New law on bakkie transport for school children a step in the right direction – AA

According to the Automobile Association, tn terms of Regulation 250 of the National Road Traffic Act (NRTA), from Thursday no person will be allowed to transport children in the goods compartment of a vehicle for reward.

According to the AA, this regulation is to be cautiously welcomed.

“The introduction is a step in the right direction insofar as it puts the issue of scholar transport high on the road safety agenda.

“It also means those business operators who are taking children to school in vehicles which are either unroadworthy, or not designed for person transport (such as bakkies), will need to repair or replace their vehicles,” the AA noted.

However, the Association noted, the regulation places a burden on parents whose only means of transporting their children to school is via these operators, who may, or may not, be in a position to follow the rules.

“Many parents simply don’t have a choice but to use operators whose vehicles are in a poor state. It’s a decision based on giving your child an education or not.

“For this reason, more reliable, accessible, safe public transport is essential, especially in rural areas, where bakkie transport is more common,” the AA said.

Regulation 250 also prohibits the transport of other persons in the goods compartment of vehicles for reward, unless they are enclosed in a canopy, and are not seated near any goods or tools.

This regulation is aimed at improving the safety of passengers on the back of bakkies.

“This, again, is part of the regulation to be welcomed. However, while we believe transporting of passengers in this way is dangerous, and should be banned, it is nonetheless a step in the right direction to improving the safety of those being transported,” the Association said.

The AA also re-iterated a previous message to motorists that Regulation 250 is, in fact, the only regulation coming into force on Thursday.

“There has been a lot of talk, especially on social media, about the reduction of speed limits, the curbing of trucks on public roads at specific times, and how drivers will have to undergo an entire new driving test to renew their licenses.

“None of this is happening on Thursday. These were proposals contained in earlier documents from the Department of Transport, but none have accepted, or enacted, in any way,” the AA concluded.

The Department of Transport has also lauded the regulation as being a giant stride in the right direction for road safety.

Law for All  said: “It is no secret that the overfilling of taxis and bakkies has resulted in thousands of young, innocent children losing their lives on their way to school.

“While there are many contributing factors to this, government aims to put a stop to the unnecessary deaths of pupils with amendments to laws relating to scholar transport.”

In essence all this means that nobody may be transported in any section of a vehicle (car, bakkie, hatchback or minibus) that is not designed for people; for example, the boot of a car or the loadbay of a bakkie, for payment.

This then means the so-called “bakkie-taxis”, which are often the only form of public transport for learners in informal areas of the country, will have to stop transporting schoolchildren.

It is understood drivers that don’t obey the law, could face a fine when the vehicle is confiscated or released after being impounded.

According to Law for All, there are strict rules and regulations for drivers who wish to transport children to and from school legally.

Vehicles must:
• Not be older than 12 years old;
• Be registered and licensed in the relevant province;
• Pass a roadworthy test (every six months);
• have a valid operating licence;
• Clearly specify the number of passengers allowed in the vehicle;
• Provide a seatbelt for every child;
• Be clearly marked as a form of ‘scholar transport’;
• Be equipped with a fire extinguisher and first aid kit;
• Have a passenger list of all of the children who are being transported, and
• Have copies of each child’s birth certificate or identity document (ID) in case of an accident.

Drivers must have:
• A professional driving permit/licence;
• A valid ID and important documents (stipulating which kind of vehicle the driver may drive, and the name of the owner or holder of the operating license);
• A first aid certificate;
• A qualification for advanced and defensive driving;
• Another responsible adult driver accompanying in the vehicle when pre-primary and primary learners, or learners with physical, mental or visual needs are transported;
• A letter of agreement with the school or letter from the principal explaining the need for the service, or a letter from the parents;
• A description of the route to and from school; and
• A valid tax clearance certificate from the South African Revenue Service (SARS).

• Parents need to make alternative arrangements

Parents are urged to make new transport arrangements for their children if they have been riding on the bakkie for example for payment.

The first option is to contact the school immediately and find out if it offers transport for learners or could recommend transporting services.

If the school cannot assist, parents should consider coming together and starting a carpool of sorts.

Another option is to touch base with your local government and ask about possible subsidised transport options.