62. Prohibition from driving on ground of disease or other disability
(1) Whenever it is alleged or appears to a magistrate that the holder of a licence may be suffering from any disease or other disability which may render such holder incapable of effectively driving and controlling on a road a motor vehicle without endangering the public safety, the magistrate may cause a notice in writing under his hand to be served on such holder requiring such holder:
(a) to appear at a time, on a date and at a place specified in such notice:
Provided that such date shall not be sooner than three days after the date of such notice; and
(b) to show cause why he should not be prohibited from driving.
(2) At the time, on the date and at the place specified in the notice referred to in subsection (1), the magistrate concerned:
(a) shall, if the person on whom such notice was served:
(i) appears, in the presence of such person; or
(ii) fails to appear, in the absence of such person;
proceed to inquire into the alleged or apparent disease or other disability; and
(b) may, for the purpose of an inquiry referred to in paragraph (a):
(i) take on oath any evidence which he thinks necessary; and
(ii) afford the person on whom such notice was served, if he is present, an opportunity to:
A. reply thereto on oath; and
B. show cause why he should not be prohibited from driving.
(3) A magistrate holding an inquiry referred to in subsection (2):
(a) shall cause to be kept and filed a record in writing of the proceedings of such inquiry; and
(b) may, if he has any doubt whether or not the person concerned is suffering from any disease or other disability referred to in subsection (1), direct such person to be examined by such medical practitioner or optician as such magistrate may nominate and the costs, if any, of such examination shall be met out of moneys appropriated by Act of Parliament for the purpose.
(4) If a magistrate has directed a person to be examined in terms of paragraph (b) of subsection (3), he may, if he thinks it necessary for the purposes of the inquiry concerned, summon the medical practitioner or optician concerned to give evidence in such inquiry.
(5) Sections 7 to 13 of the Housing Standards Control Act [Chapter 29:08] shall apply, mutatis mutandis, to an inquiry referred to in subsection (2) as if the proceedings of such inquiry were proceedings before a housing court.
(6) A magistrate holding an inquiry referred to in subsection (2) may, if:
(a) the person in connection with whom such inquiry is being held fails to submit himself to the medical or optical examination referred to in paragraph (b) of subsection (3); or
(b) as a result of such inquiry, such magistrate thinks fit;
prohibit such person from driving for such period as such magistrate thinks fit or permit such person to drive a motor vehicle on a road subject to such conditions as he thinks fit to endorse on the licence of such person.
(7) A person who fails to comply with any condition referred to in subsection (6) 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.]
(8) A person who is aggrieved by:
(a) a prohibition from driving made in terms of; or
(b) a condition referred to in;
subsection (6) may appeal against such prohibition from driving or condition to a judge of the High Court, who may refer the matter to a court of the High Court for argument.
(9) On an appeal in terms of subsection (8):
(a) the judge or court concerned may confirm, vary or set aside the order of the magistrate concerned; and
(b) the decision of the judge or court concerned shall be final.
(10) The registrar of the High Court shall, on the making of a decision by a judge or court of the High Court in terms of subsection (9), transmit particulars of such decision to the Registrar.
63. Prohibition from driving by courts of persons who are incompetent to drive or incapable of driving
(1) Subject to this Act, a court which acquits or convicts a person charged with an offence in terms of this Act or referred to in subsection (1) of section sixty-four may, if, having regard to the evidence adduced before verdict and to such further evidence as such court thinks fit to hear thereafter, such court is satisfied that such person is:
(a) incompetent to drive or control a motor vehicle, prohibit such person from driving and require such person:
(i) to surrender any licence held by him; and
(ii) within a period specified by such court, to produce the appropriate certificate of competency;
to the clerk of court or the registrar of the High Court, as the case may be; or
(b) suffering from any disease or other disability which may render such holder incapable of effectively driving and controlling a motor vehicle without endangering the public safety, prohibit such person from driving for such period as such court thinks fit or permit such person to drive a motor vehicle on a road subject to such conditions as such court thinks fit to endorse on the licence of such person.
