The SCA has turned down an appeal by the Transport Ministry against Brackenfell trailer companies who were constantly receiving fines for traffic violations racked up by customers renting from them.

A Cape Times report says section 73(2) of the National Road Traffic Act stipulates that for any prosecution relating to the driving of a vehicle, it is necessary to prove who was the driver of the vehicle, even if it is parked.

The Act notes that traffic violations are captured on cameras which can only photograph the rear number plate of the vehicle. Because in many instances this is obstructed by the trailer in tow, the camera captures the number plate of the trailer.

As a result, the prosecuting and traffic authorities instituted criminal proceedings against the owner of the vehicle whose registration number – in these instances the number plate of the trailer – is captured by the camera.

The respondents owned many trailers that were registered in their respective names. Tired of the fines, they sought a declaratory order that section 73 of the Act should not apply to trailers towed by vehicles belonging to their customers.

In March 2019, the High Court granted them an order, but the Minister appealed.

SCA Judge Xola Petse has now dismissed the appeal with costs.

‘Although a trailer is a ‘vehicle’, it is nonetheless clear that section 73(1)’s central focus is the driver of the vehicle who has allegedly committed an offence in the course of driving the vehicle concerned on a public road. Thus, in essence, this section provides that in a prosecution relating to the driving of a vehicle, it is necessary to prove who was driving such vehicle,’ he said.

Full Cape Times report (subscription needed)

Judgment