4. Appointment of Registrar of Road Traffic Licences
(1) There shall be a Registrar of Road Traffic Licences whose office shall be a public office and shall form part of the Public Service.
(2) The Registrar shall exercise the powers conferred, and perform the duties and functions imposed, upon him by or under this Act.
(3) The Registrar shall, in exercising the powers and performing the duties and functions referred to in subsection (2), be subject to the directions and orders of the Minister.
5. Register of licences
The Registrar shall keep:
(a) in a form approved by the Minister a register of all persons to whom internal licences have been issued; and
(b) such books, records and registers, other than the register referred to in paragraph (a), as may be directed by the Minister.
6. Drivers of motor vehicles to be licensed
(1) Subject to this Act, no person shall drive a motor vehicle on a road unless he:
(a) is the holder of a valid licence issued to him in respect of motor vehicles of the class concerned; and
[Paragraph amended by section 3 of Act 3 of 2000.]
(b) complies with the conditions, if any, subject to which the licence referred to in paragraph (a) was issued.
(2) The Minister may, by statutory instrument, direct the members of any class of persons referred to in paragraph (a) of subsection (1) or in subsection (5) of section eighty-three who were licensed or deemed to have been licensed to drive a motor vehicle on a road before a date specified in such notice to surrender their licences, together with such fees, photographs, medical certificates and other documents as may be prescribed, to the Registrar within a period specified in such notice.
(3) On receipt of a licence and the accompanying fees, photographs, medical certificates and other documents, if any, referred to in subsection (2), the Registrar shall:
(a) cancel such licence; and
(b) issue to the person whose licence he has cancelled a licence on the prescribed form in respect of motor vehicles of the class concerned.
(4) The licence of a person who fails to comply with a direction made in terms of subsection (2) shall be deemed to have been cancelled with effect from the date of expiry of the period specified in the notice concerned or such longer period as the Minister, on the application of such person, may allow.
(5) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment:
Provided that, if the motor vehicle he was driving in contravention of that subsection was a commuter omnibus or a heavy vehicle, he shall be liable to imprisonment for a period not exceeding five years and not less than six months, unless he satisfies the court that:
(a) he possessed a licence issued to him in respect of commuter omnibuses or heavy vehicles, as the case may be; and
(b) the licence referred to in paragraph (a) ceased to be valid on the expiry of the period referred to in subsection (1) of section fourteen A; and
(c) he could lawfully have renewed the licence referred to in paragraph (a) and, had he done so, he would have been entitled to drive the commuter omnibus or heavy vehicle concerned;
or unless he satisfies the court, in terms of section eighty-eight A, that there are special reasons in the case why that penalty should not be imposed upon him.
[Subsection substituted by section 3 of Act 3 of 2000 and amended by section 4 of Act 22 of 2001.]
(6) Subject to Part IX, a court convicting a person of an offence in terms of subsection (5) may prohibit him from driving for such period as the court thinks fit:
Provided that, if the motor vehicle he was driving in contravention of subsection (1) was a commuter omnibus or a heavy vehicle, the court shall prohibit him for life from driving motor vehicles of the class to which commuter omnibuses or heavy vehicles, as the case may be, belong, unless he satisfies the court that:
(a) he possessed a licence issued to him in respect of commuter omnibuses or heavy vehicles, as the case may be; and
(b) the licence referred to in paragraph (a) ceased to be valid on the expiry of the period referred to in subsection (1) of section fourteen A; and
(c) he could lawfully have renewed the licence referred to in paragraph (a) and, had he done so, he would have been entitled to drive the commuter omnibus or heavy vehicle concerned;
or unless he satisfies the court, in terms of section eighty-eight A, that there are special reasons in the case why such a prohibition should not be imposed upon him.
[Subsection substituted by section 3 of Act 3 of 2000.]
7. Minimum age limits for drivers of motor vehicles
(1) Notwithstanding anything contained in this Act, no person under the age of:
(a) sixteen years shall drive on a road any motor vehicle; or
(b) eighteen years shall drive on a road a construction vehicle, heavy vehicle or passenger public service vehicle other than an omnibus or a commuter omnibus; or
[Paragraph amended by section 4 of Act 3 of 2000.]
(c) twenty-five years shall drive an omnibus or a commuter omnibus on a road.
