bona fide professional domiciliary visits a motor vehicle on which is displayed a badge conforming with the requirements of subsection (2) hereof issued to him or her on the authority of the Chief Constable by the Natal Coastal Branch of the Medical Association of South Africa or the employer body, as the case may be.(P.N. 514/85)
(2) (a) The badge shall be a windscreen sticker badge of a design approved by the Chief Constable displaying on the face thereof, a serial number, the name of the issuing body and the name of the person to whom it is issued.
(b) The badge shall be displayed on the lower nearside corner of the windscreen and shall have a pocket in which is inserted a white card showing the address at which the holder of the badge is actually making a professinal domiciliary visit at the time the motor vehicle to which it is affixed is parked. The address shown on the card must be easily legible from outside the vehicle.
(3) (a) Written application for the issue of a badge shall be made in a form approved by the Chief Constable to the Director of the Natal Coastal Branch of the Medical Association of South Africa, the Regional Director of State Health Services, Durban, the Director of Provincial Hospital Services, Pietermaritzburg or the City Medical Officer of Health, Durban, as the case may be, and if such person approves the application he shall submit it to the Chief Constable who may in his discretion authorise the body concerned to issue the approved badge bearing the registered serial number to the applicant.
(b) The Chief Constable shall keep a register in which he shall record the serial number allocated by him of the badge the issue of which has been authorised by him and the name of the holder.
(c) No duplicate badge shall be issued without the prior consent of the Chief Constable.
(d) Where the Chief Constable has reason to believe that any holder is abusing the priviledges conferred by a badge he shall notify the issuing body which shall thereupon withdraw the badge from the holder and the privileges conveyed by the badge shall thereupon cease.
(P.N. 423/74; 72/82)
Prohibitions and Restrictions on Use of Certain Roads by All or Certain Classes of Vehicles
9. (1) (a) Except with the written permission of the Chief Constable, no person shall operate any animal drawn vehicle on any public road within the Old Borough of the City as defined in Part 1 of the Seventh Schedule to Ordinance No. 10 of 1953.
(b) In granting any permission in terms of (a) hereof, the Chief Constable may impose any restrictions or conditions that he may deem necessary in the interest of traffic.
(P.N. 211/76)
(2) No person shall drive or cause to be driven any goods vehicle or animal-drawn vehicle upon any public road within the area bounded by St. Andrew's Street, Victoria Embankment, Russell Street and Maydon Road (commonly known as Albert Park) except for the purpose of delivering or removing goods to and from such area.
(3) No person shall drive a vehicle in or along any of the following roads except across that portion of any such road which falls within its intersection with another road not listed hereunder: Mercury Lane, Mark Lane, Murchie's Passage, School Lane, Plowright Lane, Trafalgar Street, Mulberry Lane, Rochester Street; that portion of 15 m right-of-way on the northern boundary or subdivision F of Point Road Extension, between Gillespie Street and the western boundary of Sub. 1 of G and Shamrock Lane and that portion of Mission Lane between Point Road to a line joining the south-east beacon of Sub. 10 of F Block Point Road Extension to the north-east beacon of Sub. 11 of E Block Point Road Extension both of Town Lands No. 1737 and the 3 metre lane between Lots 267 and 268 both of Block C of the Town Lands of Durban No. 1737 and the south-eastern portion of the unnamed road through Albert Park, from the turning circle to its intersection with Victoria Embankment.
(P.N. 575/66; 19/68; 266/68; 450/70; 211/76; 183/86)
(4) Except with the written permission of the Town Clerk no person shall cause, permit or allow any motor vehicle to be in or on Church Street between its intersection with Smith Street and its intersection with West Street or in or on Church Street between its intersection with West Street and its intersection with Pine Street.
(P.N. 582/84; 201/87)
(5) Except with written permission of the City Engineer, no person shall cause, permit or allow any motor vehicle to be in or on West Street between its intersection with Marine Parade and its intersection with Gillespie Street and pedestrian areas contiguous thereto; provided that notwithstanding the aforegoing, it shall be lawful for a person to operate a vehicle in or on the said portion of West Street during such period or periods as may be indicated by notice erected thereat where it is necessary to do so in order to deliver goods to and/or to collect goods from premises abutting the said portion of West Street.
