Issuing of fines on private roads

[ToxicBunny]

When a vehicle is registered a license number is allocated and a licence disc issued in that respect, the law still applies to anywhere in the Republic.

When I used to work in the agricultural industry we still had to license our tractors, cherry pickers etc. even when they never touched the public roads.

I don’t know about inspections on private property as it is private and that a warrant would apply in this case, but when you decide to take your vehicle onto the public road then you will need to have your registration and license in order and pending on the conditions you will have to pay an penalty in the time that you neglected to renew your vehicle licence.

Yes, but the license disc is not required to be displayed on private property as far as I'm aware.

Without a doubt it is required on public roads, but that is not up for debate as far as I'm concerned.

 

[Fulcrum29]

I cant speak to that excerpt but I can tell you I own 3 racecars and none of them display any tags. I have had both police and metro inspect these vehicle on more than one occasion checking chassis numbers etc because I have been spotted on the street. When they do find me car is on trailer, so they make my life hell running all the numbers for stolen vehicles etc but never said a word about non licenced.

Also how do they differentiate new cars in this law? They only get dealer plates once they are delivered to dealers. So up until then do they go into showrooms an ticket the cars there also?

The OPs situation is highly irregular.

Then those cops aren't doing their work, the law clearly states that when a registration is done a license number is allocated and that a license disc is issued in that respect.

Your three race cars also has to comply with the modified and non-standard vehicles sub-sections. Manufacturers and importers are also addressed in the sub-sections, those vehicles are registered.

 

[Fulcrum29]

Yes, but the license disc is not required to be displayed on private property as far as I'm aware.

Without a doubt it is required on public roads, but that is not up for debate as far as I'm concerned.

It is not required to be displayed on private property, but you still need to register and licence your vehicle.

 

[SauRoNZA]

So what happens with a race car/bike then? It never gets registered and doesn't require a license from what I recall.

 

[ToxicBunny]

It is not required to be displayed on private property, but you still need to register and licence your vehicle.

Which according to the OP he had done.

 

[Fulcrum29]

@ToxicBunny

Display of licence disc or licence and roadworthy certificate disc

36. (1) The owner of a motor vehicle shall display a licence disc or licence and roadworthy certificate disc, whichever the case may be, issued in respect of such motor vehicle--

if the motor vehicle is fitted with a transparent windscreen, by affixing it on the lower left hand corner in such a manner that the print on the face of the licence disc or licence and roadworthy certificate disc, whichever the case may be, is clearly legible from the outside to a person standing in front or to the left front of such vehicle;

if the motor vehicle is not fitted with a transparent windscreen, by affixing it in a conspicuous position on the left front side of such motor vehicle in such a manner that the print on the face of such a licence disc or licence and roadworthy certificate disc, whichever the case may be, is clearly legible from that side; or

if such licence disc or licence and roadworthy certificate disc, whichever the case may be, is required to be displayed on a motor vehicle in a position where it is exposed to the weather, be protected by affixing such licence disc or licence and roadworthy certificate disc, whichever the case may be, on the inside of the transparent front of a durable watertight holder.

(2) No person shall operate on a public road a motor vehicle on which is displayed a licence disc or a licence and roadworthy certificate disc, whichever the case may be, or anything purporting to be a licence disc or licence and roadworthy certificate disc--

which is not applicable to such motor vehicle;
which is in any way obscured or has become illegible, except if such licence disc or licence and roadworthy certificate disc, whichever the case may be, is temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor vehicle.

They don't prescribe to anything in Section 35 in relation with private property other that any vehicle in the Republic must be registered and licensed as stated in Section 3. I guess you are correct that you don't need to display the license disc on private property.

 

[Fulcrum29]

Which according to the OP he had done.

Yes, but I replied to boxerulez remark on the comment by Scooby_Doo. The OP must write an letter referring to Section 35 of the "REGISTRATION AND LICENSING OF MOTOR VEHICLES, AND REGISTRATION OF MANUFACTURERS, BUILDERS AND IMPORTERS AND MANUFACTURERS OF NUMBER PLATES ) to argue his fine. I'm sure they will drop it right there and then.

 

[Arthur]

Regarding race vehicles: many years ago (before eNATIS) there used to be a licensing exemption for race and other vehicles that are never operated on a public roadway. I'm not sure if that's still the case.