[Paragraph inserted by section 4 of Act 3 of 2000.]
(2) A licence issued to a person under the age of:
(a) sixteen years in respect of any motor vehicle; or
(b) eighteen years in respect of a construction vehicle, heavy vehicle or passenger public service vehicle other than an omnibus or a commuter omnibus; or
[Paragraph amended by section 4 of Act 3 of 2000.]
(c) twenty-five years in respect of an omnibus or a commuter omnibus;
[Paragraph inserted by section 4 of Act 3 of 2000.]
shall be invalid.
(3) …
[Subsection repealed by section 4 of Act 3 of 2000.]
(4) A court convicting a person of an offence in terms of subsection (3) may, subject to Part IX, prohibit the person from driving for such period as the court thinks fit.
[Subsection amended by section 4 of Act 3 of 2000.]
7A. Maximum age limit for drivers of certain motor vehicles
Any person who is over the age of seventy years and who drives on a road a commuter omnibus or a heavy vehicle that is a public service vehicle shall be guilty of an offence and liable to imprisonment for a period not exceeding two years and not less than six months.
[Section inserted by section 5 of Act 3 of 2000.]
8. Tractor drivers permits
(1) In this section:
“farmer” means a person who is licensed in terms of the Farmers Licensing and Levy Act [Chapter 18:10];
“miner” means a person who is the holder of a registered mining location;
“prescribed officer” means a person whom the Minister has appointed by statutory instrument to be a prescribed officer for the purposes of this section;
“registered mining location” has the meaning given by the Mines and Minerals Act [Chapter 21:05].
(2) Subject to this section:
(a) a farmer or miner or his manager may authorize on the prescribed form the issue of a tractor drivers permit to a person who is employed by the farmer or miner entitling such person to drive a tractor owned or possessed by the farmer or miner; or
(b) a prescribed officer may, on the application of a self-employed farmer or miner, authorize on the prescribed form the issue of a tractor drivers permit to such farmer or miner entitling him to drive a tractor owned or possessed by him;
on any road for farming or mining purposes, as the case may be, and such authority shall be deemed to be a tractor drivers permit for such period as may be prescribed.
(3) A farmer or miner or his manager or a prescribed officer, as the case may be, may authorize on the prescribed form the issue of a duplicate tractor drivers permit to replace a tractor drivers permit:
(a) issued in respect of the farm or registered mining location concerned; and
(b) which he is satisfied has been destroyed, lost or defaced in any essential particular.
(4) No authority for the issue of a tractor drivers permit or duplicate tractor drivers permit, as the case may be, shall be given in terms of subsection (2) or (3):
(a) in respect of a person who is the holder of a drivers licence issued in respect of a class of motor vehicle to which tractors belong; or
(b) by a person who is not the holder of a drivers licence referred to in paragraph (a); or
(c) unless the person giving such authority has satisfied himself that the person in respect of whom such authority is given:
(i) has a good practical knowledge of the rules of the road, road signals and road signs and is competent to drive and control a tractor; and
(ii) is not suffering from any disease or other disability which, in the opinion of the person giving such authority, would render the person in respect of whom such authority is given incapable of effectively driving and controlling a tractor without endangering the public safety; or
(d) in respect of a person who is prohibited from driving motor vehicles of a class to which tractors belong.
(5) A farmer or miner or his manager or a prescribed officer, as the case may be, who authorizes the issue of a tractor drivers permit or duplicate tractor drivers permit in terms of subsection (2) or (3) shall forthwith transmit to the Registrar:
(a) a copy of such authority; and
(b) the prescribed fee; and
(c) such documents, other than the copy referred to in paragraph (a), and particulars as may be prescribed.
(6) As soon as possible after the receipt of a copy of the authority concerned, the prescribed fee and the documents and particulars referred to in subsection (5), the Registrar shall:
(a) if from his records it appears that the person in respect of whom such authority has been given is not:
(i) prohibited from driving; or
(ii) the holder of a drivers licence issued in respect of;
a class of motor vehicle to which tractors belong; and
(b) if he is satisfied that:
(i) the person who authorized the issue of a tractor drivers permit in terms of subsection (2) or (3) is the holder of a drivers licence issued in respect of a class of motor vehicle to which tractors belong; and
(ii) such copy, fee and documents and particulars are in order;
issue a tractor drivers permit or duplicate tractor drivers permit on the prescribed form and transmit the same to the person who authorized such issue.
