Professional Documents
Culture Documents
1. DRIVE
S.1:
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 clock of animals, and drive or any like word has a corresponding meaning
S v Van Rooyen 1968 (1) SA 641 (T) s.73(1): presumption relating to proof of drivers identity.
S.1:
2. VEHICLE
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. Different definition of motor vehicle
3. PUBLIC ROAD
S.1: public road means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes a) the verge of any such road, street or thoroughfare; b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and c) any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;
Roadway: that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic which is between the edges of the roadway.
3. PUBLIC ROAD
placewhich is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access S v Kriel 1968 (3) SA 451 (T) 456-457
Section 69(1) presumption: where in any prosecution in terms of the Act it is alleged that an offence was committed on a public road, the road concerned shall, in the absence of evidence to the contrary, be presumed to be a public road.
a) Reckless:
S.63(2): Without restricting the ordinary meaning of the word recklessly any person who drives a vehicle in wilful or wanton disregard for the safety of persons or property shall be deemed to drive that vehicle recklessly.
(b) Negligent:
person drives negligently if he does not drive with the degree of care and skill that the reasonable person would have displayed in the same circumstances. S v Burger 1975 (4) SA 877 (A): reasonable person.
Elements of the Offence: 1. Drive 2. a Vehicle 3. on a Public Road 4. without reasonable consideration for any other person using the road.
While under the influence of intoxicating liquor or a drug having a narcotic effect
Fault
while the concentration of alcohol in any specimen of blood taken from any part of his or her body is not less than 0,05 gram per 100 millilitres
s.65(3) presumption:
If, in any prosecution for an alleged contravention of a provision of subsection (2), it is proved that the concentration of alcohol in any specimen of blood taken from any part of the body of the person concerned was not less than 0,05 gram per 100 millilitres at any time within two hours after the alleged contravention, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,05 gram per 100 millilitres at the time of the alleged contravention
S.65(4) presumption:
Where in any prosecution in terms of this Act proof is tendered of the analysis of a specimen of the blood of any person, it shall be presumed, in the absence of evidence to the contrary, that any syringe used for obtaining such specimen and the receptacle in which such specimen was placed for despatch to an analyst, were free from any substance or contamination which could have affected the result of such analysis.
Cases:
S v Tentelil 2003 (1) SACR 48 (C) s. 65(2)
DPP, Eastern Cape v Klue 2003 (1) SACR 389 (E) s. 65(1) / (2)
(E) SPEEDING
To drive a vehicle on a public road in excess of the general speed limit applicable to the road in question. (see s.59)
3 types of speed limit:
public road/section in urban area: 60km per hr. public road/section, other than freeway, outside urban area: 100km per hr. Freeway: 120km per hr.
(ii) A special speed limit (iii) A speed limit for particular vehicles
Proof of Speed:
(a) estimation of speed by observer; or (b) by measurement of the speed of the vehicle
b) To drive a vehicle on a public road while the concentration of alcohol in any specimen of breath exhaled by such person is not less than 0.24 milligrams per 1 000 millilitres.
(= s.65(5)). Price v Mutual & Federal Insurance Co Ltd 2007 (4) SA 51 (SE)
c) To ride in or drive a vehicle on a public road without the consent of the owner or person in lawful charge of the vehicle, or to set its machinery in motion.
(= s.66).
Contempt of Court
Midi Television (Pty) Ltd v DPP (WC) 2007 (9) BCLR 958 (SCA) S. Hoctor Specific Crimes (2008) 1 SACJ 101-104.