South Africa: Traffic Document ID Amendment to Align with Identification Act

• South Africa's Department of Transport plans to amend National Road Traffic Regulations to stop traffic documents from being used as general identification.
• This decision follows a 2023 investigation revealing widespread misuse of Traffic Register Numbers (TRNs) and other road traffic documents.
• The amendments aim to align road traffic legislation with the Identification Act, 1997, which designates Home Affairs as the sole ID authority.
• Regulation 1 will be amended to explicitly exclude TRNs, learner's licenses, and driving licenses from the definition of acceptable identification.
• Regulation 335 will introduce stricter controls for TRNs, including surrender requirements and validity periods linked to passports and permits.

The primary objective of these changes is to prevent documents specifically related to traffic administration, such as traffic register number certificates (TRNs), learner's licenses, and driving licenses, from being utilized as general forms of identification.

The South African Department of Transport is poised to introduce significant amendments to the National Road Traffic Regulations, fundamentally altering what constitutes acceptable identification within the country. The primary objective of these changes is to prevent documents specifically related to traffic administration, such as traffic register number certificates (TRNs), learner's licenses, and driving licenses, from being utilized as general forms of identification. This initiative stems from a comprehensive investigation conducted in 2023, where the Department of Transport collaborated with the Department of Home Affairs.

This investigation brought to light widespread misuse of TRNs and other road traffic documents for identification purposes. The Department of Transport clarified that the TRN was originally conceived solely to facilitate transactions on the National Traffic Information System (NaTIS) for individuals who lacked a South African identity number, enabling them to manage road traffic matters while their legal status with Home Affairs was being finalized. It was explicitly stated that these numbers were never intended to serve as a universal identification document, highlighting a critical divergence between their intended function and actual application by some institutions.

The proposed South Africa traffic document ID amendment seeks to rectify a long-standing inconsistency with the Identification Act, 1997 (Act No. 68 of 1997). This crucial legislation designates the Department of Home Affairs as the singular authority responsible for maintaining the National Population Register and issuing official identification documents. The practice of various institutions accepting TRNs and driving licenses as general identification directly contravenes this legal framework.

Consequently, the Department of Transport views these amendments as essential steps to eliminate legal ambiguity, curb potential abuse, and ensure that road traffic legislation is fully aligned with the Identification Act. A key change involves Regulation 1, which defines acceptable identification. Under the revised National Road Traffic Regulations identification framework, TRNs and all other documents issued under road traffic legislation will be explicitly excluded from this definition. For non-permanent residents, acceptable identification will be an unexpired passport from their country of origin, coupled with a relevant permit issued by the Department of Home Affairs under the Immigration Act, 2002. For corporate entities, acceptable identification will include a certificate of incorporation, registration certificate, memorandum of incorporation, or name-change certificate as per the Companies Act, 2008. Similarly, a close corporation converted into a company will require its certificate of incorporation issued under Schedule 2 of the Companies Act, 2008. This means a TRN driving licence identification SA will no longer be valid for general purposes.

Beyond redefining general identification, the amendments introduce stringent controls specifically targeting TRNs through revisions to Regulation 335. Currently, certain subregulations (1)(b) and (2)(b) recognize TRNs as an acceptable form of identification; these clauses are slated for deletion. This change underscores the Department's commitment to ensuring TRNs are used strictly for their intended purpose.

Furthermore, Regulation 335 will be updated to mandate that any TRN holder who subsequently obtains another form of acceptable identification must notify the registering authority using form ANR within 21 days. This notification must be accompanied by the surrender of their TRN certificate. A new subregulation (6) will establish that a TRN's validity period is intrinsically linked to that of the passport and permit presented at the time of its initial acquisition. Additionally, a new subregulation (7) will compel all natural persons possessing a TRN certificate that does not display a validity period to apply for a new certificate within three months of the Regulations coming into effect, ensuring all TRNs conform to the new validity standards. These Department of Transport ID changes are critical for compliance.

The proposed amendments, which represent a significant shift in South Africa's approach to identification, will be formally published for public comment. This process will adhere to the requirements of the National Road Traffic Act, 1996 (Act No. 93 of 1996), allowing interested parties and affected institutions a 30-day window from the publication date to provide their input. This public consultation phase is a crucial step before the new regulations are finalized and enacted, ensuring transparency and stakeholder engagement in this important regulatory update.

Lawyers and compliance officers must prepare for upcoming amendments to South Africa's National Road Traffic Regulations, which will redefine acceptable identification documents by excluding traffic-related documents like TRNs and driving licenses. This requires reviewing and updating client onboarding, FICA, and other identity verification policies to ensure compliance with the new definitions, and advising clients who hold TRNs about the new validity periods and surrender requirements.

Source: Reporting on planned regulatory changes in South Africa.