TAR Services

TRAFFIC ACCIDENT RECONSTRUCTION SERVICES  PTY  LTD


MR JOHAN JOUBERT

APPLIED MATHEMATICS AND PHYSICS

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KEY QUALIFICATIONS

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I, Johan Badenhorst Joubert am an expert in Accident Reconstruction, Accident Analysis, Cause Analysis, Interpretation of the Law relating to traffic accidents and a Traffic Consultant with over 28.5 years specialist experience in traffic accident reconstruction including the analysis of speed trends, accident rates, correlation between speed and accidents.  

I have been responsible for Traffic Engineering Assessments for the application to the Directors Public Prosecutions throughout Southern Africa and have been involved in the development, setup and maintenance of the Johannesburg Accident Database. 

I have undertaken case studies on the viability of intelligent roadblocks on on-ramps as part of the Electronic Toll Collection (ETC) project, a first of its kind in South Arica. 

I have testified as an expert in traffic accident reconstruction in the High Courts, District Courts, Magistrate Courts, CCMA hearings all over South Arica. And Namibia.

I have been appointed by the Road Accident Fund (RAF) as an expert in Accident Reconstruction for the fund (Panel of experts).  

Lecture of short courses in Traffic Accident Reconstruction and Cause Analysis at the Department of Civil Engineering, Stellenbosch University, 2005 to 2014.

I have been responsible for the redrafting of the Technical Committee on Speed Prosecution (TCSP) Guidelines.

I also assisted in the drafting of the CCTV standards for the use of CCTV/Cell phone footage for successful prosecution in a court of law.

I am currently the Managing Director of Traffic Accident Reconstruction Services Pty Ltd.  

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TRAFFIC ACCIDENT RECONSTRUCTION & CAUSE ANALYSYS

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Accident Reconstruction is the effort to determine, from whatever information is available, how the traffic accident occurred. Describing the events of the accident, in appropriate detail, is the aim of accident reconstruction.

Driving strategy and evasive tactics may be inferred in reconstruction from descriptions of position and movement. This is done by relating velocity and position of one vehicle or pedestrian to another, or relating velocity and position to features of the surroundings, such as view obstructions, grades, curves and traffic control devices. 

Traffic Law violations are mainly a matter of driving strategy, for example, position on the road, speed and signaling to turn or stop. Laws specify what drivers and pedestrians must do or not do in using roads. Therefore, when one has determined by accident reconstruction how the road was used, determining whether the use violated some law.

Reconstruction suggests circumstances or conditions that were contributing factors, that is, had they been different, the accident would not have occurred.

When two or more eyewitness informants differ greatly in reports of their observations, reconstruction can be very helpful in deciding which of their reports to believe or in some cases, whether to believe any of their reports. NAL BACKGROUND

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Managing Director: Traffic Accident Reconstruction Services Pty Ltd  2013 to present.

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Giving expert testimony in Courts all over South Africa, Namibia and Botswana in reconstruction of high profile motor vehicle accidents.

Appointed by the National Prosecution Authority (NPA) to investigate and reconstruct high profile motor vehicle accidents in South Africa.

Appointed by the Namibia Traffic Safety Counsel to reconstruct high profile accidents in Namibia.

A member of the Road Accident Fund (RAF) panel of experts.

Lecture of short courses in Traffic Accident Reconstruction and Cause Analysis at the Department of Civil Engineering, Stellenbosch University, 2005 to 2014.

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 WO EXPERIENCE

AARTO & Enforcement Specialist    2006 to 2013 Traffic Management Technologies I had the following functions.