(P.N. 34/88)
(6) Except with the written permission of the City Engineer (which shall be displayed on the inner side of the front windscreen of the motor vehicle concerned as far as possible to the left of the driver, in such a manner that information shown thereon shall be clearly visible from the outside of the vehicle, or, in the event of such vehicle not having a windscreen, in a conspicuous position on the side of the vehicle to the left of the driver), no person shall cause, permit or allow any motor vehicle to be in or on any portion of the Brook Street pedestrian area adjacent to the south-eastern boundary of the Berea Road Railway Station, such area being more fully described as follows:
Commencing at the western kerb of Brook Street at its intersection with Victoria Street then in a westerly direction along the Victoria Street kerb to its intersection with Russel Street, north along the edge of the pavement of Russell Street, but excluding this pavement area, to the north-eastern corner of the Russell Street pedestrian underpass, south-west on the south-eastern wall of the pedestrian underpass to the south-western end thereof, east along the abutment to Victoria Street extension to the western kerb line of Russell Street, south along the Russell Stret kerb to a point opposite the southern wall of the existing Public Toilet Block, west to the eastern wall of the Public Toilet Block north along this wall then west along the northern wall of the Public Toilet Block and the projection of this line to the cemetery boundary, north then north-west along the cemetery boundary wall then south-west along the cemetery boundary wall to a point opposite the northernmost parking bay of the Brook Street Car Park, north-west to the kerb of the Brook Street Car Park then following the curvilinear path of this kerb towards the Berea Road Railway Station and then south-east to a point directly opposite to the break in the Brook Street central parking meridian, north-west to the South African Transport Services property boundary, north-east along this boundary, but excluding the existing sets of steps leading to the Berea Road Railway Station concourse, to the intersection of this boundary with the Brook Street road reserve, south along the western kerb of Brook Street to the starting point.
(P.N. 99/89)
Ricksha Pullers : Prohibited Areas and Hours
10. No person shall -
(a) operate a ricksha upon any public street within the area bounded by Aliwal Street, Pine Street, Soldier's Way, Alice Street, Grey Street, Pine Street, Cathedral Road, Russell Street and the Victoria Embankment, during the periods 7.30 a.m. to 8: 30 a.m. - Mondays to Saturdays, Public Holidays excluded, and 4: 30 p.m. to 5: 30 p.m. - Mondays to Fridays, Public Holiday excluded;
(P.N. 496/68)
(b) notwithstanding the provisions of paragraph (a) hereof, operate a ricksha in -
(i) those portions of Smith Street and West Street between Aliwal Street and Russell Street;
(ii) the Victoria Embankment between Russell Street and Aliwal Street;
(iii) Pine Street between Grey Street and Gardiner Street;
(iv) Broad Street between the Victoria Embankment and West Street;
(v) Grey Street between West Street and Pine Street;
(vi) Field Street between the Victoria Embankment and Pine Street;
(vii) Gardiner Street between the Victoria Embankment and Pine Street; and
(viii) all streets contained within the blocks bounded by Broad Street, Smith Street, Gardiner Street, and the Victoria Embankment;
(P.N. 496/68)
(c) ply for hire with a ricksha upon any public road within the City between the hours of 7 p.m and 5 a.m. on any day.
(P.N. 184/63; 575/66)
Pedestrians, Duties of
11. (1) (a) Where marked pedestrian crossings are in existence within an intersection, no pedestrian shall cross or attempt to cross such intersection except within any such marked pedestrian crossing.
(b) Wherever a robot (or traffic control light signal) embodying pedestrian signals is in operation at an intersection, no pedestrian shall commence to cross the roadway in any pedestrian crossing at such intersection while the red light of a pedestrian signal is displayed in the direction opposite to that in which he is proceeding; provided that where no pedestrian signals are in operation at an intersection, but such intersetion is controlled by a robot (or traffic control light signal), no pedestrian shall commence to cross the roadway in any pedestrian crossing at such intersection while the red light of such robot, or traffic control light signal is displayed in the direction opposite to that in which he is proceeding.