(2) The clerk of court or registrar of the High Court, as the case may be, shall:
(a) transmit any licence surrendered to him in compliance with a requirement in terms of paragraph (a) of subsection (1) to the Registrar; and
(b) notify the Registrar in writing of each prohibition from driving, requirement or condition made or imposed, as the case may be, by the court concerned in terms of subsection (1).
(3) Notwithstanding any prohibition from driving imposed on him in terms of paragraph (a) of subsection (1) and the existence of any licence held by him, the person so prohibited may apply for a learners licence in respect of motor vehicles of the class to which such prohibition from driving extends and section nine and of subsections (1) to (4) of section ten shall thereafter apply, mutatis mutandis.
(4) If a person:
(a) required in terms of paragraph (a) of subsection (1):
(i) to surrender a licence fails without reasonable excuse to do so within a period of seven days from the date of such requirement, he 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; or
[Subparagraph amended by section 4 of Act 22 of 2001.]
(ii) to produce a certificate of competency, fails to do so within the period specified in terms of that paragraph, any licence surrendered by him shall be cancelled in respect of motor vehicles of the class to which the prohibition from driving concerned extends; or
(b) fails to comply with any condition referred to in paragraph (b) of subsection (1), he 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.
[Paragraph amended by section 4 of Act 22 of 2001.]
(5) On the production of a certificate of competency in compliance with a requirement in terms of paragraph (a) of subsection (1):
(a) the clerk of court or the registrar of the High Court, as the case may be, shall notify the Registrar in writing accordingly; and
(b) the Registrar shall, on receipt of a notification in terms of paragraph (a), return to the person concerned any licence surrendered by him; and
(c) the prohibition from driving imposed in terms of paragraph (a) of subsection (1) shall cease to be of force and effect.
(6) A person who is aggrieved by a prohibition from driving, requirement or condition made or imposed, as the case may be, in terms of subsection (1) may appeal against the prohibition, requirement or condition:
(a) to the Supreme Court, where the prohibition, requirement or condition was made or imposed, as the case may be, by the High Court; or
(b) to the High Court, in any other case.
[Subsection as substituted by section 10 of Act 9 of 1997]
(7) On an appeal in terms of subsection (6), the Supreme Court or the High Court, as the case may be, may confirm, vary or set aside the prohibition from driving, requirement or condition concerned.
[Subsection as amended by section 10 of Act No. 9 of 1997]
(8) The registrar of the Supreme Court or the registrar of the High Court, as the case may be, shall notify the Registrar of any decision made the Supreme Court or the High Court on an appeal in terms of subsection (6).
[Subsection as substituted by section 10 of Act 9 of 1997]
64. Prohibition from driving on conviction of certain offences
(1) Subject to this Part, a court convicting a person of an offence in terms of any law other than this Act by or in connection with the driving of a motor vehicle on a road may, in addition to any other penalty which it may lawfully impose, prohibit the person from driving for such period as it thinks fit.
(2) Subject to subsection (3), on a second or subsequent conviction for an offence at common law, which offence involves killing or injuring or attempting to kill or injure a person by or in connection with the driving of a motor vehicle on a road, the court concerned shall prohibit the person convicted from driving for a period of not less than twelve months unless such court, having regard to the lapse of time since the date of the previous or last previous conviction for such offence, prohibits the person convicted from driving for a shorter period or declines to prohibit such person from driving and endorses its reasons for so prohibiting or declining on the record of the case when passing sentence.
(3) If, on convicting a person of murder, attempted murder, culpable homicide, assault or any similar offence by or in connection with the driving of a motor vehicle, the court considers:
(a) that the convicted person would have been convicted of an offence in terms of this Act involving the driving or attempted driving of a motor vehicle if he had been charged with such an offence instead of the offence at common law; and
(b) that, if the convicted person had been convicted of the offence in terms of this Act referred to in paragraph (a), the court would have been required to prohibit him from driving and additionally, or alternatively, would have been required to cancel his licence;
the court shall, when sentencing him for the offence at common law:
(i) prohibit him from driving for a period that is no shorter than the period of prohibition that would have been ordered had he been convicted of the offence in terms of this Act referred to in paragraph (a); and
(ii) cancel his licence, if the court would have cancelled his licence on convicting him of the offence in terms of this Act referred to in paragraph (a).
