Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)Chapter IV : Points demerit system25. Prohibition on driving or operating motor vehicle |
| (1) | If a person incurs demerit points which, when added to the points previously recorded against that person in the national contraventions register and reduced as contemplated in section 28, exceed the total contemplated in section 29(d), that person is disqualified with effect from 32 days after such excess points have been incurred, from driving or operating a motor vehicle. |
[Section 25(1) substituted by section 16(a) of Act No. 72 of 2002]
| (2) |
| (a) | The disqualification period equals in months the number of points by which the total referred to in section 29(d) is exceeded, multiplied by three or such number as may be prescribed by the Minister. |
| (b) | The Minister may prescribe different numbers under paragraph (a) in respect of a driver and an operator of a motor vehicle. |
| (3) | A person who is disqualified in terms of this section— |
| (a) | must immediately hand in any driving licence card or professional driving permit in the prescribed manner to the issuing authority contemplated in section 26(2) for retention by such issuing authority during the disqualification period, produce any driving licence contained in an identity document to such issuing authority for endorsement as suspended or must remove the prescribed operator card and deal therewith in the prescribed manner; and |
[Section 25(3)(a) substituted by section 16(b) of Act No. 72 of 200]
| (b) | may not apply for a driving licence, professional driving permit or operator card during the disqualification period. |
| (4) | Any person who fails to comply with the provisions of subsection (3)(a) or who drives or operates a motor vehicle during his or her disqualification period is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year or to both a fine and such imprisonment. |
[Section 25(4) substituted by section 16(c) of Act No. 72 of 2002]
| (5) | Upon expiry of his or her disqualification period, a person referred to in subsection (3) may apply in the prescribed manner to the issuing authority to return his or her driving licence or professional driving permit or to reissue an operator card. |
[Section 25(4) substituted by section 16(c) of Act No. 72 of 2002]