Common road rule misconceptions that South African drivers still get wrong
Whether you're a new driver or have been on the road for years, brushing up on the rules and making sure you have the right car insurance in place is one of the smartest things you can do behind the wheel.
TL;DR
- South African road rules are regularly misunderstood, and the consequences range from an awkward fine to something far more serious.
- This article busts 10 of the most persistent road rule myths, with the actual law under each one, sourced from the National Road Traffic Act 93 of 1996 (NRTA) and the Automobile Association of South Africa.
Common Road Rule Myths
| Common Road Rule Myths | |
|---|---|
| Gated estate roads are private, so the normal rules don't apply | Smoking in your car with your own children is a personal choice |
| You can use your mobile phone at a red traffic light if you're not moving | Bakkie taxis are tolerated where no other transport exists |
| Flashing your lights to alert fellow motorists of a roadblock is good manners | U-turns are only illegal where a sign says so |
| Hazard lights keep other road users safe in bad weather | You can tow another car as long as you drive carefully |
| The school zone speed limit only applies during school hours | Driving barefoot or in flip-flops is illegal |
Let's dive into these road rule myths:
1. Gated estate roads are private, so the normal rules don't apply
The myth
If you live in or visit a gated estate, the roads inside belong to the estate, and the Homeowners Association sets the rules.
The rule
As the AA confirmed in their road rule myths report (2020), a large number of gated estates in South Africa wrongly view the roads within as private roads. Under the NRTA, these are public roads. Homeowners associations may put into place internal contractual conduct arrangements with residents and other road users, but these terms cannot replace the NRTA or the powers of law enforcement. In many cases, estate's signage and road markings also fail to comply with NRTA requirements, making them illegal.
2. You can use your mobile phone at a red traffic light if you're not moving
The myth
Your car is stationary at traffic lights, so checking your phone is fine.
The rule
This is one of the most serious misconceptions among South African drivers. I think we know it's not right, but the amount of people stopping and pulling out their phone would say otherwise.
The NRTA is clear: a mobile phone may not be used while the engine of a motor vehicle is running, whether the vehicle is moving or not. That includes taking photos, browsing, and holding the phone to your ear. Under Western Cape bylaws, your mobile phone can be confiscated for 24 hours if you are caught.
Learn more about what reckless driving is.
3. Flashing your lights to alert fellow motorists of a roadblock is good manners
The myth
Drivers flash their headlights to warn motorists of an upcoming roadblock as a courtesy.
The rule
South Africans may feel like they're being friendly to their fellow motorists, but it is considered a criminal offence. Drivers who alert fellow motorists about roadblocks by flashing lights or posting warning messages on social media/messaging platforms are seen to be defeating the ends of justice. Your actions could be warning a wanted criminal.
4. Hazard lights keep other road users safe in bad weather
The myth
Switching on hazard lights during heavy rain or fog warns motorists around you.
The rule
The NRTA limits hazard light use to situations where your vehicle is stationary and poses a danger to other road users, or in genuine emergencies while moving. Using them as a visibility aid in hazardous weather conditions is not a permitted use, and hazard lights disable your indicators, leaving other drivers with no way to read your next move. In poor visibility, use dipped headlights and, where fitted, rear fog lights.
5. The school zone speed limit only applies during school hours
The myth
You only need to slow down near schools during drop-off and pick-up times on weekdays.
The rule
School zones carry a speed limit of 30 or 40 km/h, as posted. That speed limit applies whenever the sign is visible, not only during school hours. End school zone signs mark where the reduced speed limit ends. The AA and ChildSafe SA have both highlighted that children make up over 10% of road fatalities in South Africa (RTMC data), which is why compliance matters throughout the day.
6. Smoking in your car with your own children is a personal choice
The myth
What happens inside your car is your business, especially if the children are yours.
The rule
Section 2(1)(a)(iii) of the Tobacco Products Control Act, 1993 states that no person may smoke any tobacco product in any motor vehicle when a child under the age of 12 years is present. The penalty can be as much as R500. Proposed amendments to the Act may extend this to all persons under 18.
7. Bakkie taxis are tolerated where no other transport exists
The myth
Transporting children in the goods compartment of a bakkie is accepted practice where no other option exists.
The rule
It is illegal. National Road Traffic Regulation 250 (effective 11 May 2017) specifically states that school children may not be transported for reward in the goods compartment of a vehicle. The so-called bakkie-taxi arrangement puts children at serious risk, and the regulation exists precisely to address that.
8. U-turns are only illegal where a sign says so
The myth
If there is no sign prohibiting it, a u-turn is permitted anywhere.
The rule
U-turns are prohibited on any divided road, meaning any road where lanes travelling in the same direction are separated from oncoming traffic by a physical barrier or dividing space. This covers most national roads and many urban arterials. A u-turn is also illegal where a road traffic sign prohibits it, where it would obstruct approaching traffic, or where it cannot be completed safely. When in doubt, do not turn.
9. You can tow another car as long as you drive carefully
The myth
Helping a friend out of a bind by towing their car is fine, provided you take care on the road.
The rule
Only drivers with the correct licence category may tow a vehicle above a certain weight. A standard code B licence permits towing of trailers lighter than 750 kg. Towing a heavier vehicle without the appropriate licence is a legal offence, regardless of the reason.
If your Car Insurance includes roadside assistance, that is usually the appropriate route when a vehicle needs to be recovered.
10. Driving barefoot or in flip-flops is illegal
The myth
You must wear proper footwear to drive legally.
The rule
There is no law in South Africa that prohibits driving barefoot or in flip-flops. The NRTA does not prescribe footwear. Wearing shoes that give you a clear feel of the pedals and will not slip or catch is sensible road safety practice, but it is a recommendation, not a legal requirement.
Road safety and Insurance help you protect what matters most
Staying on the right side of the rules of the road also means protecting what matters most.
Compare Car Insurance quotes on Hippo.co.za to find cover that works for you.
This article is for general information purposes only and does not constitute financial advice. Always read your policy schedule and speak to a qualified adviser if you are unsure. Hippo.co.za is an authorised financial services provider (FSP 36 368).
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