Curb on bakkie use by pupils

Regulations amended to make it illegal to carry school kids on back of vehicle

IT will soon become illegal for people to be paid to transport children in the back of a bakkie. The Department of Transport has added a subsection to regulations contained in the National Road Traffic Act, specifically aimed at safeguarding schoolchildren.

But transport activists are concerned the new regulations do not go far enough to halt bakkie deaths.

The regulations come into effect on May 1.

Regulation 250 of the act previously stipulated that “no person shall on a public road carry any person for reward in the goods compartment of a motor vehicle”.

Now the department has added a provision aimed at schoolchildren.

Transport department spokesman Ismael Mnisi said, however, there would be some exceptions.

“The only exclusion made is for employers who transport their labourers, but that number cannot be more than five. They also have to apply for a permit to do so,” he said.

Justice Project South Africa chairman Howard Dembovsky said existing laws needed to be effectively enforced before any amendments were made.

“If you expect to adjust human behaviour by writing more laws rather than enforcing the current laws, it’s not going to work [because] laws are only as good as their enforcement.”

Dembovsky said the amendments relaxed the initial provision, rather than enhancing road safety.

“It’s taken the previous provision and said it is now unlawful to permit schoolchildren on the back of a bakkie unless you apply for a permit,” he said.

“You must not do it if you don’t pay for the privilege to transport people on the back of a bakkie, but if you pay for it, by applying for a permit, then it’s cool.”

He said it had been suggested by the department’s spokesman that the maximum number permitted on the back of a bakkie would be released for public comment.

“The number suggested was five, but you tell me, what difference is there really between five and six people?” Dembovsky said.

“When that vehicle crashes, all those people will be flung out of the car because there are no seatbelts in that part of the car.

“If five people die, is it less serious than six? No. So, how does this enhance road safety?”

Advocate Johan Jonck, from Arrive Alive, said the legislation was put forward because too many pupils had been injured or killed in crashes involving bakkies.

Jonck said enforcement of the law would be a key factor in its success.