Following requests for an extension of the timeframe to provide comments on the draft road accident benefit scheme bill (RABS) the Department of Transport has extended the timeframe for further comment by 60 days.

The Bill was initially published for public comments for a period of 60 days on 8 February 2013 in Government Gazette No. 36138. The notice extending the period for comments was published in Government Gazette No.36355 on 9 April 2013.

The Bill is available from the Government Printer and on the websites of the Department of Transport and the Road Accident Fund at www.transport.gov.za and www.raf.co.za.

In terms of a fundamental overhaul, the legislation proposes that the Road Accident Fund be replaced by the Road Accident Benefit Scheme Administrator and that the current adversarial system be replaced with a scheme which is based on principles of social security and social solidarity.

Some of the major changes proposed by the legislation include a move away from the insurance based system of compensation which has been largely unchanged in South Africa since its inception in 1946, to a system of defined and structured benefits.

The requirement to prove fault on the part of another driver will also be done away with as the fault requirement increases the complexity and cost of administering the system. Road crash victims will therefore qualify for benefits regardless of who caused the collision and benefits will also not be reduced based on the victim’s “contributory negligence”.

Doing away with the requirement to prove fault will also speed up the delivery of services, as it will mean that access to emergency medical treatment will be immediate and not dependant on an evaluation or admission of fault by the Road Accident Benefit Scheme Administrator.  The payment of other benefits will also be expedited by the removal of this requirement.

The new system will however also continue to provide indemnity for owners and drivers who would otherwise have been liable at common law for bodily injuries or death caused by the crash.

The RABS Bill forms part of the initiative to replace the Road Accident Fund with a reasonable, equitable, affordable and sustainable road accident benefit scheme.

Written comments can also be submitted via e-mail to rabsbill@dot.gov.za.