CHAPTER V

FITNESS OF DRIVERS

Part I

Driving licence testing centres

91. Manner of application for registration of driving licence testing centre and identification of management representative and examiners for driving licences

91.(1) An application for the registration of a driving licence testing centre in terms of section 8 of the Act shall be made on form DTC as shown in Schedule 2, and a management representative and the examiners for driving licences shall be identified on such form in respect of the driving licence testing centre concerned.

(2) An application referred to in subregulation (1) shall be accompanied by acceptable identification of the driving licence testing centre concerned, and the management representative, and the examiners for driving licences identified under subregulation (1)

92. Requirements for registration as driving licence testing centre

92.The requirements for registration as a driving licence testing centre shall be as specified in the manual of the Department "Minimum Requirements for Registration and Grading of Driving Licence Testing Centres" published by the Minister by notice in the Gazette.

93. Manner of registration of driving licence testing centre

93. (1) The MEC shall, upon receipt of an application made in terms of regulation 91—

1. require the inspectorate of driving licence testing centres to—

1. evaluate the testing centre concerned according to the requirements referred to in regulation 92; and
2. recommend the appropriate grading thereof in terms of regulation 95; and

2. with due regard to the evaluation and recommendations of the inspectorate of driving licence testing centres, satisfy himself or herself that the testing centre concerned complies with the requirements referred to in regulation 92.

(2) (a) If the MEC is satisfied in terms of subregulation (1)(b), he or she shall—

1. grade such testing centre in terms of regulation 95;
2. record the particulars of such testing centre on the register of driving licence testing centres referred to in regulation 331(4)(a)(ii); and
3. issue to such applicant a certificate of registration on form CR as shown in Schedule 2.

(b) If the MEC is not satisfied that the testing centre concerned complies with the requirements referred to in regulation 92, he or she shall refuse to register such testing centre and shall notify the applicant accordingly.

94. Change of registration particulars

94. (1) The management representative identified in terms of regulation 91 shall upon the change of any of the particulars submitted in terms of regulation 91, within 21 days after such change, notify the MEC and inspectorate of driving licence testing centres of such change on form DTC as shown in Schedule 2.

(2) The MEC shall, upon receipt of a notification referred to in subregulation (1), update the register of driving licence testing centres referred to in regulation 331(4)(a)(ii) accordingly.

95. Grades of driving licence testing centres

95. (1) The MEC shall, with due regard to the evaluation and recommendation of the inspectorate of driving licence testing centres, grade a driving licence testing centre as grade A, B, C, D, E or F, as the case may be, if such driving licence testing centre complies with the appropriate grading requirements as referred to in regulation 92.

(2) A driving licence testing centre, which is graded in terms of subregulation (1)—

1. as a grade A driving licence testing centre, is authorised to examine and test a person for a learner’s licence of any code or driving licence of any code;
2. as a grade B driving licence testing centre, shall be authorised to examine and test a person for a learner’s licence of any code or driving licence of the codes B, EB, C1, C, EC1 and EC;
3. as a grade C driving licence testing centre, shall be authorised to examine and test a person for a learner’s licence of any code or driving licence of the codes A1, A and B;
4. as a grade D driving licence testing centre, shall be authorised to examine and test a person for a learner’s licence of any code or driving licence of the code B;
5. as a grade E driving licence testing centre, is authorised to examine and test a person for a learner’s licence of any code; or
6. as a grade F driving licence testing centre, shall be authorised to substitute a driving licence of any code contained in an identity document, issued before 1 March 1998, in terms of section 19 of the Act;
7. as a grade A, B, C, D or E driving licence testing centre shall, notwithstanding anything to the contrary contained in these regulations, be authorised to substitute a driving licence of any code issued before 1 March 1998 in terms of section 19 of the Act, or to replace a driving licence or international driving permit in terms of section 20(3), 23(4) or 24(3) of the Act96. Manner of suspension or cancellation of registration of driving licence testing centre

96. (1) The MEC shall upon being notified that a registered driving licence testing centre does not comply with the provisions of regulation 92, or upon a recommendation as contemplated in regulation 97(1)(e), immediately request the inspectorate of driving licence testing centres to investigate such driving licence testing centre.

(2) The MEC shall, in considering the suspension or cancellation of the registration of a driving licence testing centre—

1. notify the management representative identified in terms of regulation 91(1), of the failure of such driving licence testing centre to comply with the requirements of regulation 92; and
2. demand from such management representative to indicate in writing within 14 days from the date of the said notification—
   1. the reason for such failure; and
   2. the details of the measures that have been taken to rectify and prevent such failure.

(3) If the MEC is not satisfied with the reason or measures referred to in subregulation (2)(b), he or she shall inform the management representative and may—

1. suspend; or
2. cancel,the registration of such driving licence testing centre.