(c) Wherever a robot (or traffic control light signal) embodying pedestrian signals is in operation at a pedestrian crossing elsewhere than at an intersection, no pedestrian shall commence to cross the roadway in such pedestrian crossing when the red light of a pedestrian signal is displayed in the direction opposite to that in which he is proceeding.
(2) A pedestrian crossing the roadway within a demarcated pedestrian crossing, whether at an intersection or otherwise, shall walk on the left of such pedestrian crossing.
(3) No person or persons shall sit or lie on any sidewalk, footpath or public road, neither shall any persons stand, congregate or walk so as to obstruct the movement of traffic or to the annoyance or inconvenience of the public after being requested by a police officer to move on or disperese.
(4) No pedestrians, when in or upon a public road, shall carelessly, negligently or recklessly disregard or endanger his own safety or the safety of any person or vehicle using the public road.
(5) Repealed (P.N. 319/65; 513/67; 205/70; 315/73)
(6) Deleted by P.N. 284/80.
(P.N. 468/68; 291/72; 43/79)
Taximeters to be Affixed to All Taxis
12. (1) Every taxi plying for the hire in the City shall be fitted with a taximeter in compliance with this Bylaw.
(2) The taximeter shall be fitted to the taxi in such a position that the dial be plainly visible to any passenger in the rear seat of the taxi, and at night time the dial shall be illuminated so as to be so visible.
(3) The dial of a taximeter fitted to a taxi shall at all times be kept free of all forms of obstruction and such taximeter shall be calibrated to record the distance travelled in metric units.
(P.N. 291/72)
(4) After a taxi has been fitted with a taximeter it shall be submitted to the Chief Constable, who, if he is satisifed that the requirements of this Bylaw have been complied with and that the taximeter is in good and correct working order, shall fix his official seal to the taximeter on payment of the prescribed sum.
(P.N. 508/76)
(5) Every taximeter shall be maintained in good working order, with the seal intact.
(6) Whenever a taximeter requires repair or readjustment, it shall be submitted to the Chief Constable, who shall destroy and remove the seal therefrom. After any taximeter has been repaired or readjusted, or whenever the seal upon any taximeter has been inadvertently broken or damaged, the Chief Constable, upon application, on being satisfied that such taximeter is in good and correct working order, shall affix a fresh seal thereto on payment of the prescribed sum.
(P.N. 508/76)
(7) (a) The driver of any taxi, fitted with a taximeter, which has been hired shall, as soon as he has been hired, and not sooner, set the taximeter in motion and shall stop it immediately upon the termination of such hiring.
(b) Immediately upon the occurrence of any stoppage of any taxi, except a stoppage caused by a traffic congestion or a stoppage in obedience to a direction by a passenger, the driver shall stop the taximeter, indicate such stoppage on the taximeter, and shall not restart the taximeter until such stoppage has ended.
(8) The driver of a taxi shall at all times have available in the taxi a copy of this Bylaw and shall produce the same for inspection by any passenger or police officer at any time upon demand.
(9) It shall be an offence for any person -
(a) to destroy, break or tamper with the seal upon any taximeter, unless it is proved that such destruction or breaking was not wilful;
(b) to adjust, tamper or interfere with any taximeter or any fitting hereof so as to cause the taximeter to register a fare other than the correct fare authorised and chargeable by law.
(10) The driver of any taxi (except a taxi registered under the laws governing the registration of motor vehicles at some place outsdie the City of Durban which is plying for hire from a point outside the City to a point within it or vice versa) shall be guilty of an offence who within the City -
(a) plies for hire with a taxi which is not fitted with a taximeter in good and correct working order with the Chief Constable's seal intact;
(b) plies for hire with a taxi which is fitted with a taximeter, duly sealed, but is fitted with tyres of a size different from those specified for use with such taximeter;
(c) plies for hire with a taxi which is fitted with a taximeter, duly sealed, but whose tyres are inflated to a lower pressure than the pressure prescribed therefor, unless it is proved such lower pressure has not been wilfuly caused;
(d) contravenes sub-section (7) or (8) of this Bylaw.
(11) No person travelling in a taxi shall, without lawful cause, fail or refuse to pay the legal fare therefor as recorded on the taximeter.
(12) The driver of a taxi, when engaged, shall drive to his destination by the shortest route, unless otherwise directed by the hirer.
