68. Power to demand documents in connection with motor vehicle insurance
(1) A police officer or inspecting officer may require the owner of a motor vehicle or trailer or a person using a motor vehicle or trailer on a road, as the case may be, to produce the motor vehicle certificate of insurance or certificate of security concerned to the police officer or inspecting officer for the purpose of determining whether or not the motor vehicle or trailer is being used in contravention of subsection (1) of section twenty-two.
(2) A person who, on being required to do so in terms of subsection (1), fails to produce the certificate of insurance or certificate of security concerned, shall be guilty of an offence, unless within seven days thereafter he:
(a) produces such certificate of insurance or certificate of security at a police station; and
(b) explains to the police officer in charge of the police station referred to in paragraph (a) that such certificate of insurance or certificate of security is produced in compliance with such requirement and names the place where. and the date when, such requirement was made.
(2a) A person guilty of an offence in terms of subsection (2) shall be 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 inserted by section 4 of Act 22 of 2001.]
(3) The police officer referred to in paragraph (b) of subsection (2) shall forthwith, on the production of the certificate of insurance or certificate of security concerned:
(a) notify the police in the area or district where the requirement concerned was made that such requirement has been complied with; and
(b) issue to the person producing such certificate of insurance or certificate of security a receipt in such form and containing such particulars as may be prescribed.
(4) In any prosecution for an offence in terms of subsection (2) it shall be presumed, unless the contrary is proved, that the accused did not produce the certificate of insurance or certificate of security concerned at a police station in accordance with that subsection.
(5) Any member or class of member of the Public Service designated by the Minister by statutory instrument shall have the powers conferred on an inspecting officer by this section.
69. Information to be given in case of driving offences
(1) If a person has reasonable grounds for believing that the driver of a vehicle has committed an offence in terms of section fifty-two, fifty-three, fifty-four or fifty-five he may, in the absence of a police officer and at the time of the occurrence of the event giving rise to such belief or within a reasonable time thereafter, require any person who is or was in any way connected with the vehicle at the time of such occurrence, including the driver of the vehicle, to furnish him with his name and address.
(2) A person who:
(a) fails to comply with a requirement referred to in subsection (1); or
(b) in response to a requirement referred to in subsection (1), furnishes a false name or address;
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.]
70. Duty of drivers in event of accidents
(1) In this section:
“animal” means any ass, cattle, dog, goat, horse, mule, pig or sheep;
“special circumstances” means special circumstances surrounding the commission of the offence concerned, but does not include special circumstances peculiar to the offender.
(2) A person who is the driver of a vehicle on or near a road at the time when the vehicle is involved in or contributes to an accident in which:
(a) injury or damage, as the case may be, is caused to any person, animal or property; or
(b) any person or animal is killed;
shall:
(i) immediately stop the vehicle; and
(ii) if a person is involved in such accident, ascertain whether the person has been injured or killed; and
(iii) if a person referred to in subparagraph (ii) has been injured, render such assistance to such person as:
A. he may be capable of rendering; and
B. such person may need; and
(iv) if a person referred to in subparagraph (ii) has been killed, take all reasonable steps to guard the corpse of such person; and
(v) if required to do so by any person having reasonable grounds for so requiring, give to such person:
A. his name and address; and
B. if he is not the owner of the vehicle, the name and address of the owner of the vehicle; and
C. the registration mark and number or other identifying particulars of the vehicle; and
D. the name of the insurer by whom the vehicle has been insured, whether in terms of a statutory policy or otherwise, or the name of the giver of a statutory security by whom the vehicle has been secured, as the case may be.
(3) Subject to subsection (5), a person who fails to carry out one or more of the duties referred to in subparagraphs (i) to (v) of subsection (2) shall be guilty of an offence and liable:
(a) if it is proved that such person has failed only to carry out the duty referred to in subparagraph (i) or (v) of that subsection, 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;
(b) in any case other than the case referred to in paragraph (a), to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection amended by section 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(4) A person charged with failing to carry out any duty referred to in subparagraphs (i) to (v) of subsection (2) may be convicted of failing to carry out any other duty referred to in those subparagraphs, if such are the facts proved.