(7) On receipt of the tractor drivers permit or duplicate tractor drivers permit transmitted to him in terms of subsection (6), the person who authorized the issue of such tractor drivers permit or duplicate tractor drivers permit shall forthwith give the same to the person to whom it is issued.
(8) The holder of a tractor drivers permit shall:
(a) not drive a tractor on a road:
(i) unless he has the tractor drivers permit on his person; or
(ii) outside the area of the farm or registered mining location specified in the tractor drivers permit as the farm or registered mining location:
A. where he is employed; or
B. occupied by him;
as the case may be, or a belt ten kilometres wide outside the boundaries of such farm or registered mining location and contiguous thereto; or
(iii) within the urban area under the jurisdiction of a local authority or within such other area as may be prescribed;
(b) surrender the tractor drivers permit to the farmer or miner by whom he is employed or the manager of such farmer or miner or, in the case of such a holder who is a self-employed farmer or miner, to the prescribed officer concerned if he:
(i) ceases to be employed on or to farm or mine, as the case may be, the farm or registered mining location in respect of which the tractor drivers permit was issued; or
(ii) becomes the holder of a drivers licence in respect of a class of motor vehicle to which tractors belong; or
(iii) is required to do so by such farmer or miner or manager or prescribed officer, as the case may be.
(9) A farmer or miner or his manager or a prescribed officer, as the case may be, to whom a tractor drivers permit has been surrendered in terms of subsection (8) shall forthwith transmit the tractor drivers permit, together with such particulars as may be prescribed, to the Registrar for cancellation.
(10) The tractor drivers permit of a person to whom a licence is issued in respect of a class of motor vehicle to which tractors belong shall be invalid with effect from the date on which the licence is issued.
(11) A person who, not being the holder of a drivers licence issued in respect of a class of motor vehicle to which tractors belong, authorizes the issue of a tractor drivers permit in terms of paragraph (a) of subsection (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(12) A person who contravenes the provisions of subsection (8) shall be:
(a) guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment; and
(b) additionally liable, in the case of a contravention of paragraph (a) of that subsection and subject to Part IX, to be prohibited from driving by the court convicting him for such period as such court thinks fit.
[Subsection amended by section 4 of Act 22 of 2001.]
9. Issue of learners licences
(1) Subject to subsection (2) and of subsection (8) of section ten, a person who does not hold a drivers licence issued in respect of motor vehicles of a particular class may apply on the prescribed form to an examiner for a learners licence in respect of such class.
(2) No person shall apply in terms of subsection (1) for a learners licence in respect of a class of motor vehicle to which omnibuses belong unless he has held for such continuous period as may be prescribed a licence, other than a learners licence, in respect of such class of motor vehicle as may be prescribed.
(3) As soon as possible after receipt of an application referred to in subsection (1), together with such documents, fees and photographs as may be prescribed, an examiner shall:
(a) test the applicant; and
(b) if satisfied that the applicant:
(i) has orally or in writing displayed a good knowledge of the rules of the road, road signals and road signs; and
(ii) is not suffering from any disease or other disability which, in the opinion of the examiner, would render him incapable of driving and controlling a motor vehicle without endangering the public safety;
issue to the applicant a learners licence on the prescribed form in respect of motor vehicles of the class to which his application relates:
Provided that the examiner shall:
(a) not issue to the applicant a learners licence in respect of motor vehicles of a class which the applicant is prohibited from driving unless such prohibition is imposed in terms of paragraph (a) of subsection (1) of section sixty-three;
(b) if he is not satisfied that the applicant is not suffering from any disease or other disability referred to in subparagraph (ii) of paragraph (b) of this subsection and therefore refuses to issue to the applicant such learners licence, refund to the applicant such fees.
(4) A person whose application has been refused because the examiner concerned is not satisfied that such person is not suffering from any disease or other disability referred to in subparagraph (ii) of paragraph (b) of subsection (3) may apply within such period as may be prescribed to a magistrate for the holding of an inquiry into the alleged disease or other disability concerned and subsections (4) to (9) of section twelve shall apply, mutatis mutandis.
