Assessment of serious injury in terms of section 171a 4. 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. Adjustment of statutory limit in respect of claims for loss of income and loss of support. Some further observations on the road accident fund amendment act. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. Assented to 19 may 2008 the parliament of western australia enacts as follows.
Dec 09, 2010 the constitutional court has ruled unanimously that a number of the contentious sections of the road accident fund amendment act such as limits on damages and the abolition of personal claims. Further provision for liability of fund in terms of section 171b 3. Road transport legislation amendment regulation 2008 no 1 page 1 authorised by the act parliamentary counselalso accessible at. The road accident fund amendment bill, 2017 the proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. Road accident fund act 56 of 1996 as amended by act 19 of 2005 sections 1, 1725 and 28.
The raf amendment act, which took effect in august 2008, has created various challenges transportation for as well as confusion users most, and operators notably on the problem of thirdparty indebtedness. Road transport legislation amendment act 2008 no 61. Motor vehicle accident fund act 10 of 2007 gg 3970 brought into force on. Regulations 2008 gazette 31249 regulation 770 save this article email this article.
The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. For further information please phone the road accident fund on sharecallnumber. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an assessment prescribed. Prior to the introduction of the amendment act, a victim of a road accident was entitled to claim from the fund. Now the penalty has been increased 10 times on various violations. Kruger v president of the republic of south africa and others 1 is an important case in south african law, heard in the constitutional court cc on 19 february 2008, with judgment handed down. Transport administration amendment community road safety. So in order to prevent the menace of road accidents. 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. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Amendment of section 6 of act 56 of 1996 ms msomi said this change was merely making the road accident fund s financial year consistent with that of other agencies.
Subscriptions are available via the creamer media store. Road transport legislation amendment regulation 2008 no 1. Raf v sweatman 1622014 2015 zasca 22 20 march 2015 a. 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. Ethiqal and mps take up the debate on mediation for medical negligence claims july 5th, 2017 graham howarth, the medical protection societys head of medical services africa, and jp ellis. Government gazette 31249, regulation gazette 8927, government notice 770 subject. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1.
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. Road accident fund act 561996 accident fund amendment regulations, 20 2511 prescription defeat for raf adpol v road accident fund 20 2 sa. Short title this is the fatal accidents amendment act 2008. This report may only be done once what is referred to as m. Kruger v president of the republic of south africa wikipedia. Changes to road accident fund compensation dsc attorneys. Section 8a of the principal act is hereby amended a by the substitution for subsection 1 of the following subsection. 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. Given under my hand and seal of the republic of south africa at pretoria on day of 9th july. Section 1 road transport legislation amendment act 2008 no 61 the legislature of new south wales enacts. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. The impugned amending provisions were introduced by the road accident fund amendment act, 20053 amendment. Amendment of section 10 of act 56 of 1996, as amended by section 1 of act 43 of 2002.
Amended by raf amendment act 43 of 2002 from 4 dec 2002. The road accident fund amendment bill, 2017 gert nel inc. Transport administration amendment community road safety fund act section 1 2012 no 70 the legislature of new south wales enacts. Lssa launches constitutional challenge to raf amendment act.
A glance at the road accident fund amendment bill raf bill. In the event that no claim lay against the fund, or its liability was limited, the victim retained a residual common law claim against the wrongdoer. Raf act amendments look to harmonise claims and other elements. 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. Road accident fund amendment bill b642003 submission by the office of the chief state law adviser submission by the south african chamber of business sacob submission by ms p coetsee summary the committee heard submissions on amendments to the road accident fund amendment bill. 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. Thabo mbeki, president of the republic of south africa, brought prematurely into operation certain provisions of the road accident fund amendment act. Road accident fund amendment bill gazetted for public comment. Section 171b of the road accident fund act of 1996,1 the act as amended by the road accident fund amendment act of 20052 the amendment act with effect from 1 august 2008, provides amongst others that the road accident fund raf shall be obliged to compensate any person the third party for any loss or damage suffered as a result of. Section 21 of the amendment act abolishes this right subject to two exceptions. Sil v road accident fund 20 3 sa 402 gsj southern insurance association ltd v bailey 1984 1 sa 98 a sweatman v road accident fund wcc unreported case no 1725811 of 3 december 20.
Road accident fund regulations, 2008 medical experts road. The department of transport briefed the committee on the road accident fund transitional provisions bill. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss. Anele mvumvu first applicant and road accident fund. 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. 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. To provide for the establishment, administration and management of the motor vehicle accident fund as an administrative body to provide assistance and benefits to persons. Section 1 of the road accident fund act, 1996 act no. Road accident fund amendment act 2008 archives medical brief.
Commencement this act comes into operation on the day on which it receives the royal assent. Road accident fund road accident fund claims, raf claim. The constitutional court in the mvumvu case confirmed the western cape high court decision mvumvu and others v minister of transport and another 2011 1 all sa 90 wcc, in which the court declared that ss 181ai, 181b and 182 of the road accident fund act 56 of 1996 the raf act, as they stood prior to 1 august 2008, were. Road accident fund amendment bill, 2011 dsc attorneys. Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. 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. The road accident fund act 56 of 1996 and serious injuries. The section stipulates that this limit is to be adjusted quarterly to counter the effects of inflation. Under which circumstances does the raf have a right of recourse against the owner andor driver of a motor vehicle in terms of section 252 and 3 of the raf act 56 of 1996. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act 19 page pdf the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act 26 page pdf. New guidelines for road accident fund part 2 part 2 the court found the abolition was justifiable and reasonable because it formed part of the scheme to set up a compensation regime directed at ensuring the fund is sustainable, inclusive and capable of meeting its constitutional obligations towards victims of automobile accidents.
To amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. Nov 01, 2011 the road accident fund amendment bill, 2011 was recently published for public comments. 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. Rectifying the mvumvu disparity the road accident fund. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Motor vehicles amendment act 2019 has been implemented throughout the country since september 1, 2019. Posts tagged with road accident fund amendment act 2008 a focus. 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. Amendment of section 8a of act 93 of 1996, as inserted by section 6 of act 21 of 1999 5. 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.
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