(5) If the driver of a motor vehicle which is involved in or contributes to an accident referred to in subsection (2) does not give his name and address to any person requiring the same in terms of subparagraph (v) of subsection (2) and having reasonable grounds for so requiring or if no such requirement is made, he shall report such accident at a police station or to a police officer of or above the rank of sergeant or such other rank as may be prescribed as soon as is reasonably practicable and, in any event, within twenty-four hours of the occurrence of such accident:
Provided that this subsection shall not apply to the driver of a motor vehicle which is involved in an accident in which:
(a) no injury is caused to any person or animal; and
(b) no person or animal is killed; and
(c) damage is caused solely to property of such driver.
(6) A person who makes a report in terms of subsection (5) shall be issued with an acknowledgement of the report in such form and containing such particulars as may be prescribed.
(7) A person who fails to comply with subsection (5) 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 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(8) In any prosecution for a failure to comply with subsection (5), it shall be presumed, until the contrary is proved, that the accused did not report the accident concerned in accordance with those provisions.
(9) Subject to Part IX, a court convicting a person of an offence in terms of subsection (2):
(a) involving a failure only to carry out the duty referred to in subparagraph (i) or (v) of subsection (2) may prohibit the person from driving for such period as such court thinks fit; or
(b) involving a failure to carry out any duty referred to in subparagraph (ii), (iii) or (iv) of subsection (2) shall prohibit the person from driving for such period as such court thinks fit:
Provided that such court may decline to prohibit the person from driving if it:
(i) considers that there are special circumstances in the case which justify such court in so declining; and
(ii) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
71. Duty to give information relating to identities of drivers
(1) If the driver of a vehicle is alleged to be guilty of an offence in terms of this Act, the Foreign Representatives Parking Privileges Act [Chapter 3:02] or the Reserved Parking Areas Act [Chapter 10:23], a police officer may require any person to give to the police officer such information as may lead to the identification of such driver as it is in the power of the person to give.
(2) A person who fails to comply with a requirement made in terms of subsection (1) shall be guilty of an offence unless he shows to the satisfaction of the court concerned that he did not know and could not with reasonable diligence have ascertained the identity of the driver concerned.
(3) A person guilty of an offence in terms of subsection (2) shall be 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 inserted by section 4 of Act 22 of 2001.]
72. General powers of police officers and inspecting officers
(1) Subject to subsection (2), a police officer or an inspecting officer may:
(a) require the driver of a vehicle:
(i) to stop the vehicle; and
(ii) to furnish his name and address and to give any other particulars necessary for his identification; and
(b) require any person in a vehicle:
(i) to furnish his name and address and to give any other particulars necessary for his identification; and
(ii) to give such information as:
A. is in his power to give; and
B. may lead to the identification of the driver or owner of the vehicle; and
(c) inspect any part of a vehicle or the equipment thereof in order to ascertain whether or not such part or equipment complies with any law; and
(d) ascertain the dimensions of any vehicle or the load carried thereon and for this purpose require any persons or goods or both to be removed from the vehicle; and
(e) subject to subsection (2), drive a vehicle when necessary or desirable in the execution of his duties; and
(f) require a vehicle to be removed by its driver or any other person to any place to enable the vehicle to be inspected.
(2) Subject to section three, no police officer or inspecting officer may drive a motor vehicle in the exercise of any of the powers and duties conferred or imposed, as the case may be, on him by or under this Act unless he is the holder of a drivers licence in respect of the class of motor vehicle concerned.
(3) Subject to subsection (6), a police officer or inspecting officer may require:
(a) the person in charge of a vehicle to allow:
(i) the mass of the vehicle to be measured while the vehicle is laden or unladen; or
(ii) the axle loads of the vehicle to be determined;
and for that purpose to proceed to a scale specified by the police officer or inspecting officer; and
(b) any persons or goods or both to be removed from a vehicle referred to in paragraph (a).
