National Road Safety Act, 1972
Act 9 of 1972
- Published in South African Government Gazette 3415 on 15 March 1972
- Assented to on 9 March 1972
- Commenced on 15 March 1972 by Date of commencement of the National Road Safety Act, 1972
- [This is the version of this document from 1 May 1989 and includes any amendments published up to 1 December 2023.]
- [Amended by National Road Safety Amendment Act, 1974 (Act 46 of 1974) on 1 February 1975]
- [Amended by General Law Amendment Act, 1975 (Act 57 of 1975) on 20 June 1975]
- [Amended by National Road Safety Amendment Act, 1976 (Act 40 of 1976) on 1 December 1976]
- [Amended by National Road Safety Amendment Act, 1980 (Act 16 of 1980) on 1 May 1980]
- [Amended by National Road Safety Amendment Act, 1981 (Act 59 of 1981) on 1 October 1981]
- [Amended by Motor Vehicle Accidents Act, 1986 (Act 84 of 1986) on 1 May 1986]
- [Amended by Multilateral Motor Vehicle Accidents Fund Act, 1989 (Act 93 of 1989) on 1 May 1989]
1. DefinitionsIn this Act, unless the context otherwise indicates -“Council” means the National Road Safety Council established by section 2;[definition of “director” deleted by Act 59 of 1981]“Director-General” means the Director-General: Transport;[definition of “Director-General” inserted by Act 59 of 1981]“fixed date” means the date of commencement of this Act;“Fund” means the fund established under section 15;[definition of “levy” deleted by Act 84 of 1986]“Managing Committee” means the managing committee established by section 9;“Minister” means the Minister of Transport Affairs;[definition of “Minister” amended by Act 59 of 1981]“National Transport Commission” means the National Transport Commission appointed under section 3 of the Transport (Co-ordination) Act, 1948 (Act No. 44 of 1948);[The Transport (Co-ordination) Act 44 of 1948 was not applicable to South West Africa.]“public service” means the public service as defined in section 3 of the Public Service Act, 1957 (Act No. 54 of 1957);[The “Administration of South West Africa” and the “Secretary for South West Africa” were removed from the coverage of the Public Service Act 54 of 1957 by RSA Proc. R 112/1980 (RSA GG 7097). The public service in South West Africa was then governed by the Government Service Act 2 of 1980 (OG 4116), which was re-named the Public Service Act 2 of 1980 and replaced by the Public Service Act 13 of 1995.]“regulation” means a regulation made under this Act;“Republic” includes any territory in respect of which Parliament is competent to legislate;“Road Safety Council” means the South African Road Safety Council established by section 2 of the South African Road Safety Council Act, 1960 (Act No. 1 of 1960).[The South African Road Safety Council Act 1 of 1960 is repealed by this Act.]
2. Establishment of National Road Safety CouncilThere is hereby established a juristic person under the name The National Road Safety Council.
3. Constitution of Council
4. Staff of Council, and performance of executive and administrative work
5. Object of CouncilThe object of the Council shall be the promotion of road safety in the Republic.
6. Functions o CouncilThe Council shall -
7. Powers of CouncilIn order to achieve its object and to perform its functions the Council may -
8. Meetings of Council
9. Establishment and constitution of Managing Committee
10. Powers of Managing CommitteeDuring periods between meetings of the Council, and subject to such directions as the Council may give from time to time, the Managing Committee shall perform all the functions, and exercise all the powers, of the Council, but it shall not have the power, save in so far as the Council may otherwise direct, to set aside or vary a decision of the Council.
11. Meetings of Managing Committee
12. Validity of acts and decisions of Council and Managing CommitteeNo act or decision of the Council or the Managing Committee shall be invalid by reason only of the fact that a person who was entitled to receive notice of a meeting of the Council or the Managing Committee did not receive such notice, or by reason only of the fact that a person who was disqualified from being a member of the Council or the Managing Committee, or in whose appointment there was some defect, acted as a member of the Council or the Managing Committee, as the case may be, when such act was performed or such decision was taken, whether or not such person’s concurrence was necessary for the performance of that act or the taking of that decision.
13. Remuneration and allowances of members of Council and Managing Committee
14. Passing of assets, rights, liabilities and obligations from Road Safety Council to the CouncilAs from the fixed date all assets, rights, liabilities and obligations of the Road Safety Council shall, subject to the provisions of this Act and without payment of transfer duty, stamp duty or other fees, become assets, rights, liabilities and obligations of the Council, and any reference in any law or document to the first-mentioned council shall be construed as a reference to the Council.
15. Establishment and control of Central Road Safety Fund
16. Keeping of records, preparation of statement of accounts and balance sheet, and audit
17. Persons in service of Council become members of public service
18. ***[section 10 amended by Act 46 of 1974 and deleted by Act 59 of 1981]
19. ***[section 19 substituted by Act 46 of 1974 and deleted by Act 59 of 1981]
20. ***[section 20 amended by Act 46 of 1974 and by Act 57 of 1975, and deleted by Act 59 of 1981]
21. Insurance against patrimonial damage or loss or claimsThe Council may arrange with an insurer for insurance against any patrimonial damage or loss or against claims of any nature or certain classes of claims which may be instituted against the Council by or in respect of persons generally or by or in respect of certain classes of persons or by or in respect of particular persons or property.
22. ***[section 22 amended by Act 46 of 1974 and deleted by Act 59 of 1981]
23. Reports by Council
24. Powers of Minister in regard to recommendations of CouncilThe Minister may accept, amend or reject any recommendation of the Council or remit it to the Council for reconsideration.
25. Payment to CouncilThe Minister shall, upon the recommendation of the Council and after consultation with the Minister of Economic Affairs and Technology, determine the moneys that may be paid on a quarterly basis to the Council by virtue of the provisions of section 1(2)(a)(ii) of the Central Energy Fund Act, 1977 (Act No. 38 of 1977).[Section 25 is amended by Act 16 of 1980 and by Act 59 of 1981, and substituted by Act 84 of 1986 and by Act 93 of 1989. The Central Energy Fund Act 38 of 1977 was not applicable to South West Africa.]
26. Certain legislation relating to road safety
28. Repeal of Act 1 of 1960, Act 53 of 1965 and Act 47 of 1966The South African Road Safety Council Act, 1960, the South African Road Safety Council Amendment Act, 1965, and the South African Road Safety Council Amendment Act, 1966, are hereby repealed.
29. Where Act applicableThis Act and any amendment thereof shall also apply in every territory in respect of which Parliament is competent to legislate.
30. Short title and commencementThis Act shall be called the National Road Safety Act, 1972, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
History of this document
01 May 1989 this version
01 May 1986
Amended by Motor Vehicle Accidents Act, 1986
01 October 1981
Amended by National Road Safety Amendment Act, 1981
01 May 1980
Amended by National Road Safety Amendment Act, 1980
01 December 1976
Amended by National Road Safety Amendment Act, 1976
20 June 1975
Amended by General Law Amendment Act, 1975
01 February 1975
Amended by National Road Safety Amendment Act, 1974
15 March 1972
09 March 1972