- Minister of Transport v Brackenfell Trailer Hire (Pty) Ltd and Other 2021 (1) SACR 463 (SCA)
Role-players in this matter are:
National Minister of Transport = the appellant;
Brackenfell Trailer Hire (Pty) Ltd = first respondent;
Ms Pascal Constance Sprague = second respondent; and
Mr Gerhardus Adriaan Odendal = third respondent.
The latter three respondents are collectively referred to as
Relevant, applicable legislation
All relevant, applicable legislation in this matter, are to be found in the National Road Traffic Act 93 of 1996 (hereinafter referred to as the “NRTA”).
The following word definitions, as referred to in the NRTA, are relevant and applicable to this discussion, namely -
“combination of motor vehicles” means two or more motor vehicles coupled together;
“motor vehicle” means any self-propelled vehicle and includes
(a) a trailer; and
(b) a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not include -
i) any vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or
ii) any vehicle with a mass not exceeding 230 kg and specially designed and constructed, and not merely adapted, for the use of any person suffering from some physical disability and used solely by such person;
“trailer” means a vehicle which is NOT self-propelled and which is designed or adapted to be drawn by a motor vehicle, but does not include a side-car attached to a motor cycle; and
“vehicle” means a device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails.
(Emphasis added by Pollex.)