(4) If the MEC suspends or cancels the registration of a driving licence testing centre, he or she shall—

1. notify such driving licence testing centre of such suspension or cancellation and the reason therefor and, in the case of suspension, the period thereof; and
2. give notice in the Provincial Gazette of the suspension or cancellation referred to in paragraph (a).

(5) The management representative of a driving licence testing centre, the registration of which has been cancelled, shall within 14 days after having been notified of such cancellation, submit to the MEC—

1. the certificate of registration referred to in regulation 93(2)(a)(iii) issued in respect of such driving licence testing centre;
2. any documents held but not issued by such driving licence testing centre; and
3. a reconciliation of forms held and issued, and blank forms.

97. Powers and duties of inspectorate of driving licence testing centres

97. (1) The inspectorate of driving licence testing centres—

1. shall, in terms of regulation 93(1)(a), evaluate the driving licence testing centre concerned in accordance with the requirements referred to in regulation 92, and recommend to the MEC—
   1. the suitability of such centre to be registered as a driving licence testing centre; and
   2. the grading of such centre;
2. shall, in respect of every registered driving licence testing centre, conduct at least one inspection per year to monitor the standards applied at such centre;
3. shall advise any driving licence testing centre on the improvement and maintenance of testing facilities and procedures at such centre, if deemed necessary;
4. shall, when necessary, recommend to the MEC the suspension or cancellation of the registration of an examiner for driving licences; and
5. shall, when necessary, recommend to the MEC to suspend, degrade or cancel the registration of a driving licence testing centre.

(2) A person who acts on behalf of the inspectorate of driving licence testing centres, may at any reasonable time, with regard to the requirements referred to in regulation 92, without prior notice—

1. enter the premises of any driving licence testing centre;
2. inspect any records of the driving licence testing centre;
3. question any person with regard to any matter relating to the operation of the driving licence testing centre referred to in paragraph (a); and
4. accompany an examiner for driving licences in any motor vehicle when such examiner is examining or testing a person for a driving licence for the purpose of evaluation of the said examiner.

98. Fee to defray expenditure incurred by inspectorate of driving licence testing centres

98. (1) Subject to subregulation (2), a registered driving licence testing centre shall pay to the inspectorate of driving licence testing centres a fee in respect of inspections carried out in terms of the Act, in respect of every application for a learner’s licence, every application for a driving licence, every application for a professional driving permit, every application for the registration of an instructor, and every substitution of a driving licence under section 19 of the Act, made or done at such testing centre.

(2) The fee referred to in subregulation (1) shall be calculated at three percent of the fee determined by the MEC of the province concerned in respect of the transactions referred to in subregulation (1) above.

(3) The fee collected in terms of subregulation (1), shall be retained at a driving licence testing centre and paid to the inspectorate of driving licence testing centres on 1 June and 1 December of each year in respect of the transactions made or done during the preceding six months.

(4) The inspectorate of driving licence testing centres shall submit to the Director-General not later than 31 August of each year a statement of fees received and costs incurred by or on behalf of such inspectorate, for the preceding financial year of the Department.

Part II
Learner’s and driving licences

99. Categories of learner’s and driving licences, classes of motor vehicles relating to each category of such licences and the authority conveyed by such licences

99. (1) The categories of learner’s licences and the classes of motor vehicles pertaining to each code of learner’s licence are:

1. Code 1: Motor cycle with or without side-car, motor tricycle or quadrucycle;
2. Code 2: Motor vehicle, other than a motor cycle, tricycle or quadrucycle, the tare of which does not exceed 3 500 kilograms, a minibus, bus or goods vehicle the gross vehicle mass of which does not exceed 3 500 kilograms, an articulated motor vehicle or combination of a motor vehicle and trailer of which the gross combination mass of the truck-tractor or drawing vehicle does not exceed 3 500 kilograms, or a tractor; and
3. Code 3: Any motor vehicle or combination of motor vehicles other than a motor cycle, tricycle or quadrucycle.

(2) (a) The holder of a learner’s licence shall, except where such licence relates to a motor vehicle having no seating accommodation for a passenger or to a motor cycle, when driving the vehicle concerned, be accompanied in or on that vehicle by, and be under the direct personal supervision of a person seated next to him or her, or immediately behind him or her, where such person cannot be seated next to him or her, and who is in possession of a licence, other than a learner’s or similar licence, authorising him or her to drive that class of motor vehicle.

(b) A learner’s licence in respect of a motor cycle shall not authorise the holder of it to drive a motor cycle on a public road while carrying another person.

(c) A learner’s licence shall not authorise the driving of a motor vehicle while carrying persons for reward, other than a person accompanying the holder of a learner’s licence in terms of paragraph (a).

