| (1) | The manner in which an infringer or offender who received an infringement notice or a form AARTO 33 may nominate the driver of the motor vehicle at the time the infringement or offence was committed, as contemplated in section 17(1)(f)(v) of the Act, is— |
| (a) | by completing form AARTO 07 and submitting it as contemplated in regulation 35(1); or |
| (b) | in the case of a fleet interface user, by submitting the required information of the driver of the vehicle by electronic data exchange in accordance with regulation 35(1)(c); Provided that if a fleet interface user is not able to submit the data by electronic data exchange, the fleet interface user must comply with paragraph (a). |
| (2) | The form contemplated in subregulation (1)(a), must— |
| (a) | be comprehensively completed and signed by the nominating person; and |
| (b) | be accompanied by a legible copy of the acceptable identification of the nominated natural person or juristic person referred to in subregulation (4). |
| (3) | If the form contemplated in subregulation (1) has been submitted to— |
| (a) | an issuing authority that is not the issuing authority that issued the infringement notice or issued form AARTO 33, or to the Authority, such issuing authority, or the Authority as the case may be, must process the nomination in accordance with regulation 35(2) and notify the issuing authority that issued the infringement notice in accordance with regulation 35(5); or |
| (b) | the issuing authority that issued the infringement notice or form AARTO 33 or the issuing authority contemplated in paragraph (a) notified the issuing authority that issued the infringement notice, such issuing authority must |
| (i) | process the nomination in accordance with regulation 35(2); |
| (ii) | where the nomination submitted in accordance with subregulation (1) is successful on the basis that the information of the nominated person provided in terms of subregulation (2) is accurate, cancel the initial infringement notice or form AARTO 33, notify the infringer on form AARTO 7a that the nomination was successful, and may issue a new infringement notice or form AARTO 33 to the nominated person in terms of paragraph (iv); |
| (iii) | where a nomination submitted in terms of subregulation (1) is unsuccessful |
| (aa) | due to the information of the nominated person provided in terms of subregulation (2) being inaccurate or false and the issuing authority could not enable service of an infringement notice or form AARTO 33 to the nominated person; or |
| (bb) | the nominated person provided evidence that he or she was not the driver of the vehicle, |
inform the infringer in accordance with regulation 35(4), on form AARTO 07b, that the nomination is unsuccessful and that the infringer shall remain liable for the penalty and fees of the initial infringement notice or offence as contemplated in section 17(5) of the Act: Provided that if the infringer provides additional information to make the nomination successful, the issuing authority must act as contemplated in subparagraph (ii): Provided further that if the issuing authority could not serve the notice due to a cause beyond the control of the infringer or offender or if the nominated driver cannot be served in the Republic, such nomination shall not be considered to be unsuccessful for the purpose of placing liability on such infringer; and
| (iv) | if a nomination submitted in accordance with subregulation (1) is successful, issue and serve an infringement notice or form AARTO 33 in accordance with regulation 2 on the nominated person within 60 days from the date of the successful nomination outcome. |
| (4) | Subject to sections 17(1)(f)(v) and 17(5) of the Act, an infringer who is a fleet interface user may nominate the proxy of a juristic person to provide the information of the alleged driver or person in control of the vehicle as contemplated in section 17(5) of the Act if— |
| (a) | the motor vehicle with which such infringement was committed is leased or rented to such juristic person; |
| (b) | such juristic person is acting on behalf of such fleet interface user; and |
| (c) | such juristic person is contractually required to provide such information on behalf of such fleet interface user. |
| (5) | An application for nomination that is not completed and submitted in accordance with subregulations (1) and (2), after the applicant has been informed of the defect, will not be processed and the consequent administrative processes in terms of the Act will be applicable to the original infringer or offender, and the applicant will be notified of the cancellation of the application on form AARTO 36. |
