PassDriving While Under the Influence of Intoxicating Liquor or Drugs
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).
Inconsiderate Driving
No person shall drive a vehicle on a public road without reasonable consideration for any other person using the road.
Reckless or Negligent Driving
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.
Fuel Tank, Electrical Wiring and Battery
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.