(5) A learners licence shall:
(a) be subject to such conditions as the examiner issuing the same thinks fit to impose; and
(b) be valid for such period from the date of issue thereof as may be prescribed; and
(c) subject to this section, entitle the holder thereof to drive on a road a motor vehicle of the class in respect of which the learners licence is issued.
(6) The holder of a learners licence shall not drive a motor vehicle of the class concerned on a road unless he is under the supervision of a person who is:
(a) the holder of a licence, other than a learners licence, issued in respect of a motor vehicle of the same class as; and
(b) within reach of the steering wheel of;
the motor vehicle being driven by such holder:
Provided that this subsection shall not apply to the driving by the holder of a learners licence of:
(a) a motor cycle; or
(b) a motor vehicle, other than a motor cycle, which has only one seat which is provided for the driver thereof; or
(c) a motor vehicle which he is entitled to drive in terms of this Act by virtue of being the holder of some other valid licence.
(7) The holder of a learners licence driving on a road a motor cycle or a motor vehicle referred to in paragraph (b) of the proviso to subsection (6) shall not carry a passenger thereon.
(8) The holder of a learners licence shall not drive on a road:
(a) a public service vehicle carrying passengers for hire or reward; or
(b) a motor vehicle of a class in respect of which his learners licence has been issued unless there are affixed to the front and rear of the motor vehicle discs or plates:
(i) of the prescribed dimensions; and
(ii) composed of the prescribed materials; and
(iii) bearing the letter L in red on a white background:
Provided that the holder of a learners licence may drive a motor vehicle on a road without such plates being affixed thereto if he is entitled in terms of this Act to drive such motor vehicle on a road by virtue of being the holder of some other valid licence.
(9) The holder of a licence, other than a learners licence, shall not drive a motor vehicle on a road with the discs or plates referred to in paragraph (b) of subsection (8) affixed thereto unless the holder of a learners licence in respect of motor vehicles of the class concerned is:
(a) in or on, as the case may be, the motor vehicle; and
(b) under instruction by such first-mentioned holder.
(10) A person who:
(a) fails to comply with the conditions, if any, subject to which a learners licence is issued to him; or
(b) contravenes subsection (2), (6), (7), (8) or (9);
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
10. Issue of certificates of competency and drivers licences
(1) The holder of a learners licence may apply on the prescribed form to an examiner for a certificate of competency to drive:
(a) motor vehicles of any class, other than omnibuses; or
(b) omnibuses, if he has held for such continuous period as may be prescribed a licence, other than a learners licence, in respect of such class of motor vehicles as may be prescribed.
(2) As soon as possible after the receipt of an application in terms of subsection (1), together with:
(a) the prescribed fee; and
(b) such licences, including the learners licence, of the applicant and documents as may be prescribed;
the examiner concerned shall:
(i) test the applicant; and
(ii) if satisfied that the applicant:
A. has a good practical knowledge of the rules of the road, road signals and road signs and is competent to drive and control; and
B. is not suffering from any disease or other disability which, in the opinion of such examiner, would render the applicant incapable of effectively driving and controlling, without endangering the public safety;
a motor vehicle of the class concerned, issue to the applicant a certificate of competency on the prescribed form and endorse the learners licence of the applicant in such manner as may be prescribed:
Provided that such examiner shall, if he is not satisfied that the applicant is not suffering from any disease or other disability referred to in subparagraph B and therefore refuses to issue to the applicant such certificate of competency, refund to the applicant the fee referred to in paragraph (a).
(3) A person whose application has been refused because the examiner concerned is not satisfied that such person is not suffering from any disease or other disability referred to in subparagraph B of subparagraph (ii) of subsection (2) may apply within such period as may be prescribed to a magistrate for the holding of an inquiry into the alleged disease or other disability concerned and subsections (4) to (9) of section twelve shall apply, mutatis mutandis.
(4) A certificate of competency shall:
(a) specify the class of motor vehicle to which it relates; and
(b) be deemed for such period as may be prescribed and for the purposes of this Act to be a drivers licence issued in respect of the class of motor vehicle specified in terms of paragraph (a); and
(c) be subject to such conditions as the examiner concerned thinks fit to impose.
(5) If an examiner issues a certificate of competency, he shall transmit to the Registrar:
(a) a copy of the certificate of competency; and
(b) such licences, including the learners licence of the applicant, and documents as may be prescribed.