64A. Prohibition from driving and cancellation of licence upon accumulation of penalty points
(1) In this section:
“penalty point” means a penalty point provided for in regulations referred to in section eighty-three A.
(2) Where a court convicts a person of an offence relating to the driving of a motor vehicle and the court is satisfied that he has accumulated or, by virtue of the conviction, will accumulate the number of penalty points which, in terms of regulations referred to in section eighty-three A, requires him to be prohibited from driving and additionally, or alternatively, requires his licence to be cancelled, the court shall:
(a) prohibit him from driving for the requisite period; and additionally, or alternatively
(b) cancel his licence in respect of all or any classes of motor vehicles, as required by the said regulations;
in addition to any other penalty which the court may lawfully impose upon him.
(3) Where a court convicts a person in terms of section 356 of the Criminal Procedure and Evidence Act [Chapter 9:07] of an offence relating to the driving of a motor vehicle and the court is satisfied that he has accumulated or, by virtue of the conviction, will accumulate the number of penalty points which, in terms of regulations referred to in section eighty-three A, requires him to be prohibited from driving and additionally, or alternatively, requires his licence to be cancelled, the court shall cause a written notice to be served on the holder requiring him:
(a) to appear before the court on a date, not sooner than three days after the date of the notice, and at a time and place specified in the notice; and
(b) to show cause why he should not be prohibited from driving and additionally, or alternatively, why his licence should not be cancelled.
(4) Whenever it is alleged or appears to a magistrate that the holder of a licence has accumulated the number of penalty points which, in terms of regulations referred to in section eighty-three A, requires him to be prohibited from driving and additionally, or alternatively, requires his licence to be cancelled, the magistrate may cause a written notice to be served on the holder requiring the holder:
(a) to appear before the magistrate on a date, not sooner than three days after the date of the notice, and at a time and place specified in the notice; and
(b) to show cause why he should not be prohibited from driving and additionally, or alternatively, his licence should not be cancelled.
(5) On the date and at the time and place specified in the notice referred to in subsection (3) or (4), as the case may be, the magistrate concerned shall proceed to inquire into the accumulation of penalty points by the person concerned and whether or not the person should be prohibited from driving and additionally, or alternatively, his licence should be cancelled:
Provided that, if the person fails to appear, the inquiry may be conducted in his absence.
(6) For the purpose of an inquiry referred to in subsection (5), the magistrate:
(a) may take evidence on oath; and
(b) shall afford the person who is the subject of the inquiry a reasonable opportunity to reply to any evidence against him and to show cause why he should not be prohibited from driving and additionally, or alternatively, his licence should not be cancelled, as the case may be.
(7) A magistrate holding an inquiry referred to in subsection (5) shall cause a written record of the proceedings at the inquiry to be kept and filed.
(8) Sections 7 to 13 of the Housing Standards Control Act [Chapter 29:08] shall apply, mutatis mutandis, to an inquiry referred to in subsection (5) as if the proceedings of the inquiry were proceedings before a housing court.
(9) If, following an inquiry referred to in subsection (5), the magistrate is satisfied that the person who was the subject of the inquiry has accumulated the number of penalty points which, in terms of regulations referred to in section eighty-three A, requires him to be prohibited from driving and additionally, or alternatively, requires his licence to be cancelled, the magistrate shall forthwith prohibit him from driving for the requisite period and additionally, or alternatively, cancel his licence as required by the regulations.
(10) An appeal shall lie to the High Court against a decision of a magistrate following an inquiry referred to in subsection (5) in all respects as if the decision were a sentence imposed by the magistrate in a criminal case.
