Road Safety Blog

What does the law say about sounding the hooter when not necessary?

Question:

Is there any traffic law or bye law that governs the use of the car horn or car hooters use? I live in a small seaside area and the informal saloon car taxis are constantly using their horns to attract business and this is a disturbance to the general ambiance and appeal of the area? Its not just one or two every minute but I counted over 80 toots in a 60 second period the other day.

Answer:

Yes reg 201 and 310A apply.

Use of hooter

Reg 310A. No person shall on a public road use the sounding device or hooter of a vehicle except when such use is necessary in order to comply with the provisions of these regulations or on the grounds of safety.

Warning devices

Reg 201.   (1)  Subject to the provisions of sections 58 (3) and 60 of the Act, no person shall operate on a public road—

(a)      a self-propelled motor vehicle, unless it is equipped with an efficient warning device which is in good working order and, when used, capable of emitting a sound which, under normal conditions, is clearly audible by a person of normal hearing from a distance of at least 90 metres;

(b)      a pedal cycle, unless it is equipped with an efficient warning device which is in good working order and, when used, capable of giving adequate warning of its approach;

(c)      a vehicle to which a siren is fitted; or

(d)      a vehicle to which a device is fitted which emits a sound of which the tone of pitch varies:

Provided that the provisions of paragraphs (c) and (d) shall not apply to a motor vehicle to which an anti‑theft device which incorporates a siren is fitted, or to a fire-fighting vehicle, a fire-fighting response vehicle, a rescue vehicle, a emergency medical response vehicle, ambulance or vehicle driven by a traffic officer in the carrying out of his or her duties, or to a vehicle driven by a person while engaged in civil protection as contemplated in section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977).

(2)     The device referred to in paragraph (b) of the proviso to sections 58 (3) and 60 (b) of the Act shall be capable of emitting a sound of which the tones of pitch shall—

(a)     be—

(commonly known as the “Klaxon”)

(b)     sweep rapidly between 400 and 1 500 Hertz at a rate of between 120 and 180 cycles per minute (commonly known as the “yelp”); or

(c)     sweep slowly between 400 and 1 500 Hertz at a rate of between six and nine cycles per minute (commonly known as the “wail”).

Regards

Alta

Alta Swanepoel & Associates

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