(6) Subject to section nineteen, as soon as possible after the receipt of the copy of the certificate of competency and of the licences and documents, if any, transmitted in terms of subsection (5), the Registrar shall:
(a) if from his records it appears that the applicant is not prohibited from driving motor vehicles of the class to which his certificate of competency relates; and
(b) if he is satisfied that such licences and documents are in order; and
(c) in the case of an applicant for a drivers licence in respect of motor vehicles of a class to which omnibuses belong, if he is satisfied that the applicant has held for such continuous period as may be prescribed a licence, other than a learners licence, in respect of such class of motor vehicle as may be prescribed;
issue a drivers licence on the prescribed form in respect of the class of motor vehicle to which the certificate of competency concerned relates and transmit the drivers licence to the applicant.
(7) The Registrar:
(a) shall endorse on each drivers licence issued by him a reference to any conditions subject to which the certificate of competency concerned was issued; and
(b) may, on the production to him by the holder of the drivers licence concerned of a medical or optical certificate or other satisfactory proof of recovery from any disease or other disability, amend or cancel any condition:
(i) referred to in paragraph (a); or
(ii) imposed in terms of subsection (2) of section fifteen; or
(iii) referred to in subsection (6) of section sixty-two or paragraph (b) of subsection (1) of section sixty-three.
(8) Notwithstanding anything contained in this section, if:
(a) the Registrar issues in terms of subsection (6) a drivers licence to the holder of a certificate of competency; and
(b) the holder referred to in paragraph (a) wishes to obtain a drivers licence in respect of a class of motor vehicle other than:
(i) an omnibus; or
(ii) motor vehicles of the class in respect of which his drivers licence is issued;
the holder referred to in paragraph (a) shall, for the purpose of obtaining the requisite additional certificate of competency and for such period from the date of issue to him of the drivers licence referred to in paragraph (a) as may be prescribed, be deemed to be the holder of a learners licence issued in respect of such class of motor vehicle as may be prescribed.
(9) A person who fails to comply with any condition subject to which a certificate of competency was issued to him or with any such condition as amended in terms of subsection (7) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
11. Persons whose licences have been cancelled to apply for learners licences
(1) Notwithstanding anything contained in this Part, a person:
(a) whose licence has been cancelled in terms of this Act; and
(b) who wishes to obtain a drivers licence after the date of expiry of the period of prohibition from driving concerned, if any;
shall, unless he is deemed in terms of subsection (8) of section ten to be the holder of the requisite learners licence, apply for a learners licence in terms of subsection (1) of section nine.
(2) A person who knowingly applies for a learners licence in terms of subsection (1) before the date of expiry of any period referred to in paragraph (b) of that subsection shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(3) A court convicting a person of an offence in terms of subsection (2) may, subject to Part IX, prohibit the person from driving for such period as the court thinks fit.
12. Medical examinations and medical certificates
(1) If an examiner, in considering an application in terms of section nine or ten, has any doubt whether or not the applicant is suffering from any disease or other disability which would render him incapable of effectively driving and controlling a motor vehicle of the class concerned without endangering the public safety, the examiner may require the applicant:
(a) to undergo such examination or test as may be prescribed to assist the examiner in determining whether or not the applicant is so suffering; or
(b) to produce to the examiner a medical or optical certificate on the prescribed form;
or to undergo such examination or test and to produce such medical or optical certificate.
(2) The examiner concerned shall, if:
(a) an applicant referred to in subsection (1) fails to comply with a requirement made in terms of that subsection; or
(b) an examination or test referred to in paragraph (a) of subsection (1) or a medical or optical certificate referred to in paragraph (b) of that subsection shows that the applicant concerned is incapable of effectively driving and controlling a motor vehicle of the class concerned without endangering the public safety;
refuse to grant the application concerned and refund to such applicant:
(i) the fees referred to in subsection (3) of section nine; or
(ii) the fee referred to in paragraph (a) of subsection (2) of section ten;
as the case may be.
(3) A person whose application has been refused in terms of subsection (2) may apply within such period as may be prescribed to a magistrate for the holding of an inquiry into the alleged disease or other disability concerned.
(4) On receipt of an application in terms of subsection (3), the magistrate concerned shall hold the inquiry referred to in that subsection and section sixty-two shall apply, mutatis mutandis, in respect thereof.
