Section 63: Reckless or negligent driving
(1) No person shall drive a vehicle on a public road recklessly or negligently.
(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.
(3) In considering whether subsection (1) has been contravened, the court shall have regard to all the circumstances of the case, including, but without derogating from the generality of subsection (1) or (2), the nature, condition and use of the public road upon which the contravention is alleged to have been committed, the amount of traffic which at the relevant time was or which could reasonably have been expected to be upon that road, and the speed at and manner in which the vehicle was driven.
Section 64: Inconsiderate driving
No person shall drive a vehicle on a public road without reasonable consideration for any other person using the road.
Section 65: Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood or breath
(1) No person shall on a public road-
(a) drive a vehicle; or
(b) occupy the driver’s seat of a motor vehicle the engine of which is running,
while under the influence of intoxicating liquor or a drug having a narcotic effect.
(2) No person shall on a public road-
(a) drive a vehicle; or
(b) occupy the driver’s seat of a motor vehicle the engine of which is running,
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, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres.
(3) 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, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,02 gram per 100 millilitres at the time of the alleged contravention.
(4) 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.
(5) No person shall on a public road-
(a) drive a vehicle; or
(b) occupy the driver’s seat of a motor vehicle the engine of which is running,
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, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres.
(6) If, in any prosecution for a contravention of a provision of subsection (5), it is proved that the concentration of alcohol in any specimen of breath of the person concerned was not less than 0,24 milligrams per 1 000 millilitres of breath taken 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 0,24 milligrams per 1 000 millilitres at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,10 milligrams per 1 000 millilitres at the time of the alleged contravention.
(7) For the purposes of subsection (5) the concentration of alcohol in any breath specimen shall be ascertained by using the prescribed equipment.
(8) Any person detained for an alleged contravention of any provision of this section shall not-
(a) during his or her detention consume any substance that contains alcohol of any nature, except on the instruction of or when administered by a medical
practitioner;
(b) during his or her detention smoke until the specimen referred to in subsection (3) or (6) has been taken, as the case may be.
(9) No person shall refuse that a specimen of blood, or a specimen of breath, be taken of him or her.
Section 66: Unauthorised acts in relation to vehicle
(1) No person shall, without reasonable cause or without the consent of the owner, operator or person in lawful charge of a vehicle-
(a) set the machinery thereof in motion;
(b) place such vehicle in gear;
(c) in any way tamper with the machinery, accessories or parts of such vehicle; or
(d) enter or climb upon such vehicle.
(2) No person shall ride in or drive a vehicle without the consent of the owner, operator or person in lawful charge thereof.
(3) No person shall without lawful excuse tamper with a vehicle or with any part of the equipment or the accessories of any vehicle or wilfully damage it, or throw any object at any such vehicle.
(4) No person shall without the written consent of a registering authority remove, alter, obliterate or mutilate the engine number or chassis number, or any part of such engine number or chassis number, of a motor vehicle or allow it to be removed, altered, obliterated or mutilated.
Section 67: Furnishing false information prohibited
Without derogating from any other provision of this Act, no person shall-
(a) in connection with any application under this Act; or
(b) in connection with the furnishing of any information which, to his or her
knowledge, is to be or may be used for any purpose in terms of this Act,
make a declaration or furnish information which to his or her knowledge is false or in any material respect misleading.
Section 68: Unlawful acts in relation to number plates, registration number, registration mark or certain documents
[Heading substituted by s. 18 (a) of Act 64 of 2008.]
(1) No person shall use, display or manufacture any number plate which does not comply with the prescribed specifications.
[Sub-s. (1) substituted by s. 12 (a) of Act 8 of 1998.]
(2) No person shall-
(a) falsify or counterfeit or, with intent to deceive, replace, alter, deface or
mutilate or add anything to a licence number or a licence mark or a similar
number or mark issued by a competent authority outside the Republic; or
[Para. (a) substituted by s. 12 (b) of Act 8 of 1998.]
(b) be in possession of such number or mark which has been falsified or
counterfeited or so replaced, altered, defaced or mutilated or to which anything
has been so added.
(3) No person shall-
(a) falsify or counterfeit or, with intent to deceive, replace, alter, deface or
mutilate or add anything to a certificate, licence or other document issued or
recognised in terms of this Act;
(b) be in possession of such certificate, licence or other document which has been falsified or counterfeited or so replaced, altered, defaced or mutilated or to
which anything has been so added; or
(c) produce any document to be used for the purposes of this Act which differs in format or in content from a document prescribed under this Act.
[Sub-s. (3) substituted by s. 18 (b) of Act 64 of 2008.]
(4) No person shall-
(a) use a certificate, licence or other document issued or recognised in terms of
this Act and of which he or she is not the holder; or
(b) permit such certificate, licence or other document of which he or she is the
holder to be used by any other person.
(5) Where in a prosecution for a contravention of subsection (2) (b) or (3) (b) it is proved that a person was found in possession of a licence number or a licence mark or a similar number or mark or a document which has been falsified or counterfeited or replaced, altered, defaced or mutilated or to which anything has been added, it shall, in the absence of evidence to the contrary, be presumed that such person knew that-
(a) such number, mark or document was-
(i) falsified or counterfeited; or
(ii) replaced, altered, defaced or mutilated with intent to deceive; or
(b) whatever was added to such number, mark or document was added thereto
with intent to deceive.
[Sub-s. (5) amended by s. 12 (c) of Act 8 of 1998.]
(6) No person shall-
(a) with intent to deceive, falsify, replace, alter, deface, mutilate, add anything to or remove anything from or in any other way tamper with the engine or chassis number of a motor vehicle; or
(b) without lawful cause be in possession of a motor vehicle of which the engine or chassis number has been falsified, replaced, altered, defaced, mutilated, or to
which anything has been added, or from which anything has been removed, or
has been tampered with in any other way.
(7) Where in a prosecution for a contravention of any provision of subsection (6) it is proved that a person was found in possession of a motor vehicle, the engine or chassis number of which has been falsified, replaced, altered, defaced, mutilated, or to which anything has been added or removed or has in any way been tampered with, it shall, in the absence of evidence to the contrary, be presumed that such person knew that any such act has been committed in respect of such a number with intent to deceive.