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1.  To pro-actively market the expertise that will be provided by the Division to all relevant clients and prospective clients, which clients shall include, but not be limited to:

     1.1   Employees and representatives of the Road Traffic Management Corporation;

     1.2   Employees and representatives of the South African Police Services;

     1.3   Employees and representatives of the Department of Justice and the Courts of                     Law; Members of the legal profession, including attorneys and advocates;

     1.4   Employees and representatives of Insurance Companies; 

     1.5   Private individuals.

2.  To provide and present courses in Traffic Accident Reconstruction at any                   location, as and when demand requires, which courses will include, but not be           limited to:

     2.1   The Investigation of Serious Traffic Accidents Course;

     2.2   The Vehicle Dynamics and Driving Dynamics Course;

     2.3   Accident Reconstruction and Interpretation of the Law

3.  To provide expertise in reconstructing motor vehicle road accidents which                 expertise will include, but not be limited to:

     3.1   Merit reports; 

     3.2   Specialist reports;

     3.3   Accident Reconstruction;

     3.4   Road Accident Fund claims;

     3.5   Expert testimony in civil and criminal court hearings.

 

4.  To consult with relevant role players on providing consultancy services which           will include support and expertise in:

     4.1   The establishment of accident reconstruction units on national, provincial and                       municipal levels, as well as privately managed units;

     4.2   The establishment of accident bureaus in metro and other municipalities as                           requested not excluding provincial and on national level.

     4.3   General issues relating to transportation system, including introducing safety                         measurements, reducing the accident rate and improving effective law                                   enforcement.

     4.4   The establishment of alcohol units (dragger) on national, provincial and municipal                  levels, as well as privately managed units;

5.  To compile Traffic Assessment Engineering Reports on all routes as required by       the Director of Public Prosecutions in areas where TMT has contracts with the           Municipalities, Provinces and Metro. This reports includes:

     5.1   Site visits

     5.2   Photographing of speed locations including GPS co-ordinates. •Assisting with                       speed surveys as required

     5.3   Obtaining accident statistics

6.  Responsible for the layout design of the pre-operation selling of toll road (ETC)         tags at service stations in Gauteng and Pretoria. Design ETC Road block layouts       for the on-ramps to the open toll road network. This include

     6.1   Scale drawings of road block design

     6.2   Road block layout including reference to K78.

     6.3   Recommendations and consulting services.

     6.4   Training of operational personnel on the operational procedures at these road                         blocks.

     6.5   Above includes liaison with ETC Project Manager, SANRAL, depot Managers and                  Safety officers.

7.  To continue research and development to maintain expertise and to remain               abreast of development in the field of motor vehicle accident reconstruction,             this shall include, but not be limited to: 

     7.1   Compiling new training courses to be presented and upgrading of current courses;

     7.2   Developing and testing reconstruction resources, which include software and web                 interfaces;

     7.3   Maintaining high levels of expertise in all services provided.

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SUPERINTENDENT ACCIDENT RECONSTRUCTION     1992-2006 STELLENBOSCH TRAFFIC DEPARTMENT

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1.   Head of the accident response and accident investigation and reconstruction            unit • Managing of unit and personal in unit.

1.1   24 hours standby duties.

1.2   Testifying as expert in criminal cases.

1.3   Shooting range officer.

1.4   Operational Supervisor

1.5   Head of impound services

1.6   Acting Traffic Chief when required.

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DETECTIVE RESERVIST ORGANIZE CRIME     1996-2006 STELLENBOSCH SAPS

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 MEF THE FOLLOWING COMMITTEES/MEETINGS/ORGANTIONS

  1. TCSP subcommittee on Speed Enforcement by Camera.
  2. National TCSP committee member
  3. National Traffic Safety Steering Committee member.
  4. Road Traffic Management Corporation (RTMC), workshops

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DRAFTED THE FOLLOWING ARTICLES AND PRESENTED PAPERS AT VARIOUS INTERNATIONAL CONFERENCES

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  1. Travelling Speed and the Risk of Crash Involvement.
  2. Excessive Speed versus Pedestrians.
  3. Excessive Speed and the Intersection.
  4. Fatal Impact, the Physics of Speeding.
  5. Road Works and Road Safety in relation to Speed. 
  6. The Analytical Basis or the Implementation of Speed Enforcement in South Arica.
  7. High Speed Pursuit. 
  8. The Urgent Need for Specialized Training in Accident Reconstruction in South Africa.
  9. The use of Basic Speed Calculations in Determining Negligence.