(3) A learner’s licence with the code mentioned in the first column of the table below issued before 1 March 1998, shall be regarded as a learner’s licence with the code mentioned against it in the second column of the table:

(4) (a) The categories of driving licences are indicated by the codes mentioned in the first column of the table below, each of which pertains to the classes of motor vehicles mentioned against it in the second column of the table, and authorises the holder of such code to drive the motor vehicles mentioned against it in the said second column and third column of the table:

(b) The holder of a driving licence of the code mentioned in the table below, which was issued before 1 March 1998, as contemplated in section 19 or 20 of the Act (hereinafter referred to as the "old licence"), shall, subject to paragraph (bA), upon application in terms of regulation 111 or 112, respectively, be issued in terms of regulation 108 with a driving licence (hereinafter referred to as the "new licence") of the code mentioned against the old licence in the first column of the table below.

(bA) If an applicant’s application referred to in paragraph (b) relates to a new licence of the code EC1 or EC and the applicant is disqualified in terms of regulation 102 from holding such new licence, but is not so disqualified from holding a new licence of the code EB, such applicant’s application shall for the purposes of regulation 102 be deemed to be an application which relates to a new licence of the code EB, and that applicant shall be issued with a new licence of that code.

(bB) Notwithstanding anything to the contrary in these regulations, the holder of an old licence with code 05 or 07, or generally known as a code 05 or 07, shall upon application in terms of regulation 111 or 112, as the case may be, be issued in terms of regulation 108 with a new licence with code B which shall—

1. in the case of an application which relates to an old licence with the code 05, contain an endorsement of code 5 which indicates that the holder of such licence is only authorised to drive a tractor of any mass, with or without a trailer of any mass; and
2. in the case of an application which relates to an old licence with the code 07, contain an endorsement of code 7 which indicates that the holder of such licence is only authorised to drive a motor vehicle which is a type of mobile agricultural or industrial equipment or machinery not designed principally for the conveyance of persons or goods, of any mass, with or without a trailer of any mass.

(c) Subject to paragraph (bB), the authority granted by the new licence is as prescribed for the code of such licence in paragraph (a), but if the licence is a code EC1 driving licence, the holder of it is authorised to drive the class of motor vehicle for which he or she had authority under the old licence.

(cA) In the case where the old licence authorises the driving of a motor vehicle which is propelled by electrical power, the authority granted by the new licence is, subject to the new licence being endorsed in terms of section 18(4)(a) of the Act, as prescribed for the relevant code of such licence in paragraph (a).

(d) In the case where the old licence authorises the driving of a motor vehicle specially adapted, constructed or equipped for use by a physically disabled person, the authority granted by the new licence is, subject to the new licence being endorsed in terms of section 18(4)(b) of the Act, as prescribed for the relevant code of such licence in paragraph (a)

100. Authorisation which serves as licence in terms of section 12 of Act

100. (1) If—

1. a person’s driving licence card has been stolen, lost, destroyed or defaced; or
2. a driving licence testing centre has authorised that a driving licence be issued to a person, and the driving licence card is being processed by the Card Production Facility,
   a duly completed form TDL as shown in Schedule 2, issued by an examiner for driving licences or a person duly authorised to do so, shall be an authorisation in terms of section 12 of the Act, for a period of six months from its date of issue, or until the date on which the person to whom it was issued, receives his or her original or duplicate driving licence card, whichever date is the earlier.

(2) A person referred to in—

1. subregulation (1)(a), may request the said form TDL, from any driving licence testing centre; or
2. subregulation (1)(b), may request form TDL from the driving licence testing centre which authorised that the driving licence be issued.

(3) The request referred to in subregulation (2) shall be done on form DL1 and be accompanied by—

1. acceptable identification of the person concerned;
2. two photographs of such person that comply with regulation 103(1); and
3. if the applicant does not hold, or has never held, a driving licence authorising the driving of a motor vehicle of a class to which the application relate, the appropriate fees for an application for form TDL as determined by the MEC of the province concerned.

(4) On receipt of the request, an examiner for driving licences or a person authorised to do so shall—

1. in the circumstances referred to in subregulation (2)(a), determine whether the person is the holder of a valid licence;
2. in the circumstances referred to in subregulation (2)(b), determine the code of licence as contained in the authorisation as referred to in regulation 108(1)(a);
3. complete form TDL as shown in Schedule 2 and indicate the codes of driving licences and professional driving permits, if applicable, held by the person concerned;
4. affix one photograph to the original form TDL and one photograph to its carbon copy, or to the application form if the form TDL was printed by the computerised register;
5. ensure that the person signs the form TDL;
6. affix one lamination strip to the original form TDL and another to its carbon copy, or to the application form if the form TDL was printed by the computerised register, to cover the photograph, personal particulars, code of licence and professional driving permit, if applicable, of such person; and
7. issue the original form TDL to the person concerned and retain its carbon copy, or the application form if the form TDL was printed by the computerised register, for record purposes.

