The National Department of Transport plans to amend the National Road Traffic Regulations to prevent documents such as traffic register number certificates, learner’s licences and driving licences from being used as general forms of identification.
The proposed amendments follow a major investigation in 2023, in which the department assisted the Department of Home Affairs. The investigation uncovered widespread misuse of Traffic Register Numbers (TRNs) and other road traffic documents as forms of identification.
“The TRN was created solely to enable people without a South African identity number to transact on the National Traffic Information System (NaTIS) for road traffic purposes while finalising their legal status with Home Affairs. It was never intended to serve as general identification,” the Department of Transport said.
The investigation found that some institutions were accepting TRNs and driving licences as general identification documents.
The department said this practice is contrary to the Identification Act, 1997 (Act No. 68 of 1997), which designates Home Affairs as the sole authority responsible for maintaining the National Population Register and issuing identification documents.
The department added that the amendments are therefore necessary to remove legal ambiguity, prevent abuse and align road traffic legislation with the Identification Act.
1. Amendment of Regulation 1 – Definition of Acceptable Identification
Regulation 1 will be amended to exclude TRNs and all other documents issued under road traffic legislation from the definition of acceptable identification.
Under the amended definition:
(a) For a person who is not permanently resident in the Republic, acceptable identification means an unexpired passport issued by the person’s country of origin, accompanied by the relevant permit issued by the Department of Home Affairs in terms of the Immigration Act, 2002 (Act No. 13 of 2002);
(b) For a company, acceptable identification means a certificate of incorporation, registration certificate, memorandum of incorporation or name-change certificate issued in terms of the Companies Act, 2008 (Act No. 71 of 2008);
(c) For a close corporation converted into a company, acceptable identification means the certificate of incorporation issued to the company in terms of Schedule 2 of the Companies Act, 2008.
In effect, a TRN, learner’s licence or driving licence will no longer be regarded as an identification document.
2. Amendment of Regulation 335 – Control of Traffic Register Numbers
Regulation 335 will be amended to tighten controls over TRNs:
(a) Paragraph (b) of subregulation (1) and paragraph (b) of subregulation (2), which recognise a TRN as a form of acceptable identification, will be deleted;
(b) Subregulation (4) will be amended to require a TRN holder who obtains any other form of acceptable identification to notify the registering authority on form ANR within 21 days and surrender the TRN certificate;
(c) A new subregulation (6) will provide that a TRN is valid only for the validity period of the passport and permit submitted when it was obtained;
(d) A new subregulation (7) will require all natural persons holding a TRN certificate that does not reflect a validity period to apply for a new certificate within three months of the Regulations coming into effect.
How will the regulations be published for public comment?
The proposed amendments will be published for public comment in accordance with the National Road Traffic Act, 1996 (Act No. 93 of 1996).
Interested parties and affected institutions will have 30 days from the date of publication in the Government Gazette to submit written comments.
All submissions will be considered before the final Regulations are published. -SAnews.gov.za
