Section 171b of the road accident fund act of 1996,1 the act as amended by the. A glance at the road accident fund amendment bill raf bill. Road accident fund transitional provisions act south african. The road accident fund raf is a creature of statue which was governed by the raf act 56 of 1996 up until the 31 july 2008. The practitioner performing the injury assessment has to.
Parliament passes the motor vehicles amendment bill. The raf has established a juristic entity known as the road accident fund fund. Objectives of the act the rafa is the law, which regulates and administers the compulsory road accident insurance. Alternative method of compensation or payment of compensation on structured formulae basis sec 163 a. The road accident fund raf is a statesupported insurance fund that provides compensation to the victims of road accidents in south africa. Ninetyseven per cent felt the bill should be supported by all the parties since it was important to bring down fatalities due to road accidents, currently the highest in the world at 1. With a proposal of 68 amendments to 233 sections and the insertion of 28 new sections in. Laws 23 of1953, 31 of1953, 5 of 1954, 16 of 1956, 30 of1956, 23 of1957, 6 011959, 15 of1960, 20 of 1960, 11 ofl%l, 14 of 1962.
The act road safety fund was established in july 2015 to fund projects and initiatives related to road safety research and education and road trauma prevention, in support of the governments road safety strategy. Welcome to the road accident fund claims department of. We have offices in durban and in pretoria, as well as consultation facilities throughout the. Rank list for the post of office attendantwalk in interview held on 782018. Rajya sabha passes motor vehicles amendment bill 2019.
The road accident fund amendment act 19 of 2005 came into effect on 1 august. The raf amendment act 19 of 2005, which came into effect on 1 august 2008, includes new regulations regarding who can claim from the raf, as. Amends financial supervision of the road accidents fund act 8 of 1993. Contacted 731 by local, highly regarded technical recruiting firm about opportunity with af group to write policyprocedure documentation. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Learn about the interview process, employee benefits, company culture and more on indeed. Pdf the interpretation of the amended raf act 56 of 1996 and the.
According to this test the medical practitioner should consider if the injury has. National road traffic act south african government. Under the act, compensation for hit and run victims comes from a solatium fund. The motor vehicle act amendment bill 2017 is an important legislation as it will radically change the 30yearold law. The goal of this book is to equip the reader with a broad base of knowledge about road safety. Welcome to the road accident fund raf road transportation is a critical element supporting and directly contributing to growth in any economy. The act also proposes the recall of defective vehicle parts by auto companies, holding builders accountable for poor quality infrastructure and making vehicle owners criminally liable for violations committed by juvenile drivers, reported the economic times india today quoted gadkari as saying that roughly 1. The transitional act was introduced to address the constitutional court judgment in mvumvu and others v minister of transport and another 2011 2 sa 473 cc. Road traffic the road traffic act ministry of justice. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Out of service penalty for denial of access to records.
Special emphasis for safety of vulnerable road users. The liability of the fund or an agent regarding any tariff contemplated in subsections 4a, 5 and 6 shall be based on the tariffs for health services provided by public health establishments contemplated in the national health act, 2003 act no. Road safety committee and national road safety fund 2. The road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving motor vehicles within the borders of south.
The bill creates a new motor vehicle accident fund in addition. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. The proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence. To amend the road accident fund act, 1996, so as to authorise the fund to make financial contributions to road safety projects and programmes approved by the minister. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. S 4 amends financial supervision of the road accidents. Although the amendment act also abolishes a motor vehicle accident victims common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants. The governing law or act, was amended in august 2008 by the what is known as the raf amendment act 19 of 2005.
Rectifying the mvumvu disparity the road accident fund. Dec 18, 2014 the road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving motor vehicles within the borders of south. The mec filed a special plea wherein it was pleaded that in terms of section 17 of the road accident fund act 56 of 1996, as amended, raf act the plaintiff was obliged to sue the raf exclusively as her injuries were caused by or arose as a result of the accident. Is an undertaking in terms of section 174a of the road. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. The next round of the act road safety fund is now open to the community. Subject to section 281, the multilateral motor vehicle accidents fund established by the agreement concluded between the contracting parties on 14 february 1989, shall cease to exist, and all money credited to that fund immediately before the commencement of this act shall vest. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. Apr 03, 2017 find 88 questions and answers about working at road accident fund. A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an assessment prescribed. The motor vehicles amendment bill, 2019 seeks to amend the motor vehicles act, 1988 to provide for road safety. The law on the maintenance and adoption of private roads in england and wales is highly complex.
It is largely contained in part xi of the highways act 1980. A complete collection of primary and secondary legislation relating to the road accident fund. Be it enacted by the parliament of the republic of south africa, as follows. Salient features of motor vehicles amendment act, 2019 motor vehicle accident fund. An analysis of the apportionment of damages act 34 of 1956 in. Amended by national land transport transition act 22 of 2000. Hpcsa serious injury narrative test guideline edeling.
Every time you purchase petrol or diesel, you automatically contribute to a statutorily prescribed levy, which is used to finance the fund. The road accident fund act 56 of 1996 has for many years been a bone of contention between lawyers, the government and physicians. Section 1 of the road accident fund act, 1996 act no. Is an undertaking in terms of section 174a of the road accident fund act 56 of 1996 sufficient to include cost of a domestic assistant. The road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle. Motor vehicles accident compensation under the mv act. The road accident fund or raf was set up as a public entity to pay compensation for accidents relating to injuries sustained on public roads and the medical expenses associates with these injuries. An analysis of the apportionment of damages act 34 of 1956. Amendment to the motor traffic act driving licenses for light vehicles are issued in two. Under which circumstances does the raf have a right of recourse against the owner andor driver of a motor vehicle in terms of section 252 and 3 of the raf act 56 of 1996. The motor vehicles amendment bill, 2019 insightsias. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of. The road accident fund amendment bill, 2017 gert nel inc.