(5) (a) Subject to paragraphs (b) and (c), a copy of an affidavit regarding the theft, loss, destruction or defacement of a licence made at a driving licence testing centre or police station and which—

1. contains the official date stamp of the authority concerned;
2. contains the—

   (aa) full names;
   (bb) identity number or date of birth;
   (cc) full address; and
   (dd) code of licence with all endorsements and restrictions applicable thereto, of the deponent; and

3. describes the circumstances under which the licence was stolen, lost, destroyed or defaced, shall be an authorisation in terms of section 12 of the Act, for a period of three days after the date on which it was issued.

(b) If the affidavit referred to in paragraph (a) is made at a police station, such affidavit shall also contain the crime administration number (CAS) or the occurrence book number (OB), as the case may be.

(c) The driving licence testing centre or police station at which an affidavit is made shall retain the original affidavit for record purposes.

101. Period of validity of learner’s licence and driving licence

101. (1) The period of validity of a learner’s licence issued or deemed to be issued in terms of section 17 of the Act shall be 18 months from the date of examination and test referred to in section 17(2) of the Act.

(2) (a) The period of validity of a driving licence issued or deemed to be issued in terms of section 18 of the Act shall be indefinite, unless such licence has been suspended or cancelled in terms of the Act.

(b) (i) The holder of a driving licence that was issued before 1 March 1998, who wishes to substitute such licence as contemplated in section 19 of the Act, shall apply for such substitution before or within the period determined by the Minister by notice in the Gazette.

(ii) Different periods may be determined under item (i) in respect of licence holders whose surnames start with different letters of the alphabet, or whose dates of birth fall in different months

102. Defective vision disqualifying person from obtaining or holding licence

102. (1) A person shall be disqualified from obtaining or holding a learner’s or driving licence unless—

1. in the case of an application for a learner’s or driving licence relating to the code A1, A, B or EB, such person has—
1. according to the Snellen rating a minimum visual acuity, with or without refractive correction, of 6/12 (20/40) for each eye, or where the visual acuity of one eye is less than 6/12 (20/40) or where one eye of the person concerned is blind, a minimum visual acuity for the other eye of 6/9 (20/30); and
2. a minimum visual field of 70 degrees temporal, with or without refractive correction, in respect of each eye, or where the minimum visual field in respect of one eye is less than 70 degrees temporal, or where one eye is blind, a minimum total horizontal visual field of at least 115 degrees with or without refractive correction; or
2. in the case of an application for a learner’s or driving licence relating to the code C1, C, EC1 or EC, such person has—
   1. according to the Snellen rating a minimum visual acuity, with or without refractive correction, of 6/9 (20/30) for each eye; and
   2. a minimum visual field of 70 degrees temporal in respect of each eye, with or without refractive correction.

(2) (a) A person who is disqualified in terms of subregulation (1) may at such person’s expense approach a registered optometrist or ophthalmologist to test such person’s eyes in terms of the standards referred to in subregulation (1), and the result of such test shall, if it duly reflects the visual acuity of such person according to the Snellen rating, and his or her field of vision expressed in degrees, as contemplated in subregulation (1), be accepted by the driving licence testing centre.

(b) If the result contemplated in paragraph (a) indicates that the person concerned is disqualified as contemplated in subregulation (1), the driving licence testing centre shall not issue such person with a learner’s or driving licence with a code to which the application of that person relates.

103. Manner of application for learner’s licence

103. (1) An application in terms of section 17(1) or section 24(1) of the Act shall be made by the applicant at a driving licence testing centre on form LL1 as shown in Schedule 2, and shall be accompanied—

1. by two identical black and white or colour photographs of the applicant which—
   1. shall have been recently taken;
   2. shall be clear cut and without shadows;
   3. shall be 40 millimetres in length and 30 millimetres in width;
   4. shall depict only the head and shoulders of the applicant;
   5. shall show the applicant’s full face;
   6. shall, subject to item (vii), show the applicant without headgear;
   7. may, if the applicant wears headgear required by a religion of which he or she is a bona fide member, show the applicant with such headgear: Provided that if the examiner for driving licences is of the opinion that the photographs showing the applicant with headgear are inadequate for identification purposes, he or she may refer the photographs to an official designated by the Director-General of the Provincial Administration concerned for his or her approval or disapproval;

   (aA) if the official referred to in paragraph (a)(vii) does not grant approval of the photographs, by two photographs taken in the manner agreed to in writing by such official;

2. acceptable identification of the applicant;
3. in the case of an applicant who is 65 years of age or older, by the medical certificate on form MC as shown in Schedule 2, signed by a medical practitioner or occupational health practitioner, certifying that the applicant is not disqualified in terms of section 15(1)(f) or (g) of the Act from obtaining a learner’s or driving licence; and
4. by the appropriate fee as determined by the MEC of the province concerned.

