This report may only be done once what is referred to as m. Judgment by jp coetzee aj introduction 1 on 1 august. Road accident fund claims legal articles legalwise. Further provision for liability of fund in terms of section 171b 3. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. Santam insurance was subsequently substituted as the defendant by the road accident fund. Judgment by jp coetzee aj introduction 1 on 1 august 2008 the.
For these reasons, damage to a motor vehicle as well as damage to clothing, spectacles, false. It is important to remember that these amendments are only applicable to motor vehicle accidents that took place on or after 1 august 2008 as the raf amendment act 19 of 2005 is not retrospective in nature. Be it enacted by the parliament of the republic of south africa, as follows. Act no, 56, 1996 road accident fund act, 1996 x motor car means a motor vehicle designed or adapted for the conveyance of not more than i 0 persons, including the driver. Changes to road accident fund compensation dsc attorneys. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Furthermore, the third party must suffer damage of a particular nature to bring the claim against the raf within the scope of the act. The plaintiff instituted action against the defendant, pursuant to the provisions of the road accident fund act, 56 of 1996, raf act for damages in the sum of r281 890,00 for bodily injuries the plaintiff sustained in a motor vehicle accident on 26 may 2002 at.
This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. Prior to 1 august 2008, the road accident fund raf act provided that most categories of road accident victims could claim full compensation from the raf, however certain categories of claimants had their claims limited by section 18 of the old act. Road traffic the road traffic act ministry of justice. Adjustment of statutory limit in respect of claims for loss of income and loss of support. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. The road accident fund act 56 of 1996 and serious injuries. Road accident fund regulations, 2008 20120910 effective date. Legal succession to the south african transport services act, 1989 act 9 of 1989 national railway safety regulator act, 2002 act 16 of 2002 invitation for comments on the draft railway safety bill. Road accident fund regulations, 2008 adjustment of tariff. To amend the road accident fund act, 1996, so as to authorise the fund to make financial contributions to road safety projects and programmes approved by the minister. Motor vehicle accident fund act 10 of 2007 motor vehicle accident fund regulations 3 whenever a claim form, together with the attachments thereto, requires submission to the fund or its duly authorised agent in terms of these regulations it must be delivered by. The road accident fund amendment act 2006 came into e. Anele mvumvu first applicant and road accident fund. The raf amendment act 19 of 2005, which came into effect on 1 august 2008, includes new regulations regarding who can claim from the raf, as.
Consult our simple explanation of the 2008 changes to the rules for claims for more information. If youd like us to get back to you, please enter your email address. The road accident benefit scheme bill rabs explained to understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. The road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle. The narrative test m slabbert h j edeling summary the road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. Regulations 2008 gazette 31249 regulation 770 save this article email this article.
In terms of the act and the regulations your claim for nonpecuniary loss must be supported by a serious injury assessment report, indicating that the injury has been assessed as serious by a medical practitioner and the fund must be satisfied that the injury. As will appear below, section 171a of the road accident fund act 56 of 1996 the act is a central feature to this case. Subject to section 281, the multilateral motor vehicle accidents fund established by the agreement concluded between the contracting parties on 14 february 1989, shall cease to exist, and all money credited to that fund immediately before the commencement of this act shall vest. Rectifying the mvumvu disparity the road accident fund. Road accident fund claims from the road accident fund in. The raf provides insurance cover which compensates all south african road users for injuries sustained or death arising from accidents involving motor vehicles within the.
Motor vehicle accident fund act 10 of 2007 regulations 2008. A glance at the road accident fund amendment bill raf bill. A medical practitioner has to determine whether or not the claimant has. Mar 06, 2008 1section 17 of the act confers on a third party a claim against the road accident fund for any loss or damage suffered by him or her as a result of any bodily injury to himself or herself arising from the driving of a motor vehicle if the injury is due to the negligence or other wrongful act of the driver or owner of the motor vehicle. Claim in terms of s 17 of the road accident fund act 56 of 1996 no new claim form required in terms of s 24 in respect of additional injury discovered after institution of action claim in respect of subsequently discovered injury not introducing new cause of action. To provide for the establishment, administration and management of the motor vehicle. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act 15 of 2012. Make sure that you know the two exceptions to the rule that a driver or owner cannot be held personally. The transitional act was introduced to address the constitutional court judgment in mvumvu and others v minister of transport and another 2011 2 sa 473 cc. Motor vehicle accident fund act 10 of 2007 section 35 motor vehicle accident fund regulations government notice 104 of 2008 gg 4040 came into force on date of publication. The road accident fund raf is a creature of statue which was governed by the raf act 56 of 1996 up until the 31 july 2008.