(4) If at the time a requirement referred to:
(a) in paragraph (f) of subsection (1) is made the vehicle concerned is more than fifteen kilometres from the place of inspection and no serious defect is subsequently found in such vehicle; or
(b) in paragraph (a) of subsection (3) is made the vehicle concerned is more than fifteen kilometres from the scale referred to in that paragraph and the mass or axle loads of such vehicle are subsequently found to be within the limits authorized by law;
the Minister shall pay, from moneys appropriated by Act of Parliament for the purpose, in respect of loss occasioned by compliance with such requirement such amount:
(i) as may be agreed on between the Minister and the person suffering such loss; or
(ii) failing agreement, as may be determined by arbitration in terms of the Arbitration Act [Chapter 7:02], for which purpose the parties to the dispute shall be deemed to have entered into an agreement in writing to submit the dispute to arbitration, the arbitrators to be one person appointed by each of such parties, together with a third person appointed by such arbitrators.
(5) If the mass or axle loads of a vehicle are measured pursuant to a requirement made in terms of subsection (3) and such mass or axle loads are found to be within the limits authorized by law, the person measuring such mass or axle loads shall issue a certificate of mass or axle load to the person in charge of the vehicle.
(6) A certificate referred to in subsection (5) shall:
(a) on its production to a police officer or inspecting officer; and
(b) while the vehicle concerned is, during the continuance of the journey during which such certificate was issued, carrying the same load as when its mass or axle loads were measured;
exempt the person in charge of the vehicle concerned from compliance with any further requirement made in terms of subsection (3).
(7) If the mass or axle loads of a vehicle are measured pursuant to a requirement made in terms of subsection (3) and such mass or axle loads are found to be outside the limits authorized by law, the police officer or inspecting officer concerned may:
(a) require the person in charge of the vehicle to remove such persons or goods or both as may be necessary to reduce such mass or axle loads to within the limits authorized by law; and
(b) if the person referred to in paragraph (a) is unwilling to comply with a requirement made in terms of that paragraph, detain the vehicle until such requirement is complied with.
(8) Any member or class of members of the Public Service designated by the Minister by statutory instrument shall have the powers and duties conferred or imposed, as the case may be, on an inspecting officer by this section:
Provided that no such member or class of members shall have the powers referred to in paragraphs (c) and (e) of subsection (1).
(9) A person who fails, without reasonable excuse, to comply with a requirement made in terms of subsection (1) or (3) 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.]
73. Notice to discontinue use of vehicles
(1) In this section:
“certificate of fitness” has the meaning given by section 2 of the Road Motor Transportation Act [Chapter 13:10];
“licence” and “registration book” have the respective meanings given by section 2 of the Vehicle Registration and Licensing Act [Chapter 13:14].
(2) If, in the opinion of a police officer or inspecting officer, a vehicle does not comply with this Act, he may, by notice on the prescribed form given to the driver or owner of the vehicle, direct that the vehicle shall not be used on any road.
(3) A notice given in terms of subsection (2):
(a) may contain conditions to the effect that the vehicle concerned may continue to be used on a road:
(i) to reach any specified place or on a journey undertaken for the purpose of obtaining a certificate of roadworthiness; or
(ii) for a specified period or subject to limitations relating to speed or route or otherwise; and
(b) shall continue in force:
(i) in the case of such a notice given by an inspecting officer, until a certificate of roadworthiness has been issued by an inspecting officer in respect of the vehicle concerned; or
(ii) in the case of such a notice given by a police officer, until:
A. the vehicle concerned has been examined by an inspecting officer; or
B. the expiry of a period of forty-eight hours, excluding Saturdays, Sundays and public holidays, from the giving of such notice;
whichever is the sooner.
(4) An inspecting officer who has given a notice in terms of subsection (2) in respect of a motor vehicle or trailer may, by order in writing on the prescribed form given to the owner of the motor vehicle or trailer, require such owner to deliver to him within seven days of the date of such order the registration book, certificate of fitness and licence, if any, of the motor vehicle or trailer.