(2) If the applicant—

1. is on the day determined in terms of section 17(2) of the Act, for any reason whatsoever, not examined and tested; and
2. is unable to satisfy the driving licence testing centre concerned that the reason for his or her not having been examined and tested is due to circumstances beyond his or her control, the applicant shall again pay the fee referred to in subregulation (1)(d) if the driving licence testing centre determines another day and time on which the applicant shall present himself or herself to be examined and tested: Provided that unless the applicant furnishes the driving licence testing centre with a declaration on form DCT, containing the reason or reasons for the applicant not being examined and tested on the day determined in terms of section 17(2) of the Act, the centre concerned shall not consider such reason or reasons for the purpose of this subregulation.

(3) An application for a learner’s licence in terms of section 24(1) of the Act shall be made to the department of State where the applicant is employed.

104. Manner and contents on which applicant for learner’s licence to be tested and examined

104. (1) An applicant for a learner’s licence shall be examined and tested by an examiner for driving licences.

(2) The examiner for driving licences shall satisfy himself or herself that the applicant—

1. knows and understands—
   1. the rules of the road;
   2. the road traffic signs; and
   3. the controls of a motor vehicle of the class to which the application relates; and
2. is not disqualified in terms of section 15 of the Act or regulation 102, before issuing a learner’s licence.

(3) The procedure to be followed by the examiner for driving licences in complying with subregulation (2) shall include the completion by the applicant of the approved test.

105. Issue of learner’s licence

105. (1) A learner’s licence shall be issued on form LL2 as shown in Schedule 2 within 2 working days after the examiner for driving licences notified the applicant that he or she shall be issued with a learner's licence, and the examiner for driving licences or a person authorised to do so shall, upon payment of the applicable fee as determined by the MEC of the province concerned—

1. complete the learner’s licence, on which the date of birth of the holder shall be reflected;
2. endorse the learner’s licence accordingly in the case where—
   1. the applicant is found to be competent to drive with the aid of glasses or contact lenses, an artificial limb or other physical aid;
   2. 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;
3. ensure that the applicant signs the learner’s licence;
4. affix one photograph to the learner’s licence and one photograph to the carbon copy, or to the application form if the learner’s licence was printed by the computerised register;
5. affix one lamination strip to the learner’s licence and another to the carbon copy, or to the application form, if applicable, to cover the photograph, personal particulars and the code of the learner’s licence of the holder;
6. issue the learner’s licence; and
7. retain the application form and, if not printed by the computerised register, the carbon copy of the learner’s licence for record purposes.

(2) In the case of an application for a learner’s licence in terms of section 24(1) of the Act, the provisions of subsections (2) and (3) of section 17 of the Act shall apply with the necessary changes, but no fee for the issue of a learner’s licence shall be paid.

106. Manner of application for driving licence

106. (1) An application for a driving licence in terms of section 18(1) of the Act, shall be made by the applicant at a driving licence testing centre on form DL1 as shown in Schedule 2, and shall be accompanied by—

1. acceptable identification of the applicant;
2. every licence which authorises the applicant to drive a motor vehicle;
3. four photographs of the applicant, that comply with regulation 103(1); and
4. the appropriate fee as determined by the MEC of the province concerned.

(1A) Upon receipt of an application contemplated in subregulation (1), the driving licence testing centre concerned shall affix one photograph of the applicant and one lamination strip to form DL1, to cover the photograph and personal particulars of the applicant.

(2) If the applicant, on the day determined in terms of section 18(2) of the Act, is not examined and tested for any reason whatsoever, and is unable to satisfy the driving licence testing centre concerned that the reason for his or her not having been examined and tested was due to circumstances beyond his or her control, he or she shall again pay the fee contemplated in subregulation (1)(d), if the driving licence testing centre determines another day and time on which he or she shall present himself or herself to be examined and tested: Provided that unless the applicant furnishes the driving licence testing centre with a declaration on form DCT, containing the reason or reasons for the applicant not being examined and tested on the day determined in terms of section 18(2) of the Act, the center concerned shall not consider such reasons for the purpose of this subregulation.

(3) (a) The holder of a driving licence issued by a department of State prior to 1 January 1993 in terms of section 24(3) of the Act, may apply for a driving licence in the manner referred to in subregulation (1), and the application shall further be accompanied by—

1. the licence held by the applicant; and
2. an official letter from the department of State concerned—

(aa) certifying that the licence held by the applicant is valid;
(bb) indicating the equivalent category of the licence as referred to in regulation 99(4); and
(cc) indicating any conditions and limitations applicable to the licence.

(b) Upon receipt of an application contemplated in paragraph (a), an examiner for driving licences shall, if he or she is satisfied that the documents referred to in paragraph (a)(i) and (ii) are valid and relate to the category of driving licence for which the applicant applied, authorise the issue and issue a driving licence in terms of regulation 108, but the licence which was issued by the department of State shall not be cancelled and shall be handed back to the applicant.

(4) An application for a driving licence in terms of section 24(1) of the Act shall be made to the department of State where the applicant is employed.

107. Manner and contents on which applicant for driving licence to be examined and tested

107. (1) An applicant for a driving licence shall be examined and tested by an examiner for driving licences.