[Section inserted by section 21 of Act 3 of 2000.]
65. General provisions relating to prohibition from driving
(1) Subject to this section and of sections fifty-three, fifty-four, fifty-five and seventy-eight, a prohibition from driving shall extend to all classes of motor vehicle.
(2) Subject to subsection (4), where a magistrate in terms of section sixty-two or sixty-three prohibits a person from driving, he may order that such prohibition shall not extend:
(a) to such class of motor vehicle; or
(b) to any motor vehicle which is adapted, constructed or equipped in such manner;
as he thinks fit.
(3) Where a court, having convicted a person of an offence in terms of this Act or any other law, prohibits that person from driving, it may order that such prohibition shall not extend to such class of motor vehicle, other than the class to which the motor vehicle driven or attempted to be driven by the person at the time of the commission of the offence belongs, as it thinks fit.
Provided that this subsection shall not apply to a prohibition from driving imposed in terms of subsection (2) of section sixty-four A.
[Proviso inserted by section 22 of Act 3 of 2000.]
(4) A person who has been prohibited from driving for a period less than his lifetime motor vehicles of a particular class or of all classes may, at any time whilst the prohibition remains in force, apply to a magistrate for an order that the prohibition from driving shall not extend to motor vehicles of a particular class, and the magistrate may, after hearing such evidence as may be adduced, make such order that the prohibition from driving shall not extend to motor vehicles of such particular class as he thinks fit:
Provided that, if the prohibition from driving was consequent on a conviction for an offence, the magistrate may not order that the prohibition from driving shall not extend to the class of motor vehicle to which the motor vehicle driven or attempted to be driven by the person at the time of the commission of the offence belonged.
(5) If a person who has been prohibited from driving:
(a) for a period of twelve months or more or for consecutive periods which together amount to twelve months or more is the holder of a licence, the magistrate or court prohibiting such person from driving shall, subject to the provisions of sections fifty-two, fifty-three, fifty-four, fifty-five and seventy-eight, cancel the licence in respect of all classes of motor vehicle to which such prohibition extends; or
(b) is under the appropriate age referred to in section seven at the time of such prohibition, such prohibition shall take effect from the date on which he attains such age.
(6) Subject to subsection (8), if a court convicts a person of an offence in respect of which:
(a) prohibition from driving is required to be imposed in terms of this Act, and the court for any reason does not prohibit the convicted person from driving or prohibits him from driving for a shorter period than that required in terms of this Act; or
(b) cancellation of a licence is required to be imposed in terms of this Act, and the court for any reason does not cancel the licence of the convicted person in respect of all or any of the classes of motor vehicles in respect of which it is required to be cancelled;
the court shall cause notice to be served on the convicted person directing him to appear before the court at the time and place specified in the notice to show cause why the prohibition or cancellation should not be imposed or the order should not be corrected, as the case may be.
(7) If a person who has received notice in terms of subsection (6) fails to appear before the court or to show cause in terms of the notice, the court shall impose the appropriate prohibition or cancellation which shall have effect from he date of such imposition.
(8) No notice in terms of subsection (6) may be given more than six months after the date of the conviction, unless the prohibition from driving or cancellation of a licence was required to be imposed in terms of subsection (2) of section sixty-four A:
Provided that, if an appeal has been noted against the conviction, a notice in terms of that subsection may be given at any time which is not later than six months after the date the appeal lapses for want of prosecution or is determined, withdrawn or abandoned.
[Subsection amended by section 22 of Act 3 of 2000.]
(9) A prohibition from driving and any consequent cancellation of a licence imposed in respect of an offence shall be deemed to be part of the sentence passed on the person convicted.
(10) If two or more periods of prohibition from driving are imposed in respect of the same person, whether at the same time or at different times, such periods shall, unless the magistrate or court concerned otherwise directs, commence in the order in which they were imposed, the one commencing after the expiry or setting aside of the other.