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MAJOR COURT CASES

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  1. The investigating Officer in the biggest claim against the RAF in its history of 35mil  Euros.  The Fund paid the maximum allowed payment of R65 million Rand.
  2. In another case I was giving expert testimony, it lead to a successful claim against the RAF of R40 million.
  3. Gave expert testimony  for the prosecution in a Criminal Case in Bethlehem involving a police member where 3 reservists were killed in. The policeman was found guilty of 3 counts of culpable homicide.
  4. Appointed by the NPA to assist in the reconstruction of the culpable homicide case in which Ex-President, Nelson Mandela’s grandchild was killed at the opening of the World Cup in 2010.
  5. Appointed by the NPA  to reconstruct an accident on the N2.  
  6. Reconstructed an accident between an Articulated Vehicle and a motor vehicle in Ireland where I am expected to give expert testimony. 
  7. Reconstruction of Bethlehem Case for the NPA – Advocate Heemstra, accused to be charged with one count of murder and two of attempted murder.
  8. Reconstruction of Hermanus Case – Wooton Case for Adv. B Downer SC of the NPA.

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 MAJOR ACHIEVEMENTS

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  1. Lecture of courses in Traffic Accident Reconstruction and Cause Analysis at the    Department of Civil Engineering, Stellenbosch University, 2005 to 2014.
  2. Obtained the following 2 courses at the Northwestern University, Centre for Public    Safety, Evanston, Chicago, Illinois, United States of America

               2.1         Advanced Accident Reconstruction Level 2

               2.2         Advanced Heavy Vehicle Reconstruction Level 2

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OTHER ACHIEVEMENTS

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 1.Investigating Officer in a Negligent/Reckless driving case that lead to the biggest pay-out      by the RAF in history in South Arica namely R65 million.

2. Giving expert evidence in Supreme Court leading to a pay-out of R40 million by the RAF      to my client.

3. The training of officials of the RTMC in the Investigation of Serious Traffic Accidents as      well as an Advanced Course in Vehicle Dynamics and Driving Dynamics.

3. Appointment by the RAF as an expert in Accident Reconstruction for the fund.

4. Successful in convincing the Gauteng DPP in reducing the tolerance or Speed                      Enforcement by Camera from 20km/h to 10km/h as well as authorization to conduct            Speed Enforcement by Camera anywhere on an entire road based on scientific      studies. 

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 QUALIFICATIONS

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1.     Institute of Traffic Officers ITO3 Final Diploma: 1995

        Traffic Management, Road Traffic Act, SA Law, Criminal Procedure Act.

2.     Accident Investigation and Reconstruction Course: 1996

        CSIR Roads and Transport Technology, Stellenbosch.  

        Presenter: Dr. R.A. Opperman.

3.     Plan Drawing to Scale Course: 1997

        Drawing a plan to scale for accidents, Stellenbosch SAPS. 

        Presenter: Detective Inspector G.C.J. Du Plessis.

4.     Basic Accident Crash Investigation Course: 1999

        Texas A&M University System, Texas Engineering Extension Service, Law                              Enforcement & Security Training Division. TEEX, United States of America.

5.     Basic Reservist Course: 2001

       Stellenbosch SAPD. Presenter: Captain B. Prins

6.     Advance Crash Investigation Course: 2002

       Texas A&M University System, Texas Engineering Extension Service, Law                             Enforcement & Security Training Division. TEEX, United States of America.

7.     Teaching Assessment Course: 2002

        Technikon Pretoria, Bureau for Staff Development.

        University of Stellenbosch accredited courses, South-Africa.

8.     Lecturing in The Investigation of Serious Traffic Accidents Course, Vehicle                Dynamics and Driving Dynamics Course, Accident Reconstruction and Cause              Analysis Course.