(5) An inspecting officer shall give to the owner of the motor vehicle or trailer concerned a receipt for the registration book, certificate of fitness or licence, if any, delivered to him pursuant to an order given in terms of subsection (4).
(6) An inspecting officer to whom a registration book, certificate of fitness or licence has been delivered pursuant to an order in terms of subsection (4) shall return the same to the owner of the motor vehicle or trailer concerned immediately after a certificate of roadworthiness has been issued in respect of such motor vehicle or trailer.
(7) A person who fails to comply with a notice or order given in terms of this section 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 24 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
74. Power to demand licences and detain motor vehicles
(1) A police officer or inspecting officer may require the driver of a motor vehicle:
(a) to produce his licence to drive such motor vehicle; and
(b) if his licence to drive such motor vehicle is a foreign drivers licence or an international driving permit referred to in subsection (1) of section eighteen, to produce any visitors entry certificate or other certificate or permit issued to him in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;
or, failing production of such licence, to produce proof of his identity.
(2) If, upon being required to do so by a police officer or inspecting officer in terms of subsection (1), a driver, having failed to produce his licence to drive the motor vehicle concerned, fails to produce proof of his identity, the police officer or inspecting officer may detain the motor vehicle for a period not exceeding twenty-four hours.
(3) A person who, on being required to do so in terms of subsection (1), fails to produce any licence, certificate or permit shall be guilty of an offence unless, within seven days thereafter, he:
(a) produces at a police station the licence concerned and, if the licence is a foreign drivers licence or an international driving permit referred to in subsection (1) of section eighteen, any visitors entry certificate or other certificate or permit issued to him in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees; and
(b) explains to the police officer in charge of the police station referred to in paragraph (a) that he is producing the licence and any such certificate or permit in compliance with such requirement and names the place where, and the date when, such requirement was made.
(3a) A person guilty of an offence in terms of subsection (3) shall be 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 inserted by section 4 of Act 22 of 2001
(4) The police officer referred to in paragraph (b) of subsection (3) shall forthwith, on the production of the licence and any certificate or permit concerned:
(a) notify the police in the area or district where the requirement concerned was made that such requirement has been complied with; and
(b) issue to the person producing such licence and any such certificate or permit a receipt in such form and containing such particulars as may be prescribed.
(5) In any prosecution for an offence in terms of subsection (3) it shall be presumed, unless the contrary is proved, that the accused did not produce his licence or any certificate or permit referred to in that subsection at a police station in accordance with that subsection.
(6) Any member or class of member of the Public Service designated by the Minister by statutory instrument shall have the powers conferred on an inspecting officer by this section.
75. Registrar, police officers, inspecting officers and examiners may require translation of certain licences
(1) The Registrar, a police officer, an inspecting officer or an examiner may, if an international driving permit or foreign drivers licence is issued in a language other than English, require the holder thereof to produce to him a translation thereof in the English language.
(2) A person who fails to comply with a requirement made in terms of subsection (1) shall be guilty of an offence, unless within seven days thereafter or such longer period as the person making such requirement may specify he:
(a) produces the translation concerned at a police station; and
(b) explains to the police officer in charge of the police station referred to in paragraph (a) that the translation referred to in that paragraph is produced in compliance with such requirement and names the place where, and the date when, such requirement was made.
(2a) A person guilty of an offence in terms of subsection (2) shall be 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 inserted by section 4 of Act 22 of 2001.]
(3) The police officer referred to in paragraph (b) of subsection (2) shall forthwith on the production of the translation concerned:
(a) notify the police in the area or district where the requirement concerned was made that such requirement has been complied with; and
(b) issue to the person producing such translation a receipt in such form and containing such particulars as may be prescribed.
(4) In any prosecution for an offence in terms of subsection (2) it shall be presumed, unless the contrary is proved, that the accused did not produce the translation concerned at a police station in accordance with that subsection.
76. Powers of police officers and authorized persons in connection with breath tests
(1) In this section:
“authorized person” means a person authorized in terms of subsection (8);
“breath analysing instrument” means an apparatus approved in terms of subsection (9):
“breath analysis” means an analysis of breath by a breath analysing instrument.
