Excessive vehicle modifications will instantly render your vehicle unroadworthy in South Africa.
While the country has relatively lax rules when it comes to pimping your ride, going overboard with aftermarket alterations may cause the car to no longer comply with roadworthiness regulations.
It could be declared too low, too loud, or too emissions-heavy, and be hauled off the road if you’re not careful.
4 areas of concern
The legal experts at Legal Advice explain that vehicle regulations in South Africa are governed by the National Road Traffic Act (NRTA) 93 of 1996 which dictates the requirements for vehicle roadworthiness and safety, which in turn impacts what modifications are permissible.
The act touches on four popular areas for vehicle enhancements, comprising:
- Suspension modifications
- Exhaust modifications
- Engine modifications
- Lighting modifications
It’s crucial to understand the legal framework governing these modifications to ensure compliance and avoid penalties.
Suspension changes such as lowering or raising the vehicle are fairly common in South Africa. However, to ensure legality, they must adhere to safety standards.
According to the NRTA, vehicles must maintain adequate ground clearance to navigate road obstacles safely. Therefore, excessive lowering can make the car non-compliant.
Additionally, suspension modifications should not negatively impact the vehicle’s handling or stability. Any changes must ensure it remains safe to drive.
“If lowering your car causes it to scrape on speed bumps or significantly affects its handling, it may be deemed illegal,” said Legal Advice.
Perhaps you want a more aggressive sound and plan to tune the exhaust system.
In this case, you’ll have to ensure that the finished product complies with South African National Standards (SANS) 10281 which specifies the maximum permissible noise levels for vehicles.
Exceeding these decibels may very well result in a fine.
You also have to ensure that the finished product does not impact the car’s tailpipe emissions.
Vehicles must comply with emission standards to reduce their environmental impact, and exhaust modifications could lead to more harmful gases escaping the car, which can be deemed illegal by law enforcement.
“Installing an aftermarket exhaust that exceeds noise regulations or increases emissions beyond permissible levels is prohibited,” said the experts.
Likewise, if you’re in the process of pulling more power out of your engine with choice upgrades like chip tuning or a turbo conversion, you must ensure that the vehicle still meets emissions regulations when all is said and done.
Maybe you’re going the extreme route and doing a full engine swap or drilling the cylinders for a higher displacement, in which case the car may require re-certification to ensure it is still roadworthy.
“Upgrading an engine without ensuring compliance with emission standards can result in the vehicle being declared unroadworthy,” said Legal Advice.
On the topic of lighting alterations, take heed that installing aftermarket headlights or underglow lights is popular, but regulated by the NRTA.
New head- and taillights must comply with SANS 1046 and provide adequate illumination without dazzling other drivers.
Any additional lights, such as LED bars or underglow lights, must not interfere with standard lighting or create confusion for other road users.
“A vehicle with a significant suspension lift must be inspected to ensure it remains stable and safe for road use,” said Legal Advice.
Penalties for non-compliance
After making modifications, it’s essential to ensure the vehicle remains roadworthy.
This may involve another roadworthiness test to certify that all the changes meet safety standards.
For significant modifications, such as engine swaps or extensive suspension changes, the car may require re-certification from an authorized testing station.
Should you bend the rules too far when modifying your car, you risk being on the receiving end of various penalties.
You will most certainly be slapped with fines at routine roadside checks or roadblocks, and in severe cases, vehicles can be impounded until they are brought back to compliance.
If you live in either the Johannesburg or Tshwane municipalities, you also risk receiving demerit points on your licence under the Administrative Adjudication of Road Traffic Offences Act.
“Understanding and adhering to car modification laws in South Africa is crucial for any automotive enthusiast. The National Road Traffic Act and related regulations provide a framework to ensure vehicle modifications are safe and compliant,” concludes Legal Advice.
“By following these guidelines, car enthusiasts can enjoy their modified vehicles without legal repercussions.”
The company advises that aspiring modifiers always prioritise safety and legality when planning and executing upgrades to ensure a smooth and trouble-free driving experience.
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