ACCELERATING WHEN BEING OVERTAKEN ...is an offence created by : -
Regulation 298(3) of the National Road Traffic Regulations of 2000. The offence code is : 83359 and an admission of guilt fine is indicated.
Reg 298(3) states : “The driver of a vehicle on a public road shall,............... on becoming aware of other traffic travelling in the same direction and wishing to pass his or her vehicle, cause his or her vehicle to travel as near to the left edge of the roadway as is possible, without endangering himself or herself or other traffic or property on the roadway, and shall not accelerate the speed of his or her vehicle until the other vehicle has passed.”
There needs to be a vehicle, operated on a public road. The driver has to be aware that another vehicle, travelling in the same direction, intends to pass. The driver of the first vehicle should not accelerate the rate of speed of his or her vehicle in contravention of the requirement that he or she does not do so until the other vehicle has safely passed.
The action of acceleration (speeding up) while being overtaken constitutes the offence, but the other elements of the offence mentioned above need to be satisfied before the alleged offnder can be charged.
Accelerating when being overtaken on a road designated as a Freeway is an offence created by :- Regulation 323(5) of the National Road Traffic Regulations of 2000. The offence code is 84850 and the indicated admission of guilt fine is : R 500.00
Reg 323(5) states : “Where the driver of a motor vehicle which is being driven in the right-hand traffic lane or in the traffic lane furthest to the right on a freeway (hereinafter referred to as the first vehicle) becomes aware that the driver of another motor vehicle
(hereinafter referred to as the second vehicle) intends to overtake the first vehicle, the driver of the first vehicle shall steer that vehicle to a lane to the left of the one in which he or she is driving, without endangering himself or herself or other traffic or property
on the freeway, and shall not accelerate the speed of his or her vehicle until the second vehicle has passed"
There needs to be a vehicle, which is being driven in the right hand lane or the lane furthest to the right, the roadway needs to be designated a freeway by the appropriate traffic signs. The driver of this vehicle needs to be aware that another driver of a motor
vehicle, wants to pass him/her. S/he is then required to steer his/her vehicle to a lane immediately to his/her left, provided it is safe to do so. S/he shall not accelerate the speed of his/her vehicle until the passing vehicle has safely passed by. Any acceleration while being passed is therefore an offence, provided that the driver of the vehicle being passed was aware that s/he was being passed by another vehicle.