(11) The clerk of court or registrar of the High Court, as the case may be, shall notify the Registrar in writing forthwith of:
(a) any prohibition from driving; and
(b) any cancellation of a licence;
imposed by the magistrate or court concerned.
(12) A person who has been prohibited from driving:
(a) in terms of section sixty-two or paragraph (b) of subsection (1) of section sixty-three and considers that he is no longer suffering from the disease or other disability concerned may; or
(b) otherwise than:
(i) during his lifetime; or
(ii) in terms of section sixty-two or paragraph (b) of subsection (1) of section sixty-three;
may, after the expiry of a period of twelve months from the date of such prohibition; apply to a magistrate or to the court which prohibited him from driving, as the case may be, for such prohibition to be varied or set aside.
(13) On receipt of an application made in terms of subsection (12), the magistrate or court concerned may:
(a) grant, subject to such conditions, if any, as he or it thinks fit; or
(b) refuse;
such application.
(14) A person who has been prohibited from driving during his lifetime otherwise than in terms of section sixty-two or paragraph (b) of subsection (1) of section sixty-three may, after the expiry of a period of ten years from the date of the prohibition from driving concerned, apply to the High Court for such prohibition to be varied or set aside.
(15) On an application made in terms of subsection (14) the High Court may:
(a) after hearing such evidence as may be adduced; and
(b) having regard to the character of such applicant, his conduct since the date of the prohibition concerned and any other relevant circumstances;
grant such application by varying or setting aside the prohibition concerned with effect from such date and in respect of such class of motor vehicles as the High Court may specify or refuse such application.
(16) If an application is refused in terms of subsection (15), no further application in terms of subsection (14) by the same applicant shall be entertained by the High Court until the expiry of a period of two years from the date of such refusal.
(17) A person whose application has been granted in terms of subsection (15) and who is convicted, after the date of such grant, of an offence in respect of which prohibition from driving is required to be imposed shall:
(a) be prohibited by the court which so convicts him from driving during his lifetime; and
(b) not be entitled to make any further application in terms of subsection (14).
(18) If a magistrate or the High Court grants an application in terms of subsection (4), (12) or (14) wholly or in part, whether or not such grant is subject to conditions, the clerk of court or registrar of the High Court, as the case may be, shall forthwith notify the Registrar of that fact and of the effect of any order made by the magistrate or the High Court, as the case may be, in connection with the application.
66. Endorsement of licences
(1) Any licence held by a person who:
(a) is prohibited from driving in terms of section sixty-two or sixty-three; or
(b) is permitted in terms of section sixty-two or sixty-three to drive a motor vehicle on a road subject to conditions;
shall be endorsed with the particulars of such prohibition or conditions in such manner as may be prescribed.
(2) An endorsement made in terms of subsection (1) shall, for the purposes of an appeal in terms of subsection (8) of section sixty-two or subsection (6) of section sixty-three, be deemed to be part of:
(a) a prohibition from driving in terms of subsection (6) of section sixty-two or subsection (1) of section sixty-three; or
(b) a condition imposed in terms of subsection (6) of section sixty-two or subsection (1) of section sixty-three;
as the case may be.
(3) If a person is convicted of an offence in respect of which he is prohibited from driving, any licence which is:
(a) held by him at the time of the conviction, and which is not cancelled in respect of all classes of motor vehicle to which it relates, shall be endorsed with such particulars of such conviction and of such prohibition from driving in such manner as may be prescribed; or
(b) issued to him after his conviction and during the period that the prohibition from driving remains in force shall be endorsed with such particulars of such conviction and of such prohibition from driving in such manner as may be prescribed; or
(c) issued to him after the period of prohibition from driving and within five years of the expiration of that period shall be endorsed with such particulars of such conviction as may be prescribed.
