Question:
I was driving on the N2 Pongola-Durban Highway in clear daylight (I have photos to prove) on 4 Nov 16. As I pulled out of the pineapple stalls, I saw a car with lights on. I scarcely switched my lights on.
A few kilometres from there I was pulled off by a traffic Officer. I really got a fright, although I knew I was not speeding. He told me, I had my brights on and was blinding oncoming traffic. I explained, I had just switched it on and it could still have been on brights from the last evenings driving.
I hardly had time to check or change it, as he pulled me off. Yet, it was still totally full daylight, as my pictures will clearly show.
Further, there was no traffic flicking or showing a sign of being blinded? In fact, I don’t recall any oncoming traffic, since I switched the lights on, before I was pulled off.
This clearly feels like he was bullying me and I wrote on the fine… Daylight … When he quickly pulled the fine off the book.
Can you confirm if this is legal and what I should do next, as I really feel this fine is totally uncalled for and unfair and NO ONE was Harmed by me or my vehicle. Trust you have to agree.
Answer:
The provision you were charged for is copied below – see (3). It is a legal charge. If you feel it was unfairly issued I suggest you make a representation to the public prosecutor
Vehicles to be equipped with certain lamps and times when certain lamps to be lighted
Reg 157. (1) No person shall operate on a public road a motor vehicle unless—(a) all lamps fitted to a motor vehicle as contemplated in regulations 159 to 184 inclusive, are undamaged, properly secured, and capable of being lighted at all times; and
(b) the head lamps, rear lamps and number plate lamps are kept lighted during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres: Provided that the provisions of this paragraph shall not apply to a motor vehicle parked off the roadway of a public road or in a parking place demarcated by appropriate road traffic signs or within a distance of 12 metres from a lighted street lamp illuminating the public road on which such vehicle is parked.
(2) No person shall operate on a public road a motor cycle, a motor cycle with a side car, a motor tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times: Provided that the provisions of this subregulation shall not apply to a motor cycle, motor cycle with side car, motor tricycle or motor quadrucycle manufactured before 31 December 1960 which is used only during the period from sunrise to sunset.
(3) A person operating a motor vehicle on a public road shall extinguish the main‑beam of the light emitted by the head lamp of such vehicle if such main-beam could cause a dangerous glare to oncoming traffic.
Source: ArriveAlive