(2) A police officer who has reasonable cause to believe that a person:
(a) was the driver of a vehicle on or near a road at the time when the vehicle was involved in or contributed to an accident in which:
(i) injury was caused to any person or animal; or
(ii) damage was caused to any property; or
(iii) any person or animal was killed; or
(b) has committed an offence:
(i) in terms of a provision of this Act specified in the Second Schedule; or
(ii) at common law by or in connection with the driving of a vehicle on a road; or
(c) who is driving or attempting to drive a vehicle on a road is behaving in a manner which indicates that his ability to drive the vehicle is in some way impaired;
may require the person to submit to a breath analysis.
[Subsection amended by section 25 of Act 3 of 2000.]
(3) A person who, without reasonable excuse, fails or refuses to comply with a requirement made in terms of subsection (2) shall be guilty of an offence and liable, subject to section seventy-eight, to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[Subsection amended by section 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(4) Evidence may be given on a charge of committing an offence in terms of subsection (2) of section fifty-four or subsection (2) of section fifty-five of the concentration of alcohol indicated as being present in the blood of the accused by a breath analysing instrument operated by an authorized person.
(5) As soon as practicable after the breath analysis concerned, the authorized person operating the breath analysing instrument concerned shall give to the person whose breath has been analysed a statement in writing specifying:
(a) the concentration of alcohol indicated in terms of subsection (4) as being present in the blood of the second-mentioned person; and
(b) the date and time of such breath analysis.
(6) If the provisions of subsection (5) have been complied with, it shall be presumed, unless the contrary is proved, that the concentration of alcohol indicated in terms of subsection (4) was present in the blood of the accused at the time of the breath analysis concerned.
(7) A certificate purporting to be signed by an authorized person and stating that:
(a) the apparatus used by him for the purpose of the breath analysis concerned was a breath analysing instrument; and
(b) the breath analysing instrument referred to in paragraph (a) was in proper order and was properly operated by him; and
(c) the provisions of this Act relating to breath analysing instruments were complied with in respect of the breath analysing instrument referred to in paragraph (a); and
(d) a sample of the breath of a person named therein was furnished for analysis in the breath analysing instrument referred to in paragraph (a); and
(e) a concentration of alcohol expressed in milligrams per one hundred millilitres was indicated by the breath analysing instrument referred to in paragraph (d) as being present in the blood of the person referred to in that paragraph on a specified date and at a specified time; and
(f) a statement in writing referred to in subsection (5) was given to the person whose breath was analysed as soon as was practicable after the breath analysis concerned;
shall be proof of the facts so stated on its mere production by any person in proceedings for an offence in terms of subsection (2) of section fifty-four or subsection (2) of section fifty-five, unless the contrary is proved:
Provided that:
(i) such certificate shall not be admissible unless the prosecutor or the accused, as the case may be, has received notice thereof not less than three days before its production or consents to its production;
(ii) the court in which such certificate is adduced in evidence may, of its own motion or at the request of the prosecutor or of the accused, cause the authorized person concerned to be summoned to give oral evidence in the proceedings concerned or may cause interrogatories in writing to be submitted to him for reply, such interrogatories and any reply thereto purporting to be a reply from such authorized person being admissible in such proceedings.
(8) The Commissioner of Police may, by notice published in the Gazette, authorize a person to operate a breath analysing instrument for the purpose of this section.
(9) The President may, by notice published in the Gazette, approve for the purpose of this section an apparatus by means of which the concentration of alcohol in the blood of a person is indicated from an analysis of his breath.
77. Powers of police officers, medical practitioners and designated persons in connection with taking specimens of blood
(1) A police officer of or above the rank of assistant inspector or such other rank as may be prescribed who has reasonable cause to believe that a person:
(a) was the driver of a vehicle on or near a road at the time when the vehicle was involved in or contributed to an accident in which:
(i) injury was caused to any person or animal; or
(ii) damage was caused to any property; or
(iii) any person or animal was killed; or
(b) has committed an offence:
(i) in terms of a provision of this Act specified in the Second Schedule; or
(ii) at common law by or in connection with the driving of a vehicle on a road; or
(c) who is driving or attempting to drive a vehicle on a road is behaving in a manner which indicates that his ability to drive the vehicle is in some way impaired;
may require the person to permit a specimen of blood to be taken from him in terms of subsection (2).