A motor vehicle accident fund will provide compulsory insurance cover to all road users in india for certain types of accidents including treatment of the persons injured in road accidents following the scheme framed by the central government tba. With a fund already existing to provide compensation for hit and run accidents, the purpose of the new accident fund is unclear. Road accident fund transitional provisions act, 2012. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996.
This act limits the road accident funds liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. Changes to road accident fund compensation dsc attorneys. Road accident fund archives page 2 of 3 medical experts. Ada 7 of 1963, 17 of1963, 5 of l%4, 20 011964, 15 of1967, part i. One of the main results is that for claims arising from accidents occurring after 31 july, 2008, the road accident fund is liable for compensating the victims of road accidents for general damages for pain and suffering, only in the case of serious injury. The road accident fund act 56 of 1996 and serious injuries. Road accident fund the criteria for claiming youtube.
The motor vehicles and road traffic amendment bill, 2017. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. Amended by nrt amendment act 8 of 1998 from1 aug 2000. This new part would specify that compliance with the act is a condition of a driving permit and the registration of a motor vehicle. I interviewed at accident fund lansing, mi in august 2019. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries sustained and death benefits to dependants of breadwinners killed in traffic collisions. The compensation paid by the fund is determined by the rafa and regulations.
Many, recently would have noted the judgement in the matter of k p mphirime v raf 2016 unreported, as the honourable judge stated that a case was made out that the plaintiff would be entitled to be paid for the costs of employing a domestic assistant. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. While road safety in the eu has improved greatly in recent decades and eu roads are the safest in the world, the number of deaths and injuries is still far too high this is why the eu has adopted the vision zero and safe system approach, to eliminate deaths and serious injuries on european roads the eu works closely on road safety with the. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no. There is hereby established a juristic person to be known as the raf. The road safety fundamentals textbook introduces fundamental concepts of road safety. Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. S 10 amended by revenue laws amendment act 19 of 2001.
Road accident fund claim home campbell attorneys road. Wpi or narrative test as provided for in the regulations, the minister of. Clause 8 would amend section 19 of the act by making failing to register the transfer of a vehicle a traffic violation. Road accidents definition of road accidents by the free. Transport in a calabash introduction in order to manage and control the use of south african roads and in order to ensure that the vehicles and drivers that operate on these roads are safe and competent, the. We have offices in durban and in pretoria, as well as consultation facilities throughout the country, so we are able to assist with road accident fund. Road accident fund claims legal articles legalwise. Briefly, a private or unadopted road is by definition a highway not maintainable at public expense. Road accidents in india take more lives than natural disasters and diseases do and these figures are on the rise. In 2005, the road accident fund raf act was amended. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Build road safety management capacity the creation of multisectoral partnerships and designation of lead agencies with the capacity to develop national road s. A plaintiff may use either of the two tests to establish serious injury and in.
Hpcsa serious injury narrative test guideline current south african road accident fund raf legislation requires a medical determination of the seriousness of injuries sustained in motor vehicle accidents to determine whether the claimant is entitled to a claim for general damages. With the aim of addressing this problem, the pending motor vehicles amendment bill 2016 is an attempt to create an exhaustive and comprehensive legislative framework for road safety in india. The raf is a fund that assists with compensating victims of a motor vehicle accident accident for certain damages suffered. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act 15 of 2012. Clause 9 would amend the act by inserting a new part iia to provide for traffic violations. Legal succession to the south african transport services act, 1989 act 9 of 1989 national railway safety regulator act, 2002 act 16 of 2002 invitation for comments on the draft railway safety bill. National road traffic amendment act 20 of 2003 national road traffic amendment act 64 of 2008 w.
The raf provides personal injury and, when applicable, death. Regulations regulation 23 of the regulations made in terms of s 26 of the road accident fund act 56 of 1996. Act road safety fund justice and community safety directorate. This act limits the road accident funds liability for compensation in respect. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and. This act limits the road accident funds liability for compensation in respect of claims for nonpecuniary loss. Although the amendment act also abolishes a motor vehicle accident victim s common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants loss of support arising from the bodily injury or death of a victim of a motor vehicle accident, this article deals only with the general damages aspect. National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators. Act to amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. Road safety programmes using kerala road safety fund guideline. Road accident fund act 56 of 1996 the act defines a motor vehicle as. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa.
The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Postaccident medical claims and the raf arrive alive. The motor vehicles amendment bill, 2019, which seeks to amend the motor vehicles act, 1988, has been passed by the rajya sabha. Amends general law third amendment act 129 of 1993. Accident fund regulations, 2008, that the third party suffered a serious injury. The roads and road traffic act chapter 464 of the laws of zambia chapter 464 the roads and road traffic act the roads and road traffic act arrangement of sections part i preliminary section 1. The owner of the motor vehicle of the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim as the case. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. The road accident fund had been created by the road accident fund act, act 56 of 1996 an act is a law passed by the parliament of south africa, which is then signed into law by the president.
Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the multilateral motor vehicle accidents fund. The central government will develop a scheme for cashless treatment of road accident victims during golden hour. These concepts cover areas such as the nature of road safety issues, human behavior in the road environment, and identifying and solving road safety problems. In general, lawyers want to get as much as they can from litigation 1 against the road accident fund raf, 2 government wants to pay as little as possible. Butterworths legislation service, road accident fund act, no. Road accident fund commission act delhi high court. To amend the road accident fund act, 1996, so as to insert new definitions. Two migrant workers from bihar were killed and one injured in a road accident on agralucknow expressway on wednesday morning. The narrative test m slabbert h j edeling summary the road accident fund amendment act 19 of 2005 came into effect on 1 august 2008.