(5) A magistrate holding an inquiry in terms of subsection (4):
(a) shall have all the powers conferred upon a magistrate by section sixty-two; and
(b) may confirm or set aside the decision of the examiner concerned in respect of the alleged disease or other disability concerned.
(6) If an applicant is aggrieved by the decision of a magistrate in terms of subsection (5), he may appeal to a judge of the High Court who may refer the matter to a court of the High Court for argument.
(7) On an appeal in terms of subsection (6):
(a) the judge or court concerned may confirm or set aside the decision of the magistrate concerned; and
(b) the decision of the judge or court concerned shall be final.
(8) If the decision of an examiner or magistrate is set aside in terms of subsection (5) or (7), as the case may be, the applicant concerned may apply afresh in terms of section nine or ten.
(9) In considering a fresh application referred to in subsection (8), the examiner concerned shall abide by the decision of:
(a) the magistrate in terms of subsection (5); or
(b) the judge or court in terms of subsection (7);
as the case may be.
13. Certain drivers to produce special medical certificates
(1) In this section:
“Government medical officer” means a medical practitioner in the employment of the State;
[Definition inserted by section 6 of Act 3 of 2000.]
“special medical certificate” means a certificate on the prescribed form referred to in subsection (5).
(2) This section shall not apply to:
(a) the holder of a foreign drivers licence entitled to drive a motor vehicle in Zimbabwe by virtue of his foreign drivers licence and to whom a drivers licence has not been issued, merely by reason of the fact that he is over such age as may be prescribed; or
(b) any police officer, member of the Defence Forces, inspecting officer or examiner who drives or supervises the driving of an omnibus or passenger public service vehicle in the normal course of his duties; or
(c) any person who is licensed to drive any class of omnibus or passenger public service vehicle in any state, territory or province outside Zimbabwe while he is driving within Zimbabwe an omnibus or passenger public service vehicle of the same class which is registered in such state, territory or province.
(3) For the purposes of this section, the validity of a special medical certificate shall expire on such anniversary of the date on which the special medical certificate was issued as may be prescribed:
Provided that a further special medical certificate issued during the period of three months immediately preceding the date of expiry of a current special medical certificate held by the person to whom the further special medical certificate is issued shall expire on such anniversary of such date as may be prescribed.
(4) Notwithstanding anything contained in this Part, no person shall drive on a road:
(a) an omnibus or passenger public service vehicle; or
(b) in the case of a person who is over such age as may be prescribed, a motor vehicle;
unless his licence bears an endorsement:
(i) made in terms of subsection (6); and
(ii) showing that there is in force a special medical certificate relating to him; and
(iii) where he is driving an omnibus or a commuter omnibus, showing that the special medical certificate was issued by a Government medical officer.
[Paragraph inserted by section 6 of Act 3 of 2000.]
(5) A person who wishes to obtain an endorsement referred to in subsection (4) shall produce:
(a) if he is the holder of a licence, to the Registrar or an issuer of licences; or
(b) if he is applying for the issue to him of a learners licence or certificate of competency, to an examiner;
together with the licence or application, as the case may be, a certificate on the prescribed form showing that such person is not suffering from any disease or other disability which would render him incapable of effectively driving and controlling an omnibus, passenger public service vehicle or motor vehicle, as the case may be, without endangering the public safety and, in the case of a driver or intending driver of an omnibus or passenger public service vehicle, without endangering public health:
Provided that a person who:
(a) is the holder of a learners licence bearing an endorsement made in terms of subsection (6); and
(b) during the period of validity of such certificate, applies for a certificate of competency;
shall not be required to produce a fresh such certificate to the examiner and the endorsement referred to in paragraph (a) shall be transferred to any drivers licence issued to him in respect of such certificate of competency as may in turn have been issued to him as a result of the application referred to in paragraph (b).
(6) A licence:
(a) produced by the holder thereof in terms of; or
(b) issued to the applicant therefor and referred to in;
subsection (5) shall be endorsed by the Registrar or the examiner concerned, as the case may be, with the date of expiry of the special medical certificate concerned and, where the certificate was issued by a Government medical officer, with a note to that effect.
[Subsection amended by s.6 of Act 3 of 2000.]
(7) A person who contravenes subsection (4) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(8) A court convicting a person of an offence in terms of subsection (7) may, subject to Part IX, prohibit the person from driving for such period as the court thinks fit.
