Foodstuffs, Cosmetics and Disinfectants Act, 1972
R 385
National Road Traffic Act, 1996 (Act No. 93 of 1996)Chapter IV : Fitness of drivers18. Application for and issue of driving licence |
| 1) | Subject to section 24, the holder of a learner's licence who desires to obtain a driving licence shall apply in the prescribed manner to an appropriately graded driving licence testing centre for a licence to drive a motor vehicle of a class the driving of which is authorised by his or her learner's licence. |
| 2) | Upon receipt of an application in terms of subsection (1), the driving licence testing centre concerned shall, if it is satisfied from the information furnished in the application or from such further information as such centre may reasonably request, that the applicant is not disqualified from obtaining a driving licence, determine a day on and time at which the applicant shall present himself or herself to be examined by an examiner for driving licences in the manner and in respect of the matters as prescribed, and for such purpose the applicant shall supply a motor vehicle of the class to which his or her application relates. |
| 3) | An examiner for driving licences shall test an applicant for a driving licence in the manner and in respect of the matters as prescribed. |
| 4) | If an examiner for driving licences has satisfied himself or herself in terms of subsection (3) that an applicant for a driving licence is competent, to drive a motor vehicle of the class to which such applicant's application relates, the examiner shall issue or authorise a person employed by the driving licence testing centre concerned to issue, a driving licence in the prescribed manner to such applicant in respect of that class of motor vehicle, and the examiner or the said authorised person shall – |
| a) | in the case where the applicant has in terms of subsection (2) provided a motor vehicle equipped with an automatic transmission or the motor vehicle is electrically powered, endorse the driving licence to the effect that authorisation is granted only for the driving of a motor vehicle equipped with an automatic transmission or which is electrically powered, as the case may be; |
| b) | in the case where the applicant is found to be competent to drive with the aid of spectacles or contact lenses, an artificial limb or other physical aid, endorse the licence accordingly; and |
| c) | in the case where the applicant is a physically disabled person who has to drive a vehicle adapted for physically disabled persons, or a vehicle adapted specifically for that physically disabled applicant, endorse the licence accordingly. |
| 5) | No person shall wilfully or negligently – |
| a) | issue a driving licence; |
| b) | authorise the issue of a driving licence; or |
| c) | endorse or fail to endorse a driving licence, contrary to this section. |
| 5A) | Any applicant for a driving licence who makes use of any unauthorised aid during a test for a driving licence shall be guilty of an offence and upon conviction shall be liable, in addition to any other sentence which the court may impose, to be disqualified from reapplying for a driving licence for a period not exceeding 12 months from the date of conviction. |
| 5B) | If the court makes an order disqualifying the applicant from reapplying for a driving licence, and the State leads evidence to the effect that the applicant has obtained a driving licence in the meanwhile, the court shall require the accused to produce any such licence and shall deal with it in the manner contemplated by section 34(1)(b). |
| 6) |
| a) | A driving licence, which has officially been included in an identity document shall be deemed to be a driving Iicence issued under this Act, until a date fixed by the Minister by notice in the Gazette. |
| b) | In respect of any notice issued in terms of paragraph (a), in the case of any person who was unable to apply for such a driving licence due to him or her having been- |
| i) | admitted to any medical facility or detained in any state institution in terms of an order issued or sentence imposed by a court of law; |
| ii) | posted by the Government on a foreign mission or assignment; |
| iii) | on a contract of employment outside the borders of the Republic; |
| iv) | a full-time student at a foreign academic institution; or |
| v) | a spouse of a person referred to in subparagraphs (ii) and (iii). |
| 7) |
| a) | A driving licence other than a licence contemplated in subsection (6) that was valid immediately before the commencement of this section remains valid until a date ietermined by the Minister by notice in the Gazette. |
| b) | The Minister may- |
| i) | determine different dates for the expiry of the validity of driving licences contemplated in paragraph (a) in respect of different categories of persons; and |
| ii) | extend any date determined in terms of subparagraph (i). |
