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The Do’s and Don’ts in Durban this Festive Season

- South Africa
- Other
10-12-2019
Statistics
Earlier this year the Former Minister of Transport, Dr Blade Nzimande, announced during the preliminary Festive Season Road Safety Report which covered the period from 1 December 2018 to 8 January 2019, KwaZulu-Natal recorded the most fatalities with 267 crashes and 328 deaths. Passengers accounted for 36 percent of road fatalities nationwide, followed by pedestrians (35 percent), drivers (27 percent) and cyclists (2 percent).
Research conducted by Arrive Alive South Africa has indicated that 50% of people who die on the roads have a blood alcohol concentration above 0.05 gram per 100 millilitres. Following the previous preliminary Festive Season Road Safety report, it is imperative that road safety awareness is given to all and not restricted to drivers of motor vehicles.
Don’ts
- Don’t drive while under the influence of intoxicating liquor or drug having a narcotic effect, or with excessive amount of alcohol in blood or breath (National Road Traffic Act, No. 93 of 1996). Section 65 of the National Road Traffic Act, No. 93 of 1996 sets out the legal limits for driving a motor vehicle whilst under the influence of any intoxicating liquor or drugs having narcotic effects. The blood alcohol content limits are (i) 0,05 gram per 100 millilitres for all drivers and (ii) 0,02 gram per 100 millilitres for professional drivers. The breath alcohol content should not exceed (i) 0,24 milligrams per 1000 millilitres for all drivers and (ii) 0,10 milligrams per 1000 millilitres for professional drivers.
- Don’t occupy the driver’s seat of a motor vehicle whilst the engine is running and whilst you are under the influence (Section 65 of the National Road Traffic Act, No. 93 of 1996).
- Don’t consume any alcohol on public beaches except on licenced premises or where temporary authorisation has been granted by the Municipality (Beaches By-law, 2015). Just because others are drinking in public beaches does not mean that the area is in fact licenced or authorised for people to consume alcohol. We advise speaking to the local authority or police station to get confirmation of whether or not such conduct is permissible in order to avoid being on the wrong side of the law.
- Don’t use or consume any dependence producing drug or substance or smoke or inhale any substance using a hubbly bubbly or tobacco water pipe or similar apparatus on public beaches (Beaches By-law, 2015).
- Don’t consume any liquor or be in a state of intoxication in a public place (Nuisances and Behaviour in Public Places By-law, 2015).
- Don’t use any drugs or be under the influence of drugs in a public place (Nuisances and Behaviour in Public Places By-law, 2015).
Following a major car crash that claimed 10 lives on 17 August 2019 on the N1 North at the Maxwell Drive bridge between Allandale and Buccleauh, in Gauteng, there has been a lot of inquiries into whether passengers are allowed to consume liquor in motor vehicles. Section 127(d) of the Gauteng Liquor Act, No. 2 of 2003 stipulates that it is an offence for any person to consume liquor in, or on, or near any public place, including a motor vehicle driven on a public road or parked in a public place.
In Durban, there is currently no By-law that prohibits passengers from consuming liquor in motor vehicles.
Do’s
- Do obey the rules of the road and always look out and adhere to road signs
Speed limits:
-
- 60km/h in respect of every public road or section thereof, situated within a residential area;
- 100km/h in respect of every public road or section thereof, other than a freeway, situated outside a residential area; and
- 120km/h on national highways and other major routes.
- Do constantly conduct vehicle checks on your vehicle to ensure that it is roadworthy.
- Do avoid driving through unsafe areas and take the advice and caution from the locals.
As the festive season approaches, please be safe on our roads and Arrive Alive.
Wishing everyone a happy festive season.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.