving or illegal street racing;
(b)  is unlicensed or the licence disc has been expired for more than 90 days;
(c)  is unregistered;
(d)  is not fitted with licence plates,
(e)  is damaged or is in a state of disrepair and is, in the opinion of the authorised official, not roadworthy;
(f)   is a taxi which is being operated in contravention of the conditions of approval its operating licence or off the approved route;
(g)   has been left abandoned as specified in section 61;
(h)  driver is unlicensed, or the driver does not have his or her driver’s licence available for inspection;
(i)     driver is under the influence of intoxicating liquor or a drug having a narcotic effect; or
(j)     driver did not stop when signalled to do so by an authorised official resulting in the driver having to be pursued and forced to stop”

Drivers must be issued a receipt, containing details such as: a clear description of the vehicles physical condition, a list of accessories on the vehicle at the time of impoundment, the address of the impound lot where the vehicle will be kept and associated costs of retrieval.

The driver must also be provided; the contact details of the person responsible for processing written representations regarding the impoundment, alongside a deadline for such representations and the maximum period of storage and application process for an extension- which may not be granted more than twice.

Impounded vehicles are generally held for three months. The vehicle will be forfeited to the City if not collected before the expiry of the maximum period of storage.

Vehicles seized as a result of illegal streetracing will solely take place post-prosecution, and only released to the registered owner or the person who was driving the vehicle at the time of impoundment. However, ordinary vehicles will require letter of authorisation from the registered owner accompanied by certified copies of the registered owner’s identity document as well as the person collecting the vehicle, or a certified copy of a death certificate, in the event that the registered owner is deceased.

Prior to release, motorists will also need to pay the City a daily or monthly tariff for the storage of impounded vehicles. Costs of impoundment, transport and storage will also fall on the motorist. The City can also “levy an impoundment fee” related to the impoundment.

Vehicles may be temporarily released to a tow truck operating company for transporting the vehicle to a vehicle repair centre; mechanic; panel beater; auto electrician; other motor repair specialist, at the expense of the owner.

Drunk driving

The by-law also clarifies that ‘operating a vehicle’ means to be behind the steering wheel while the engine is running, or – in the case of a pedal cycle- sitting on the seat and controlling the reins or handlebars.

Authorised officials will have the right to impound the vehicle of a person found to be under the influence. It will also become an offence for any person to:

• Operate any form of transport whilst under the influence of liquor or a drug with a narcotic effect
• Resist stopping if an authorized officer who “reasonably suspects” the driver of being under the influence
• Resist providing a breath specimen using the prescribed equipment

Road safety

Motorists are further prohibited from:

• driving if they do not have a valid license and roadworthy certificate at hand
• driving if is not wearing a seatbelt or the vehicle does not have seatbelts which are in a good condition
• driving recklessly, or with disregard for the law and other road users
• driving if the motorist is intoxicated or the vehicle contains any opened container of intoxicating liquor or any drug with a narcotic effect
• operating a vehicle which cannot move backward or forward
• throwing or dropping any object out of the window or door of a vehicle, especially burning, smoldering or combustible items or material
• driver ignores or disregards a road traffic sign, unless otherwise directed by an authorised official
• operating, controlling, riding or pushing any wheeled device without the prior written permission of the City

Smith said harsh action will be taken against illegal street racers and taxi operators who “show complete disregard for the safety of other road users”, as well as those who incorrectly display numberplates.

“Once finalized, our various enforcement services will receive further training on how to fully utilize all aspects of this new legislation. Affected communities who have long since been calling for improved enforcement can rest assured that such relief can be welcomed within the near future,” said Smith.

Transgressors are, on conviction, liable for a fine or a term of imprisonment not exceeding six months.

VOC