(2) The examiner for driving licences shall by observation, inquiry and practical test, satisfy himself or herself that the applicant—

1. holds a learner’s licence which authorises him or her to drive the class of motor vehicle to which his or her application relates;
2. knows and understands the road traffic signs;
3. has a sound knowledge of the rules of the road and the different signals which a driver of a motor vehicle is required to give when driving on a public road;
4. is not subject to any disqualification referred to in section 15 of the Act or regulation 102; and
5. is generally capable of driving a motor vehicle of the class to which the application relates.

(3) In the case where a person applies for a driving licence which authorises him or her to drive an articulated motor vehicle, or a combination of a motor vehicle and trailer, the practical test shall be conducted while the semi-trailer is attached to the truck-tractor, or the trailer is attached to the drawing vehicle, as the case may be.

(4) For the purposes of subregulation (2) an applicant shall not be required to undergo a written test.

(5) An examiner for driving licences shall in compliance with the provisions of paragraph (e) of subregulation (2)—

1. in the case of a code B driving licence, test an applicant according to the manual of the Department "K53 Practical driving test for motor vehicle drivers, Volume 1 - Light Motor Vehicles" published by the Minister by notice in the Gazette;
2. in the case of a code C1, C, EB, EC1 or EC driving licence, test an applicant according to the manual of the Department "K53 Practical driving test for motor vehicle drivers, Volume 2 - Heavy Motor Vehicles", published by the Minister by notice in the Gazette; and
3. in the case of a code A1 or A driving licence, test an applicant according to the manual of the Department "K53 Practical driving test for motor vehicle drivers, Volume 3 - Motor Cycles" published by the Minister by notice in the Gazette.

108. Manner of issue of driving licence

108. (1) An examiner for driving licences shall within 2 working days after the examiner for driving licences notified the applicant that he or she shall be issued with a driving licence, and upon receipt of the fee for the issuance of a driving licence as determined by the MEC of the province concerned, if such fee has not already been paid for the simultaneous issue of a driving licence with a different code, and if he or she is satisfied that the applicant must be issued with a driving licence—

1. complete the authorisation to issue the driving licence on form DL1, as shown in Schedule 2 and record the authorisation on the register of driving licences;
2. indicate in the authorisation referred to in paragraph (a) whether the driving licence card should reflect an endorsement in terms of section 18(4) of the Act;
3. take an imprint of the left thumb and right thumb of the applicant on the image scanning sheet (form ISS) and the duplicate of it, and should the applicant not have a left or right thumb, an imprint of such fingers as specified on the ISS form, the identification of which shall be noted on the image scanning sheet;
4. affix one photograph of the applicant to the image scanning sheet (form ISS) and one photograph to its duplicate;
5. ensure that the same bar code number appears on form ISS and the duplicate of it;
6. ensure that the applicant signs form ISS and the duplicate of it;
7. retain the duplicate of form ISS for record purposes;
8. record the barcode number of the image scanning sheet (form ISS) on the application form submitted in terms of regulation 106(1) and on the register of driving licences; and
9. order the driving licence card on which the driving licence appears from the Card Production Facility and send form ISS to that facility not later than two working days after the date of the authorisation referred to in paragraph (a).

(1A) The driving licence testing centre shall pay over to the Card Production Facility such part of the fee, referred to in subregulation (1), payable in accordance with the agreement between that Facility and the Corporation, the amount of which shall be published by the Minister by notice in the Gazette.

(2) (a) On receipt of form ISS as shown in Schedule 2 and the order for the driving licence card, the Card Production Facility shall, if the image scanning sheet is accepted—

1. personalise and produce the driving licence card on form DL3 as shown in Schedule 2; and
2. forward the driving licence card and notice NCD as shown in Schedule 2 to the driving licence testing centre concerned.

(b) If the image scanning sheet is not accepted by the Card Production Facility, the applicant shall submit a further two photographs of himself or herself that comply with regulation 103(1) upon receipt of which the examiner for driving licences shall complete a new image scanning sheet.

(3) On receipt of the driving licence card referred to in subregulation (2), the driving licence testing centre shall—

1. record the receipt of the driving licence card on which the driving licence appears in the register of driving licences;
2. notify the applicant on form NCD as shown in Schedule 2, to collect the driving licence card at the centre;
3. after presentation of the applicant’s acceptable identification and the submission of every licence and professional driving permit held by the applicant, issue such driving licence card to the applicant;
4. if the applicant so requires, stamp and sign a copy of the previous licence, which is submitted with form NCD as shown in Schedule 2, so that it may be retained by the applicant as proof of the previous licence and the date of issue of it;
5. ensure that the applicant acknowledges receipt of the driving licence card on form DL1 as shown in Schedule 2; and
6. update the register of driving licences accordingly to reflect the issue of the driving licence card.