9.     Special Weapons and Tactics Course: 1998

        Faure SAPS. Presenter: Snr. Superintendent R.D. Orsmond

10.  Writing for Public Relations: 2004

       University of Pretoria, Language Centre.

11.  VIP Protection Course: 2004

       Instructors of the SAPS Special Task Force.

12.  Reservist Detective Organize Crime: 2004

       Promoted to Detective Organized Crime, Stellenbosch SAPS

13.  Competency International Assessor & Facilitator: 

       Portfolio of evidence completed on 2005/03/30.  

14.  Advanced Accident Reconstruction Level 2: 2011

       Northwestern University, Centre for Public Safety, Evanston, Chicago, Illinois, United             States of America

15.  Advanced Heavy Vehicle Reconstruction Level 2: 2011

      Northwestern University, Centre for Public Safety, Evanston, Chicago, Illinois, United              States of America

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 NATIONAL PROSECUTING AUTHORITY

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From: Christhenus Van Der Vijver 

Sent: 30 April 2013 08:09 AM

To: Johan Joubert (J)

Subject: 

TO WHOM IT MAY CONCERN

Johan Joubert is known to me for a number of years. 

I have always found his work of a very high and professional standard. 

It is refreshing that irrespective of whether he is compiling a report on the request of the prosecution, or on request of the defence, he always demonstrates an objective approach in finding answers to the issue at hand. 

He is truly a witness of the court and not a ‘hired gun’ for a interested party.

He jealously protects his integrity and reputation and I can without any hesitation recommend him to be utilised as an expert in his field.

Christhénus van der Vijver

Adv C van der Vijver

Senior State Advocate Director of Public Prosecutions

CAPE TOWN

Tel: 021 4877045

Cell: 0824429350

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RECONSTRUCTED CASES

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 Traffic Accident Reconstruction Services reconstruct the follow type of case:

  1. Criminal cases

Here we are appointed as experts for the State by the NPA, Senior Public Prosecutors or are appointed directly by the Court as experts for the court.

We also defend persons against the State where we are appointed by a defence lawyer to defend his client, depending on the merits of the case.

  1. Civil cases

We reconstruct accidents that lead to claims against the RAF. Here we are appointed by a lawyer to determine the merits of a claim against the RAF.

We also defend the RAF in claims against them, where we are appointed by the RAF to determine the merits of a claim against them.

Claims against the state, including Minister of Police, Minister of Safety an Security, Municipalities and other State organs relating from traffic accidents.

  1. Insurance claims

We reconstruct accidents to determine negligence and\or recklessness in claims against Insurance Companies. This includes false claims (fraud) and recovering of insurer’s money from another insurer.

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Mr Martin Graham 

Mechanical Vehicle Analyst  

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He was the Regional Service Engineer for TACSA (TATA), Service Manager, FAW Super Trucks Workshop Manager, specializing in heavy-duty trucks.   

He compiled Expert reports and Technical Analysis for representation in Supreme Courts all over South Africa on the customer’s behalf and in conjunction with Counsel.   

He was the Product Manager at Mack Trucks.  He established the truck “Glider Kit” program in South Africa.   

He assisted in the establishment of an engine/box/axle recondition assembly line, to assist the “Glider Kit” program in competition to the ADE enforced engine program in South Africa.   

He was promoted to National Technical Assistant for Sigma Power Corporation Truck Division.  His responsibilities included liaison between SA, the USA and Japan, on all Product Design Related Problems and the implementation and monitoring of Rectification Programs for the Mack and Mitsubishi range of trucks.   

He identified Safety Related Product Failures by Warranty Code Statistics Analysis.   

He implemented and monitored Mandatory Safety Recall Programs in conjunction with manufacturers.   

He represented the National Service Division at the New Vehicle Selection Committee.  He was responsible for Armscor Product Development.  He was responsible for the Technical Update of 10 company branches in terms of Product Training, Tools and Equipment and Warranty Administration.

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