Road accident fund act 56 of 1996 pdf file

The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. The road accident fund act 56 of 1996 has for many years been a bone of. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Suppliers claims in terms of section 175 of the road. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. Although the amendment act also abolishes a motor vehicle accident victim s common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants loss of support arising from the bodily injury or death of a victim of a motor vehicle accident, this article deals only with the general damages aspect. Assessment of serious injury in terms of section 171a 4. Mokoena v road accident fund 201038170 2011 zagpjhc. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. National land transport interim arrangements act 45 of 1998.

The question of law concerned the interpretation of regulation 33da of the road accident regulations, 1 passed pursuant to the road accident fund act 56 of 1996, which requires the fund to accept or reject a serious injury assessment 2 report sia report or to direct the third party to submit to a further assessment, within 90. 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 minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. The act has been updated with a board notice regarding adjustment of statutory limit, published in government gazette no. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Although the amendment act also abolishes a motor vehicle accident victim s common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants loss of support arising from the bodily injury or death of a.

Financial supervision of the road accidents fund act 8 of 1983 previous short title. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of. The amendment act introduced the concept of serious injury, in that should a claimant wish to claim for nonpatrimonial loss suffered, his or her injury must be. Anele mvumvu first applicant and road accident fund. The road accident fund act 56 of 1996 and serious injuries. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Search functionality on pdf version of policy documents. Where a third party is entitled to compensation in terms of this section and has. 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. Suppliers claims in terms of section 175 of the road accident fund act 56 of 1996 1 introduction section 175 of the road accident fund act 56 of 1996 raf act provides as follows. As the existing faultbased compensation system administered by the road accident fund, established by the road accident fund act, 1996 act no.

The road accident fund is a national public entity established for the purpose of paying compensation in accordance with the provisions of the road accident fund act, 1996 act no. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. The surface of the type of damage suffered in terms of section 17 of the road accident fund act is only scratched. Road accident fund act no 56 of 1996 satchwell commission of inquiry 2002 i. Summary the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. Further provision in respect of claim for loss of income or support in terms of section 174c. Section 1 of the road accident fund act, 1996 act no.

The road accident benefit scheme bill rabs explained to understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. Pdf the interpretation of the amended raf act 56 of 1996 and the. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. Mosebekoa v road accident fund 1097320 2015 zagpphc.

Further provision for liability of fund in terms of section 171b 3. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and. Mandate the object of the fund shall be the payment of compensation in accordance with this act for loss or damage wrongfully caused by driving a motor vehicle. Financial supervision of the multilateral motor vehicle accidents fund act road accident fund act 56 of 1996. 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. To amend the road accident fund act, 1996, so as to insert new definitions. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. This entails that a thirdparty claimant who wishes to claim compensation for nonpatrimonial loss. Road accident fund regulations, 2008 the road accident fund hereby, under regulation 52 of the road accident fund regulations, 2008, made under the road accident fund act, 1996 act no. This item appears in the following collections research articles mercantile law 333. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996. The interpretation of the amended raf act 56 of 1996 and the. Suppliers claims in terms of section 175 of the road accident fund act 56 of 1996. Motor vehicle insurance act 29 of 1942 was the first compulsory motor vehicle insurance road accident fund act, 1996 act no.