Section 83: Licensing of goods vehicle

83. Licensing of goods vehicle (1) Subject to this Part, no person shall use a goods vehicle for the carriage of goods— (a) for hire or reward; or (b) for, or in connection with, any trade or business carried on by him, except under a carrier’s licence issued under this Part. (2) Notwithstanding this Part, a goods vehicle shall, when used for any purpose, be deemed to have been used for the carriage of goods. (3) “Goods vehicle” means— (a) a motor vehicle, other than a two-wheeled motorcycle; or (b) a trailer, constructed or adapted for use for the carriage of goods. (4) Where a goods vehicle is being used for the carriage of goods— (a) its driver, where the vehicle belongs to him or is in his possession under an agreement for hire, hire purchase or loan; and (b) in any other case, the person whose agent or servant the driver is, shall, for the purposes of this Part, be deemed to be the person by whom the vehicle is being used. (5) (a) Where goods are carried in a goods vehicle, being a vehicle which has been let on hire by the person who at the time of the carriage of the goods is, within the meaning of this Part, the user of the vehicle, the goods shall be deemed to be carried by that person for hire or reward. (b) Where a person uses any motor vehicle, other than a goods vehicle, for the carriage of goods for, or in connection with, the trade or business of another person, he shall be deemed, if the carriage of the goods is not for hire or reward, to carry those goods for or in connection with his own trade or business. (6) For the purposes of this Part— (a) the delivery or collection by a person of goods sold, used or let on hire or hire purchase in the course of a trade or business carried on by him; R27 – 75 [Issue 5] Road Traffic Act (b) the delivery or collection by a person of goods which have been, or are to be, subjected to a process or treatment in the course of a trade or business carried on by him; (c) the carriage of goods in a vehicle which is being used under, and in accordance with the rules applicable to, a motor dealer’s vehicle licence taken out by a manufacturer or dealer or repairer under section 32; or (d) the carriage of goods in a vehicle by a manufacturer, agent or dealer, where the vehicle is being used by him for demonstration purposes, shall not be deemed to constitute a carrying of the goods for hire or reward. (7) This section shall not apply to the use of— (a) a public service vehicle as a bus under a road service licence granted under this Part; (b) a vehicle for the purpose of funerals; (c) a vehicle for police, fire brigade or ambulance purposes; (d) a vehicle for— (i) towing a disabled vehicle; or (ii) removing goods from a disabled vehicle to a place of safety; or (e) (i) a vehicle for a prescribed purpose; or (ii) a vehicle of a specified class or description, where regulations made under this Part provide that such use shall not be subject to this section; or (f) a dual-purpose vehicle or a double cab pickup for the transport of goods or otherwise. (8) (a) Any person who uses a goods vehicle in contravention of this section shall commit an offence. (b) Where a person uses, causes, or permits to be used, a motor vehicle, other than a goods vehicle, for the carriage of goods for hire or reward, he shall commit an offence. [S. 83 amended by s. 31 of Act 18 of 2008 w.e.f. 19 July 2008; s. 23 (e) of Act 27 of 2012 w.e.f. 22 December 2012.]