(4) An examiner for driving licences shall, except where previously otherwise agreed with the applicant, deface an unclaimed driving licence card 120 days after the notice referred to in subregulation (3)(b) was posted, and record the fact that it has been defaced on the register of driving licences.

(5) (a) Subject to regulation 101(2)(a), a driving licence card shall expire five years from the date on which it has been ordered from the Card Production Facility, which date shall be indicated on that card.

(b) The holder of a driving licence card may apply for a new card in the manner contemplated in regulation 109 and the new card shall be authorised and issued in the manner contemplated in regulation 109(3).

109. Application for and issue of duplicate of licence

109. (1) An application for a duplicate of a learner’s licence shall be made by the applicant on form LL1 as shown in the Schedule, at the driving licence testing centre that issued the licence, and an application for a duplicate driving licence card shall be made by the applicant on form DL1 as shown in Schedule 2 at any driving licence testing centre.

(2) An application referred to in subregulation (1) shall be accompanied by—

1. the original licence or, where the original licence is lost or destroyed, a declaration to that effect on form DCT as shown in Schedule 2;
2. two photographs of the applicant, that comply with regulation 103(1), unless the applicant wishes to obtain a duplicate driving licence card which expires when the original driving licence card would have expired in terms of regulation 108(5);
3. in the case of an application for a duplicate of a learner’s licence, the fee as determined by the MEC of the province concerned for the issue of a duplicate document, and in the case of an application for a duplicate driving licence card, the fee for the issue of a driving licence card contemplated in regulation 108(1); and
4. acceptable identification of the applicant.

(3) Upon receipt of an application referred to in subregulation (1), the authority concerned shall—

1. ensure that the licence is not subject to a suspension or cancellation;
2. ensure that the identification details and photographs, if applicable, of the applicant and those on the carbon copy of the original licence correlate; and
3. issue the duplicate of the learner’s licence, or authorise the issue, and issue the duplicate of the driving licence card, in accordance with regulation 105 or 108, respectively, with the necessary changes.

(4) In the case of an application by mail for a duplicate of a learner’s licence, the applicant shall not be required to sign the licence in the presence of the examiner for driving licences or authorised person concerned.

110. Conditions for acknowledgement and exchange of driving licence not issued in terms of Act, and international driving permit

110. (1) Subject to subregulation (3), a driving licence referred to in section 23(1)(a) of the Act, issued while the holder of it was not permanently or ordinarily resident in the Republic, shall, for the period for, and subject to the conditions under which it was issued, be deemed to be a valid licence for the purposes of Chapter IV of the Act, if—

1. (i) the licence has been issued in an official language of the Republic; or

   (ii) a certificate of authenticity or validity relating to the licence issued in an official language of the Republic by a competent authority, or a translation of that licence in such official language, is attached to it; and

2. such licence contains or has attached to it, a photograph and the signature of the licence holder.

(2) Subject to subregulation (3), an international driving permit referred to in section 23(1)(b) of the Act shall be deemed to be a valid licence for the purposes of Chapter IV of the Act for the period for, and, subject to the conditions under which it was issued.

(3) When the holder of a licence referred to in section 23(1)(a) of the Act or the holder of an international driving permit referred to in section 23(1)(b) of the Act—

1. returns to the Republic to resume permanent residence, such licence or permit shall no longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, after one year from the date of return; or
2. obtains permission in terms of any law for permanent residence in the Republic, such licence or permit shall no longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, after one year from the date on which such person has taken up permanent residence.

(4) Notwithstanding this regulation, a driving licence shall be deemed to be a valid licence for the purposes of Chapter IV of the Act, if such licence was issued in a territory previously known as—

1. The Republic of Bophuthatswana;
2. The Republic of Ciskei;
3. Gazankulu;
4. KaNgwane;
5. KwaNdebele;
6. KwaZulu;
7. Lebowa;
8. QwaQwa;
9. The Republic of Transkei; or
10. The Republic of Venda.

(5) A licence referred to in section 23(1)(a) of the Act or an international driving permit referred to in section 23(1)(b) of the Act may, at any time during the period of validity thereof, be exchanged for a driving licence in terms of subregulations (6) and (7).

(6) (a) An application referred to in section 23(3) of the Act shall, subject to subregulations (7) and (8), be made in the manner contemplated in regulation 111, and an application for the exchange of an international driving permit shall, in addition to the requirements of regulation 111(1), be accompanied by the driving licence on the authority of which the permit was issued.

(b) In the case of an application referred to in paragraph (a) for the exchange of a driving licence referred to in subregulation (4), which driving licence is no longer in the possession of the applicant, such application shall be made in the manner contemplated in regulation 112(2) and the new card shall be authorised and issued in the manner contemplated in regulation 112(3).

(7) (a) Subject to paragraph (b), the driving licence testing centre concerned shall upon receipt of an application referred to in subregulation (6)(a), authorise the issue and issue a driving licence for the class or classes of motor vehicles to which the existing licence relates.