One of the effects of the road accident fund amendment act is that with effect of any accident occurring from the 1st of august 2008 onwards, a serious injury assessment has to be completed. The term serious injury assessment report is defined in section 1x of the act as a duly completed form raf4 form. Many lawyers also do not need payments before the final settlement. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. Vision to be a world class administrator of the system of compensation defined in the road accident fund act act no 56 of 1996 key features vision remains unchanged. Further provision in respect of claim for loss of income or support in terms of section 174c 5. Ada 7 of 1963, 17 of1963, 5 of l%4, 20 011964, 15 of1967, part i. These include the road accident fund article 56 of 1997 amended, the road accident fund act of 2005 and the road accident fund act of 2008. Road accident fund regulations, 2008 medical experts road. Motor vehicle accident fund act 10 of 2007 regulations. Laws 23 of1953, 31 of1953, 5 of 1954, 16 of 1956, 30 of1956, 23 of1957, 6 011959, 15 of1960, 20 of 1960, 11 ofl%l, 14 of 1962.
The new legislation placed tighter limits on what you can claim for. Of the republic of namibia legal assistance centre. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. He granted an order separating the merits of the case from the quantum of damages. To understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. Motor vehicle accident fund act, 2007 the minister of works and transport, on the recommendation of the board of the motor vehicle accident fund, under section 35 of the motor vehicle accident fund act, 2007 act no. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. Transport the strategic plan of the road accident fund for the period 2008 to 2010. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence. There is hereby established a juristic person to be known as the raf. These regulations are called the road accident fund amendment regulations, 20 and will come into operation on the date of their publication in the gazette.
S 10 amended by revenue laws amendment act 19 of 2001. Prior to these amendments, the act allowed victims of motor accidents to claim their general damages from the fund in full. During the trial the report in this case was referred to as an raf4. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Having a deeper background understanding of the various legislations, will help a road accident fund claims lawyer more competent. Assessment of serious injury in terms of section 171a 4. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. This act limits the road accident funds liability for compensation in respect. Commencement of certain sections of the road accident fund act. On 26 august 2005 the matter came before liebenberg j. In terms of the raf act, the running of prescription against the following persons is suspended with regard to their third party claims.
Polity offers free access to south african legislation, policy documents and daily political news. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the multilateral motor vehicle accidents fund. In terms of the act and the regulations your claim for nonpecuniary loss must be supported by a serious injury assessment report, indicating that the injury has been assessed as serious by a medical practitioner and the fund must be satisfied that the injury has been correctly assessed as serious. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. See s 21 of the raf act 56 of 1996 as amended by s 9 the rafaa and also slabbert and edeling the road accident fund and serious injuries. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. Setting up of state road safety councils and district committees, setting up of road safety fund at state level and setting aside 50 per cent fines collected for traffic violations for this fund, replication of tamil nadu model for implementation of road accident data management system radms. The raf is a fund that assists with compensating victims of a motor vehicle accident accident for certain damages suffered. Assessment of serious injury in terms of section 171a 1 a a third party who wishes to claim compensation for nonpecuniary loss shall submit himself or herself to an assessment by a medical practitioner in accordance with these regulations.
Section 1 of the road accident fund act, 1996 act no. Nonkwali v road accident fund 1052007 2008 zasca 3. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Further provision in respect of claim for loss of income or support in terms of section 174c. The road accident fund raf or fund is a specialised statutory. The department of transport briefed the committee on the road accident fund transitional provisions bill.
Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to. To amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. Subscriptions are available via the creamer media store. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year. Motor vehicle accident fund act 10 of 2007 gg 3970 brought into force on. A road accident fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury to themselves, or bodily injury or death of another as a result of a motor vehicle collision. S 4 amends financial supervision of the road accidents.