THE LEGAL LIMITS OF FLAG PERSONNEL

Recent discussions in the Hangklip-Kleinmond area about how road safety and wildlife crossings are managed have highlighted the need to clarify what certified flag personnel are trained for and legally permitted to do under South African law.

Did You Know?

Traffic regulation and the control of traffic flow is a function of traffic officers as provided for in the National Road Traffic Act, 93 of 1996. The regulation and control of traffic may include the use of flags as a warning signal to direct traffic flow. 

There are a few exceptions in terms of which certain people, other than traffic officers, may use flags on public roads, including:

• Marshals directing participants (but not vehicular traffic) during events held on public roads;
• Persons driving animals as referred to in Regulation 313 of the National Road Traffic Regulations, 2000; or
• Unit Standard 258923 - “Ensure Safety at Road Works in Urban Areas (Flagman)”, as registered with the South African Qualifications Authority (SAQA). 

This nationally recognised unit standard focuses specifically on:

- Managing vehicle and pedestrian movement around construction zones,
- Erecting appropriate temporary signage and safety barriers, and
- Ensuring safety at urban roadworks

Overstrand Traffic Department has confirmed that it is engaging directly with relevant parties to address concerns around unauthorised traffic control activities, including those related to animal control, baboons in particular. 

The public is reminded that Overstrand Municipality has been mandated by the Provincial Government to manage baboons. As such, the municipality is authorised to take the necessary measures to fulfil this responsibility. Therefore, directing vehicular traffic on public roads remains a regulated function that may only be carried out by individuals who are legally empowered to do so, in line with the relevant legislation.

The Municipality urges all persons to refrain from engaging in conduct which may constitute a contravention of road traffic legislation. Misusing training credentials - even with the best intentions - can put public safety at risk and could lead to unnecessary danger or liability for both the public and contractors.

All road users, especially motorists, are encouraged to follow traffic control instructions to help ensure the safety of other road users and animals. Stay alert, follow all traffic rules and controls, and stay safe at all times.

Issued by: 

Overstrand Municipal Manager, Dean O’Neill