(2) A medical practitioner or a member of a class of persons designated for the purposes of this section by the Secretary of the Ministry responsible for health, by notice published in the Gazette, hereinafter in this section called a designated person, may and, if so requested in writing by a police officer of or above the rank of assistant inspector, shall take for the purpose of analysis a specimen of blood from any person required in terms of subsection (1) to permit a specimen of blood to be taken from him, hereinafter in this section called the patient, and may use such force as may be reasonably necessary in order to take such specimen:
Provided that the medical practitioner or designated person may decline to take a specimen of blood in terms of this subsection when requested to do so by such police officer if he considers that such taking would be prejudicial to the health or proper care or treatment of the patient.
[Proviso amended by section 26 of Act 3 of 2000.]
(3) A specimen of blood taken in terms of subsection (2) shall be taken from a part of the body of the patient selected by the medical practitioner or designated person concerned in accordance with accepted medical practice.
(4) The patient may, within a period of seven days from the date on which the specimen of blood concerned was taken from him, obtain from the medical practitioner or designated person concerned a portion, not exceeding one-third, of such specimen for the purpose of analysis.
(5) Without prejudice to any defence or limitation which may be available in terms of any law, no claim shall lie and no set-off shall operate against:
(a) the State;
(b) the Minister;
(c) any medical practitioner or designated person;
in respect of any detention, injury or loss caused by or in connection with the taking of a specimen of blood in terms of subsection (2) unless such taking was unreasonable or in bad faith or culpably ignorant or negligent.
(6) A person who, without reasonable excuse, refuses to permit the taking of a specimen of blood in terms of subsection (2) or hinders or obstructs such taking shall be guilty of an offence and liable, subject to section seventy-eight, to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[Subsection amended by section 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
78. Prohibition from driving if offences committed in terms of section 76 (3) or 77 (6)
(1) In subsection (2):
“similar offence” means an offence in terms of 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 or an offence, whether in terms of a law of Zimbabwe or any other law, of which the driving or attempted driving of a motor vehicle on a road while under the influence of alcohol or a drug or of alcohol and a drug or while the concentration of alcohol in his blood is not less than eighty milligrams per one hundred millilitres, as the case may be, is an element;
“special circumstances” means special circumstances surrounding the commission of the offence concerned, but does not include special circumstances peculiar to the offender.
(2) Subject to Part IX, a court convicting a person of an offence in terms of subsection (3) of section seventy-six or subsection (6) of section seventy-seven shall:
(a) if the person has not previously been convicted of a similar offence within a period of ten years immediately preceding the date of such first-mentioned conviction:
(i) in the case of a first-mentioned conviction which does not relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving for a period of not less than six months; or
(ii) in the case of a first-mentioned conviction which does relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving:
A. a motor vehicle other than a commuter omnibus or a heavy vehicle for a period of not less than six months; and
B. a commuter omnibus or a heavy vehicle during his lifetime; or
(b) if the person has previously been convicted of a similar offence within the period referred to in paragraph (a):
(i) in the case of a second conviction:
A. which does not relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving for a period of not less than twelve months; or
B. which does relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving:
I. a motor vehicle other than a commuter omnibus or a heavy vehicle for a period of not less than twelve months; and
II. a commuter omnibus or a heavy vehicle during his lifetime; or
(ii) in the case of a third or subsequent conviction, prohibit the person from driving during his lifetime;
and shall, if the person is the holder of a licence, cancel the licence in respect of motor vehicles of the class to which such prohibition from driving extends:
Provided that such court may decline to prohibit the person from driving if it:
(a) considers that there are special circumstances in the case which justify such court in so declining; and
(b) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
[Subsection amended by section 27 of Act 3 of 2000.]