It is a serious offence for any person to drive or be in control of a motor vehicle on a public road while exceeding the legally permitted alcohol limit or while under the influence of intoxicating substances. The law sets out the following specific prohibitions:
1. Alcohol Concentration Limits
No person may drive a motor vehicle on a public road if the concentration of alcohol in their body is at or above the prescribed limits:
General Drivers (private motorists):
The maximum allowable concentration is 0,05 grams of alcohol per 100 millilitres of blood.
•This is roughly equivalent to one small drink, but the actual effect varies by body weight, metabolism, gender, and the type of alcohol consumed.
• Even if you feel sober, exceeding this limit is illegal.
Professional Drivers:
For professional drivers (such as those operating buses, taxis, trucks, or any public transport vehicle), the limit is stricter at 0,02 grams of alcohol per 100 millilitres of blood.
•This effectively means that any drinking before driving is unsafe and likely to be illegal.
•The stricter limit is in place to protect passengers, goods, and the public.
2. Driving or Sitting in the Driver's Seat While Impaired
No person may:
•Drive a vehicle on a public road, or
• Sit in the driver's or rider's seat of a motor vehicle while the engine is running,
if they are under the influence of intoxicating liquor or any drug that has a narcotic effect, regardless of the blood-alcohol level.
3. Practical Implications
No person may:
•Zero-Tolerance for Safety:
Any amount of alcohol or narcotic drug can slow reaction times, impair judgment, and reduce coordination.
•Engine Running Rule:
Merely sitting in the driver's seat with the engine running, even if the vehicle is stationary, is considered "driving" in terms of the law.
For example, a person waiting in a parking lot with the engine idling while intoxicated can still be charged.
4. Penalties for Violation
Breaking these provisions can lead to:
•Arrest and criminal charges,
•Heavy fines,
•Suspension or cancellation of a driver's licence, and
•Imprisonment depending on the severity of the offence (such as causing an accident while intoxicated).
No person shall drive a vehicle on a public road without reasonable consideration for any other person using the road.
No person shall drive a vehicle on a public road -
• recklessly or negligently, and
• in a manner that wilfully disregard the safety of persons or property.
A heavy motor vehicle may not be used on a public road-
• if the fuel tank, carburettor, fuel receptacle or fuel pipes thereof is defective or so exposed that it constitutes a source of danger,
• if the fuel tank is not fitted with an effective cap, or
• unless the electrical wiring and battery are properly installed, insulated and maintained so that such wiring and battery do not constitute a source of danger.