Can you please advise if cyclists are permitted to ride on a freeway or a national road and if you could advise me of therelevant legislation?
No they are not allowed on a freeway. Reg 323 prohibits it.
Special provisions relating to freeways
Reg 323.(1) No person shall operate on a freeway—
(a) a vehicle drawn by an animal;
(b) a pedal cycle;
(c) a motor cycle having an engine with a cylinder capacity not exceeding 50 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (b) of the definition of motor vehicle in the Act;
(d) a motor tricycle or motor quadrucycle;
(e) a vehicle with a mass not exceeding 230 kilograms and specially designed, constructed or adapted for the use of a person suffering from a physical defect or disability; or
(f) a tractor.
(2) No person shall—
(a) be on a freeway on foot except—
(i) within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign;
(ii) for a cause beyond his or her control; or
(iii) in the case of any person performing service in the Citizen Force as contemplated in section 21 of the Defence Act, 1957 (Act No. 44 of 1957), between the junction of an offramp and the junction of an on ramp on the left hand side of the roadway, unless a prescribed road traffic sign forbids the presence of such person on such freeway or junction;
(b) leave or allow an animal to be on a freeway except in or on a motor vehicle or within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign, or leave an animal in a place from where it may stray onto a freeway;
(c) stop a vehicle on a freeway except—
(i) in compliance with a road traffic sign or a direction given by a traffic officer;
(ii) within an area reserved for the stopping or parking of vehicles by an appropriate road traffic sign;
(iii) for any cause beyond his or her control; or
(iv) in an area referred to in paragraph (a)(iii) for the purpose of allowing persons so performing service there to board or alight from such vehicle;
(d) give a hand signal when driving a motor vehicle on a freeway except for a cause beyond his or her control.
(3) In a prosecution for a contravention of subregulation (2)(b), it shall, in the absence of evidence to the contrary, be presumed that an animal was left or allowed on the freeway or place concerned by the owner of such animal.
(4) The provisions of—
(a) subregulation (1)(f) shall not apply to a person who operates a tractor in connection with the construction or maintenance of a freeway;
(b) subregulation (2)(a) shall not apply to—
(i) a traffic officer while he or she is engaged in the performance of his or her duties;
(ii) a person while he or she is engaged in rescue or salvage work;
(iii) a person while he or she is engaged in the construction or maintenance of a freeway or the rendering of an essential public service; or
(iv) a person while he or she is engaged in civil protection as contemplated in section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977); and
(c) subregulation (2)(c) shall not apply to—
(i) the driver of—
(aa) an ambulance, fire fighting vehicle or rescue vehicle; or
(bb) a breakdown vehicle while he or she is engaged in the salvaging of another motor vehicle;
(ii) a traffic officer who drives a vehicle in the performance of his or her duties;
(iii) a person who drives a vehicle while it is used in connection with the construction or maintenance of a freeway or the rendering of an essential public service; or
(iv) a person who drives a vehicle while he or she is engaged in civil protection as contemplated in section 3 of the Civil Protection Act, 1977.
(5) Where the driver of a motor vehicle which is being driven in the right hand traffic lane or in the traffic lane furthest to the right on a freeway (hereinafter referred to as the first vehicle) becomes aware that the driver of another motor vehicle (hereinafter referred to as the second vehicle) intends to overtake the first vehicle, the driver of the first vehicle shall steer that vehicle to a lane to the left of the one in which he or she is driving, without endangering himself or herself or other traffic or property on the freeway, and shall not accelerate the speed of his or her vehicle until the second vehicle has passed.
(6) For the purposes of subregulation (5) the driver of the second vehicle may make the driver of the first vehicle aware that he or she intends to overtake the first vehicle by giving the driver thereof a visible signal by means of flashing the headlights of his or her vehicle.
Alta Swanepoel & Associates
What is a Freeway?
“freeway” means a public road or a section of a public road which has been designated as a freeway by an appropriate road traffic sign;