January 2006

When the authorities began enforcing some long standing rules on the game viewing vehicle some years ago, it prompted Land Rover to take stock and investigate the legislation and how it affected the legalities of vehicles operating in the “bush.”

Land Rover approached Ian Charlton who had worked for the SABS for 30 years heading up its Automotive Engineering Division while also serving on the Department of Transport’s technical committees for over a decade. For advice on the “non-vehicle” side of the law, he consulted Alta Swanepoel.

The outcome was a completely new design of game viewer, now being produced at the Land Rover plant in Pretoria, and a better grasp of the complexities of various pieces of legislation.

First off, are the roads in private reserves considered to be public? Absolutely!

As the public has access, the law defines them as public roads. Some operators, however, refuse to accept that their bush roads are governed by the same rules as the N1 and argue that Road Traffic Regulations do not apply to their vehicles.

The fact is they are public roads and the regulations do apply which means there is a duty to provide the same minimum levels of safety as elsewhere.

Just for the moment, however, let’s assume they’re private roads and the traffic police have no jurisdiction.

• The fact remains that these vehicles must still be registered and licensed.

• In order to be registered, vehicles must be checked by the SABS to ensure compliance with all the safety requirements.

• As they are operating for reward, they must also comply with those “reward” requirements.

And, there’s more! If one looks at the Occupational Health and Safety Act (OHS Act), it’s clear that employers have a duty to provide reasonable safety measures for their employees at their place of work.

In this context, the game viewing vehicle is the workplace for the driver, guide and tracker. As an engineer, Charlton’s understanding is if one’s workplace has abnormal circumstances with intrinsic risks – in this case some exposure to wild animals – then employers have to resort to special training and standard operating procedures to minimize risk. Feasible and reasonable precautions must be taken. As such, he casts doubt on whether an inspector under the OHS Act would take kindly to the use of un-roadworthy vehicles or a tracker perched on the bonnet!

Under Common Law, there are basic obligations to be fair and reasonable to persons in your charge and the least that he would expect would be a vehicle compliant with long-standing and basic safety standards.