I remember an incident before The Rinderpest where an overzealous cop ticketed a stationary/parked race car on a public road for not displaying a licence disc and for other violations (no SABS-approved white/red reflectors on front/rear, illegal tread on tyres, etc). The case went to court and was chucked out because the applicable legislation said "operate on a public roadway", and the magistrate held that "park" was not "operate".

Of course, any chassis and engine needs to be legitimately owned, and it is illegal to remove or modify the manufacturer's identification/serial numbers. This is to ensure that stolen chassis and engines don't end up in exempt race/private/deregistered vehicles.

I'm pretty sure the cops can still check an engine in any vehicle to see if its serial number has been tampered with, and to see if it's legally owned and not stolen. They can't just enter private property without a warrant, of course.

 

[Fulcrum29]

Regarding race vehicles: many years ago (before eNATIS) there used to be a licensing exemption for race and other vehicles that are never operated on a public roadway. I'm not sure if that's still the case.

I remember an incident before The Rinderpest where an overzealous cop ticketed a stationary/parked race car on a public road for not displaying a licence disc and for other violations (no SABS-approved white/red reflectors on front/rear, illegal tread on tyres, etc). The case went to court and was chucked out because the applicable legislation said "operate on a public roadway", and the magistrate held that "park" was not "operate".

Of course, any chassis and engine needs to be legitimately owned, and it is illegal to remove or modify the manufacturer's identification/serial numbers. This is to ensure that stolen chassis and engines don't end up in exempt race/private/deregistered vehicles.

I'm pretty sure the cops can still check an engine in any vehicle to see if its serial number has been tampered with, and to see if it's legally owned and not stolen. They can't just enter private property without a warrant, of course.

As far as I know you do have to register any vehicle in the Republic, but you can apply for the exemption of license fees.

http://www.gov.za/services/register...sification-respect-licence-fees-motor-vehicle

If you have a motor vehicle that is not designed for transporting goods or people on public roads (in the opinion of the MEC concerned), you may have the vehicle specially classified and exempted from licensing fees.

Vehicles that may qualify for special classification may include a water boring machine, threshing machine, harvester, harrow, mower, baler, scraper, leveller, spraying machine, crane, plough, a vehicle adapted, rebuilt or changed to be used solely for racing purposes and/or exhibition.

The National Road Traffic Act only allows you to drive such vehicles on public roads for short distances to:

- the premises of the owner for delivery
- cross a public road from the premises of the owner to another over a distance of not more than one kilometre
- proceed to or from a place where repairs are to be or have been effected to such motor vehicle.

What you should do

Go to the nearest registering authority with the following:
- your identity document (ID)
- the vehicle’s registration certificate
- a letter of authority from the South African Bureau of Standards.
- Complete an Application for special classification of motor vehicle in respect of licence fees form (ELF1). The form is available at the registering authority.

How long does it take

It may take up to six weeks.

How much does it cost

The service is free.

Forms to complete

Application for special classification of motor vehicle in respect of licence fees form (ELF1).

The form is obtainable at the registering authority or you can download them from the eNaTIS website.

Who to contact

Registering authority service centres

 

[ponder]

As far as I know you do have to register any vehicle in the Republic, but you can apply for the exemption of license fees.

My offroad bikes were never registered, neither were those of my friends. There was no requirement to do so by law.

Wrt to vehicles on private property I don't think they have the right to fine you. It's like coming to your home and fining you for that project car you're building which has no license disc. It's not on a public road or in a public space where they have jurisdiction.

 

[Rouxenator]

Completely unacceptable.

I once complained to the local traffic cops about a douche in an X3 that was parked in our office park and had no front license plate. They said unless they catch him on a public road they can't do anything. I told them what times he was on the road, they even have a trafficop at the bottom of the road regulating traffic, nothing. The dude when on driving without his front plate for a year to come.

 

[saor]

It is not required to be displayed on private property, but you still need to register and licence your vehicle.

Yup. Everything is in order with the car and it's paperwork. Was just an unfortunate instance where I'd not yet put up the new disc. Pretty much how you've said it .

I took photos of the car with the ticket on the window & I'll take the issue further once the fine has been registered on their system. I can't for one moment imagine they're allowed to issue fines on private property. I mean imagine I have a hobby of taking cars apart - they couldn't then issue a fine for a car with missing headlights or something similar if it was parked on my business' private road.