There has been a lot of misinformation going around about the new law regarding transporting people on the back of bakkies or in the goods compartment of any vehicle, but this is what the new law actually means…
On Thursday, 11 May 2017 it will officially become illegal to transport children in the goods compartment in any vehicle, this refers to the back of bakkies or other goods vehicles, like the boot of a car, hatchback or minibus for a reward.
The keyword in that sentence is reward – this means that people can still be transported in the goods departments if:
There is no reward or fee involved. This means having persons in the goods compartment for recreational purposes is still legal. This law was put in place mainly because of all the road deaths and accidents involving children who were transported to school sitting in the back of bakkies.
If the driver has a permit to do so. The driver has to apply and pay for a permit to do so in compliance with the National Land Transport Act.
What the law says:
The National Road Traffic Regulation 250 states that: "No person shall on a public road carry any person for reward in the goods compartment of a motor vehicle".
- No person shall on a public road convey school children in the goods compartment of a motor vehicle for reward.
- No person shall convey any other person in the goods compartment of a motor vehicle for reward: Provided that the provisions of this sub-regulation shall not apply in respect of a vehicle which complies with the provisions of the NLTA."
Regulation 247 contemplates the circumstances under which persons may be transported in the goods compartment of a vehicle there:
"No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of-”
- at least 350 millimetres above the surface upon which such person is seated; or
- at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion
Why it should be illegal to transport any person in the goods compartment of a vehicle:
“The goods compartment of any vehicle -“ regardless of whether it is a motor car, a bakkie or a truck is not designed for the transportation of people and typically such compartments have none of the safety features which are incorporated in the passenger cabin of such vehicles,” said Howard Dembovsky from Justice Project South Africa.
Dembovsky believes that the transportation of any person in the goods compartment of any vehicle should be entirely prohibited, whether it is for reward or not.
“The goods compartment of any vehicle is not designed for the transportation of people and typically such compartments have none of the safety features which are incorporated in the passenger cabin of such vehicles,” he added.
He insists that safety is the biggest concern: “There exists no seats, no seatbelts, no airbags, no crumple zones, no side-impact protection, no nothing in the goods compartment of bakkies and even where seats are fitted as an aftermarket accessory, these seats or benches are fitted to provide a little more comfort; not to enhance the safety of passengers in the event of a collision.”
“In the event of a collision, those who are being transported in the goods compartment of such vehicles are typically ejected from that vehicle and suffer significantly more severe injuries than those who are in the passenger cabin of the vehicle.”
Source: Arrive Alive
