| (1) | A notice contemplated in section 26(1) of the Act, by which an infringer must be informed that he or she has incurred more than the number of demerit points referred to in section 29(d) of the Act, must be on form AARTO 22, which must be issued and served by the Authority on the infringer within 10 days after the number of points was exceeded and must state— |
| (a) | in the case of a holder of a driving licence card or professional driving permit— |
| (i) | the length and expiry date of the disqualification period; and |
| (aa) | must immediately hand in any driving licence card or professional driving permit in terms of section 25(3)(a) at the issuing authority referred to in section 26(2) for retention; |
| (bb) | may not drive or operate any motor vehicle during the disqualification period; |
| (cc) | may be found guilty of an offence and liable on conviction to a fine or imprisonment if found driving or operating a motor vehicle during a disqualification period; |
| (dd) | may apply for the return of the driving licence card or professional driving permit upon expiry of the disqualification period; and |
| (ee) | may not apply for a driving licence or professional driving permit until the expiry date of the disqualification period; |
| (b) | in the case of an operator or a juristic person who is not an operator— |
| (i) | the length and expiry date of the disqualification period for the particular motor vehicle; |
| (ii) | that the operator card or motor vehicle licence disc for such motor vehicle must immediately be removed and destroyed; |
| (iii) | that such motor vehicle may not be operated on a public road for the duration of the disqualification period; |
| (iv) | must hand in any other permit, card or licence issued in terms of road traffic legislation or transport legislation at the issuing authority referred to in section 26 (2) for retention; and |
| (v) | that an application may be made for return of the documents referred to in paragraph (iv) upon expiry of the disqualification period; or |
| (c) | in the case of holder of a learner's licence— |
| (i) | the length and expiry date of the disqualification period; |
| (aa) | must immediately hand in the learner's licence in terms of section 25 (3)(a) at the issuing authority referred to in section 26 (2) for retention; |
| (bb) | may not drive or operate any motor vehicle during the disqualification period; |
| (cc) | may be found guilty of an offence and liable on conviction to a fine or imprisonment if found driving or operating a motor vehicle during a disqualification period; |
| (dd) | may apply for the return of the learner's licence, upon expiry of a disqualification period; and |
| (ee) | may not apply for a driving licence or professional driving permit until the expiry date of the disqualification period. |
| (2) | Upon receipt of the disqualified driving licence card, professional driving permit, operator card, motor vehicle licence disc or a permit, card or licence issued in terms of the road traffic legislation or transport legislation as the case may be, in terms of subregulation (1), the issuing authority must— |
| (a) | capture and process the details of the infringer and the documents received in terms of regulation 35(2); |
| (b) | retain such documents in a secure manner until the expiry date of the disqualification period; and |
| (c) | provide an infringer, in accordance with regulation 35(4), with a copy of form AARTO 23a, as evidence of the document that was surrendered . |
| (3) | An application contemplated in section 25(5) of the Act, for the return of any of the documents referred to in subregulation (2) must be— |
| (a) | made on form AARTO 23; and |
| (b) | submitted to the issuing authority at which such documents were handed in for retention in terms of subregulation (2). |
| (4) | Upon receiving an application contemplated in subregulation (3), the issuing authority must— |
| (a) | return the documents to the applicant together with a duly signed and stamped copy of the completed form AARTO 23; and |
| (b) | record the contents of the form referred to in paragraph (a) in a manner contemplated in regulation 35(2). |
| (5) | In the case of a cancellation of a driving licence, professional driving permit or operator card, as contemplated in section 27 of the Act, the issuing authority must— |
| (a) | inform the person concerned— |
| (ii) | within 10 days of disqualification for the third time, |
that his or her driving licence, professional driving permit or operator card, as the case may be, has been cancelled; and
| (b) | request the person concerned to immediately and personally hand over the document in question in order to be destroyed in terms of section 27(2) of the Act. |
| (6) | Upon receipt of the document as contemplated in subregulation (4), the issuing authority must— |
| (a) | capture and process the details of the infringer and the documents received on the National Traffic Information System in accordance with regulation 35(2); and |
| (b) | immediately destroy or deface the document received as contemplated in section 27(2) of the Act in the presence of the person surrendering the document. |