(13) Where a public motor vehicle which is designed or adapted solely or principally for the conveyance of not more than nine persons (including the driver) and which falls into a category of taxis for which not tariff has been approved or laid down as envisaged by the provsions of section 21(3)(f) read with section 13(1)(c) of the Road Transportation Act, 1977, is fitted with a taximeter, the provisions of subsections (2) to (12) of this section shall, whilst it is plying for hire in the City, applymutatis mutandis to such vehicle as if such taxi fell into a category of taxis for which such a tariff has been approved or laid down as aforesaid.
(P.N. 313/67; P.N. 508/76; 176/89)
Motor Vehicle Attendants
13. (1) No person shall act as motor vehicle attendant within the City, except under authority of a written permit granted by the Chief Constable, which permit the Chief Constable may grant , subject to such conditions as he may determine, or refuse.
(2) Every permit granted in terms of subsection (1) hereof shall, unless cancelled or suspended in terms of subsection (6) hereof, be valid until the 31st December of the year of issue.
(3) No person authorised in terms of this Bylaw to act as a motor vehicle attendant shall charge more than fifty cents for his services in connection with any one motor vehicle.
(P.N. 676/73; 521/88)
(4) (Deleted by P.N. 521/88)
(5) Every motor vehicle attendant shall, upon demand by a member of the Durban City Police Force or a member of the public who engages or proposes to engage his services, produce the permit issued to him in terms of subsection (1) hereof.
(6) A permit granted in terms of subsection (1) hereof may be revoked or suspended by the Chief Constable if the holder thereof -
(a) commits a breach of this Bylaw or of any condition subject to which the permit was granted;
(b) leaves unattended any motor vehicle left in his care;
(c) while performing his duties as a motor vehicle attendant, is or becomes intoxicated;
(d) directs the driver of any motor vehicle into an area in which the parking or stopping of vehicles is prohibited;
(e) fails to observe or carry out the lawful instructions of any member of the Durban City Police Force.
(7) With the exception of a person holding a permit issued in terms of subsection (1) hereof who has been authorised by the Chief Constable in writing specifically or generally to do so, or who is acting on the authority or under the control of an Officer or Sergeant of the Durban City Police Force, no person shall -
(a) on more than one occasion within any period of 30 minutes direct or offer to direct the driver of any motor vehicle into any area on a public street or public place; or
(b) in a public street or public place make an offer to provide care for or supervision of a motor vehicle whilst it is parked in such street or place.
(P.N. 165/87)
(8) No person shall in a public street or public place -
(a) clean or wash any motor vehicle; or
(b) offer to clean or to wash any motor vehicle.
(P.N. 165/87)
(9) No person shall in a public street or public place inform or threaten the driver or person in charge of a motor vehicle that such vehicle will or may suffer damage or be stolen unless it is left in his care or under his supervision.
(P.N. 165/87)
(10) If on a charge of contravening any of the provisions of this section the accused person avers that the driver or person in charge of a motor vehicle made a request of him concerning the motor vehicle, the onus of proof in respect thereof shall rest upon the accused person.
(P.N. 165/87)
Penalties
14. Any person who contravenes any of the provisions of these Bylaws shall be guilty of an offence and shall be liable on conviction to a fine not exceeding R200 in the case of a first conviction, or in the case of a second or subsequent conviction, for the same offence, a fine not exceeding R400, or in default of payment of any fine imposed in either case, imprisonment for any period not exceeding three months.
(P.N. 575/66; 241/76)
Repeals
15. The following Bylaws are hereby repealed, with effect from the date of promulation hereof:
(1) The Motor Vehicle and Vehicle Bylaws of the City Of Durban, published under Provincial Notice No. 325 of 1938 (English version), as amended, and Provincial Notice No.322 of 1956 (Afrikaans version), as subsequently amended.
(2) Bylaws 1 and (1)(a), paragraphs (a) to (l) (inclusive) and paragraph (y) of Bylaw 2, Bylaws 4 to 13 (inclusive) and Bylaws 16,17, 21, 31 and 33 of the General Bylaws of the City of Durban, published under Provincial Notice No. 26 of 1914, as subsequently amended (English version), and Provincial Notice No. 67 of 1956, as subsequently amended (Afrikaans version).