(4) If a person is convicted of an offence:
(a) in terms of subsection (2) of section fifty-two, subsection (2) of section fifty-three, subsection (2) of section fifty-four, subsection (2) of section fifty-five, subsection (3) of section seventy-six or subsection (6) of section seventy-seven, in respect of which he is not prohibited from driving, any licence held by him at the time of such conviction or issued to him within a period of five years after such conviction shall be endorsed; or
(b) in terms of:
(i) a provision of this Act specified in the First Schedule; or
(ii) any enactment other than this Act or the common law by or in connection with the driving of a motor vehicle on a road; or
(iii) section 5 of the Road Motor Transportation Act [Chapter 13:10];
in respect of which he is not prohibited from driving, any licence held by him at the time of such conviction or issued to him within a period of five years after such conviction may be endorsed;
with such particulars of such conviction in such manner as may be prescribed.
(4a) If a person is convicted of an offence in respect of which he accumulates any penalty points in terms of regulations referred to in section eighty-three A, any licence which is:
(a) held by him at the time of his conviction and is not cancelled in respect of all classes of motor vehicles to which it relates; or
(b) issued to him after his conviction and during the period that the penalty points may, in terms of the regulations, be counted for the purposes of determining whether or not he should be prohibited from driving or his licence should be cancelled;
shall be endorsed with the penalty points in such manner as may be prescribed in the regulations.
[Subsection inserted by section 23 of Act 3 of 2000.]
(5) An endorsement made in terms of subsection (3) shall be deemed to be part of the sentence passed on the person convicted.
(6) An endorsement shall, subject to this section, be made in terms of subsection (1), (3), (4) or (4a) on every licence held by or issued to the person concerned.
[Subsection amended by section 23 of Act 3 of 2000.]
(7) After the expiry of the period:
(a) referred to in subsection (3) or (4), as the case may be; or
(b) during which the person concerned is permitted in terms of section sixty-two or sixty-three to drive a motor vehicle on a road subject to conditions:
the person concerned may, if he is the holder of an internal licence, apply to the Registrar in terms of section fourteen for a duplicate internal licence free from the endorsement concerned as if his internal licence had been lost or destroyed, and this section shall thereafter apply, mutatis mutandis, in regard to the application:
Provided that the Registrar shall not issue a duplicate internal licence to the person if his internal licence is still required to be endorsed by virtue of a later conviction or order of a court than that which gave rise to the endorsement in respect of which the application is made.
[Subsection substituted by section 23 of Act 3 of 2000.]
67. Surrender of licences for cancellation or endorsement
(1) A person who:
(a) is the holder of a licence which is required to be, and has not yet been, cancelled or endorsed in terms of this Act shall, within a period of seven days from the date on which such requirement arose, surrender such licence to the clerk of court concerned or to the registrar of the High Court, as the case may be, for cancellation or endorsement; or
(b) becomes the holder of a licence which is required to be, and has not yet been, endorsed in terms of section sixty-six shall, within a period of seven days from the date on which he became such holder, surrender such licence to the Registrar for endorsement.
[Paragraph amended by section 38 of Act 3 of 2000.]
(2) A person referred to in subsection (1) who fails, without reasonable excuse, to surrender his licence in accordance with 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 person who:
(a) has been convicted of an offence in terms of subsection (2); and
(b) persists, after the conviction referred to in paragraph (a), in the course of conduct which resulted in such conviction;
shall be guilty of a continuing offence and liable to a fine not exceeding level one for every day or part thereof during which he persists in the course of conduct referred to in paragraph (b).
[Subsection amended by section 38 of Act 3 of 2000.]
(4) On receipt of a licence surrendered to him in terms of:
(a) paragraph (a) of subsection (1), the clerk of court concerned or the registrar of the High Court, as the case may be, shall forthwith transmit such licence to the Registrar for cancellation or endorsement and the Registrar shall cancel or endorse such licence and return the same to the holder thereof with all convenient speed:
Provided that, if such licence is cancelled in respect of all classes of motor vehicle to which it relates, the Registrar shall not so return such licence; or
(b) paragraph (b) of subsection (1), the Registrar shall endorse such licence and return the same to the holder thereof with all convenient speed.