14. Duplicate licences
(1) Subject to subsection (7) of section sixty-six, if a learners licence or drivers licence:
(a) is lost or destroyed; or
(b) has been defaced in any essential particular; or
(c) is dilapidated; or
(d) lacks space for essential particulars;
the Registrar shall, on application on the prescribed form by the holder of such licence and receipt of the prescribed fee, documents and photographs, issue a duplicate learners licence or drivers licence to such holder:
Provided that:
(i) if the learners licence or drivers licence lacks space for essential particulars or, in the opinion of the Registrar, is dilapidated through reasonable wear and tear, no such fee shall be payable;
(ii) the Registrar shall not issue a duplicate drivers licence to replace one that has expired in terms of section fourteen A.
[Section amended by section 7 of Act 3 of 2000.]
(2) If, in the opinion of the Registrar, a learners licence or a drivers licence:
(a) has been defaced in any essential particular; or
(b) is dilapidated; or
(c) lacks space for essential particulars;
he may serve on the holder of the learners licence or drivers licence a notice on the prescribed form calling on such holder to apply within the prescribed period for a duplicate learners licence or drivers licence in terms of subsection (1).
(3) A person who, without reasonable excuse, fails to comply with a notice served on him in terms of subsection (2) shall be guilty of an offence and liable to a fine not exceeding level four.
[Subsection amended by section 4 of Act 22 of 2001.]
(4) No duplicate learners licence or duplicate drivers licence may be issued to a person until the Registrar has endorsed thereon the particulars of each endorsement, if any, which was, or should have been, made on:
(a) any previous duplicate; or
(b) the original;
learners licence or drivers licence, as the case may be.
(5) When a duplicate learners licence or duplicate drivers licence is issued, any previous or the original learners licence or drivers licence or both, as the case may be, shall be invalid.
(6) A person to whom a duplicate learners licence or drivers licence has been issued shall surrender any previous duplicate learners licence or drivers licence and the original learners licence or drivers licence:
(a) if still in his possession, forthwith; or
(b) if lost and subsequently found, not later than thirty days after the date of such finding;
to the Registrar.
(7) A person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence and liable to a fine not exceeding level five.
[Subsection amended by section 4 of Act 22 of 2001.]
(8) Notwithstanding anything contained in this section, if:
(a) an application is made for the issue of a duplicate learners licence or drivers licence; and
(b) the Registrar is unable to trace the issue of the original learners licence or drivers licence to the person making the application referred to in paragraph (a); and
(c) the person referred to in paragraph (b) is unable to satisfy the Registrar that such person was the holder of the original learners licence or drivers licence;
the Registrar shall refuse to issue a duplicate learners licence or drivers licence.
14A. Period of validity and renewal of drivers licences
(1) A drivers licence, whether issued before, on or after the appointed date, shall be valid for such period as may be prescribed and, upon the expiry of that period, shall not entitle the holder to drive any vehicle on any road unless it has been renewed in the form and manner prescribed.
(2) Regulations in terms of section eighty-one may provide for:
(a) the renewal of drivers licences and additionally, or alternatively, the issue of fresh drivers licences to replace those that have expired in terms of subsection (1);
(b) the reports, documents and information to be provided by persons so that their drivers licences may be renewed or fresh drivers licences may be issued to them to replace those that have expired in terms of subsection (1);
(c) the fees and charges payable for the renewal of drivers licences or the issue of fresh drivers licences to replace those that have expired in terms of subsection (1).
(3) Regulations referred to in subsection (2) may be made to apply to drivers licences issued before the date of commencement of the regulations.
[Section inserted by section 8 of Act 3 of 2000.]
15. Voluntary surrender of licences for cancellation or imposition of conditions
(1) The holder of an internal licence may voluntarily surrender the internal licence to the Registrar:
(a) for cancellation; or
(b) if such holder is suffering from a disease or other disability, for the imposition of conditions relating to the driving of motor vehicles during the continuance of the disease or other disability.
(2) On receipt of an internal licence surrendered in terms of subsection (1), the Registrar shall:
(a) cancel such internal licence; or
(b) impose such conditions referred to in paragraph (b) of that subsection as he may consider necessary and endorse the same on such internal licence;
and note such cancellation or endorsement, as the case may be, in the register kept in terms of paragraph (a) of section five.