Legal City(TM) :: Your Online LEGAL Partner(TM)
2nd Floor, North Block, Bradenham Hall, 7 Mellis Road, Rivonia, 2128
P O Box 837, Gallo Manor, 2052 • E-Mail. info@legalcity.net Telephone. 086 11 78378 • Fax. 086 648 7683
This document has been provided courtesy of Legal City - www.legalcity.net
General Disclaimer: The content of Legal City does not constitute legal, tax or financial advice, nor does it necessarily reflect the views of our management, staff, shareholders, associates, contributors, authors or suppliers. Even though every endeavour has been made to ensure the accuracy of this information we cannot be held responsible for any errors and/or omissions. By using this web site you agree to accept and abide by our terms and conditions. The web site and all its content is copyright © 2000-2014, Legal City CC • This page printed on August 29, 2014 at 10:05:31 pm, SA Standard Time.
Legal City :: Your Online LEGAL Partner

You and Your Rights

Terms and Conditions were
last updated on 3 Aug 2008
qPortal Content Management

You and Your Rights

Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.

Reckless Driving

When bad driving breaks the law

A reckless driver is anyone 'who drives a vehicle in wilful or wanton disregard for the safety of persons or property'.

The offence of reckless driving was summarised in the Appellate Division of the Supreme Court in Rex v Fahamtsa (1941) as 'gross negligence or wilful disregard of the rights of the road users'.

Motorists have been convicted of reckless driving because they:

  • Cut in too soon after overtaking;
  • Drove round a blind corner on the wrong side of the road;
  • Overtook on the crest of a hill;
  • Drove at speed too close to a group of children;
  • Followed another vehicle too closely. If you see a car being recklessly driven, note the vehicle's registration number and report the incident to the police. The more evidence there is, the more likely the police are to act against the driver.

Note, however, that you may have to appear in court if the accused decides to fight the case.

Speeding does not necessarily amount to reckless driving, but might be if it is related to other factors. For example, a motorist travelling at 130km/h along a straight freeway would not normally be guilty of reckless driving (but liable, perhaps, to prosecution in terms of speeding regulations). However, a motorist who drove at that speed in a narrow, busy street used by many pedestrians in town, would be guilty of reckless driving.

Because reckless driving either contains an element of wilful aggression or involves gross negligence, it is more sev-erely punished than driving negligently or without reasonable consideration. On conviction, a fine of up to R12000 or three years' imprisonment or both can be imposed for negligent driving. In the case of a conviction of reckless driving, a fine of R24000 or imprisonment of up to six years, or both can be imposed. Furthermore, the motorist's driving licence may be endorsed, cancelled, or suspended. (See driving; reasonable consideration, driving without.)

Disclaimer :: You and Your Rights
Although we have gone to great lengths to ensure the accuracy of the information contained in this database, it is important to remember that laws, government departments, interest and taxation rates are constantly changing. If you have a particularly difficult problem you are advised to consult a qualified legal authority. The publishers, editors and their representatives cannot accept responsibility for any act or omission arising from consulting the information contained herein.
PLEASE SIGN IN
 USERNAME:
 PASSWORD:
 
GET OUR NEWSLETTER
 YOUR EMAIL ADDRESS:
 
  FRAUD PREVENTION
  WE ARE TRACKING YOU
General Disclaimer: The content of Legal City does not constitute legal, tax or financial advice, nor does it necessarily reflect the views of our management, staff, shareholders, associates, contributors, authors or suppliers. Even though every endeavour has been made to ensure the accuracy of this information we cannot be held responsible for any errors and/or omissions. By using this web site you agree to accept and abide by our terms and conditions.
This web site and all its content is copyright © 2000-2014, Legal City CC • Web site managed with qPortal Content Management v 4.0.0 • This page loaded on August 29, 2014 at 10:05:31 pm, SA Standard Time.