(b) The driving licence testing centre concerned shall authorise the issue and issue the licence referred to in paragraph (a) in the manner referred to in regulation 108 if—

1. it is satisfied that the applicant is the holder of the licence or permit, as the case may be, referred to in subregulation (1) and (2);
2. it is satisfied that the licence or permit is still valid in the country or territory of issue; and
3. in the case of an application for the exchange of a driving licence referred to in subregulation (4), if the MEC concerned confirms in writing that the applicant is the holder of a valid licence.

(8) If there is a dispute as to the class of motor vehicle in respect of which a driving licence has been issued in terms of subregulation (7)(a), the MEC concerned shall determine the class of the motor vehicle.

111. Application for driving licence in terms of section 19 of Act and regulation 110(6)(a)

111. (1) Subject to subregulation (2), an application for a driving licence contemplated in section 19 of the Act and regulation 110(6)(a) shall be made by the applicant at a driving licence testing centre on form DL1 as shown in Schedule 2 and shall be accompanied by—

1. acceptable identification of the applicant;
2. the existing driving licence or its duplicate;
3. two photographs of the applicant, and in the case of an application referred to in regulation 110(6)(a), four photographs of the applicant, that comply with regulation 103(1); and
4. the fee contemplated in regulation 108(1).

(1A) In the case where the driving licence of the applicant is contained in an identity document and the particulars of that driving licence is recorded in the register of driving licences, but the applicant is no longer in possession of the driving licence, the applicant shall make a declaration on form DCT, which shall be sufficient for the purposes of subregulation (1)(b).

(2) In the case of a licence issued in a prescribed territory, where the existing driving licence is not contained in an identity document and the applicant is no longer in possession of that driving licence, the application for a driving licence contemplated in regulation 110(6)(a), shall be made in the manner contemplated in regulation 112(2) and the examiner for driving licences shall act as contemplated in regulation 112(3).

(3) Upon receipt of an application referred to in subregulation (1), the examiner for driving licences shall, if he or she is satisfied that—

1. the applicant is not disqualified from holding a driving licence as contemplated in section 15(1)(f)(vi) of the Act read with regulation 102;
2. if the driving licence is contained in an identity document, the particulars of the driving licence are recorded in the register of driving licences;
3. if the driving licence is not contained in an identity document—
   1. in the case where that driving licence testing centre issued the licence, the particulars of the driving licence is recorded on the driving licence records of the centre; or
   2. in the case where another authority keeps the record of the driving licence concerned, the authority concerned confirms in writing that the licence was issued and that the particulars of the driving licence are correct, authorise the issue and issue a new driving licence in the manner referred to in regulation 108.

(4) In the case where the particulars of the existing driving licence, which is contained in an identity document, is not recorded in the register of driving licences, the examiner for driving licences or the person authorised thereto shall obtain written confirmation from the Department that the driving licence was issued and that the particulars of the driving licence is correct.

112. Application for driving licence in terms of section 20 of Act and regulation 110(6)(b)

112. (1) (a) An application referred to in section 20(1) of the Act shall, if the applicant is still in possession of the driving licence issued in terms of section 57 of the road traffic ordinance or its duplicate, be made at a driving licence testing centre by the holder on form DL1 and shall be accompanied by—

1. the fee as contemplated in regulation 108(1);
2. the existing licence or its duplicate;
3. two photographs of the applicant that comply with regulation 103(1); and
4. acceptable identification of the applicant.

(b) Upon receipt of the application the driving licence testing centre shall—

1. in the case where that driving licence testing centre issued the licence, determine from the driving licence records of the centre whether the licence concerned was issued and whether the licence particulars are correct; and
2. in the case where another authority keeps the record of the driving licence concerned, obtain written confirmation from that authority that the licence concerned was issued and that the licence particulars are correct.

(2) (a) In the case of an application referred to in section 20(1) of the Act where the applicant is no longer in possession of the driving licence issued in terms of section 57 of the road traffic ordinance or a duplicate of it, and in the case of an application referred to in regulation 110(6)(b), the applicant shall apply to the authority that issued the licence or the provincial administration concerned for form POD on form APD as shown in Schedule 2, and such application shall be accompanied by—

1. the fee as determined by the MEC of the province concerned;
2. two photographs of the applicant that comply with regulation 103(1); and
3. acceptable identification of the applicant.

(b) Upon receipt of the application the authority concerned shall, if it is satisfied that the licence concerned was issued by that authority, complete form POD as shown in Schedule 2, issue that form to the applicant and retain a copy of it for record purposes.

(c) The said applicant shall upon being issued with form POD make an application on form DL1 to a driving licence testing centre, which shall be accompanied by—

1. the fee as contemplated in regulation 108(1);
2. two photographs of the applicant that comply with regulation 103(1);
3. form POD; and
4. acceptable identification of the applicant.

(3) Upon receipt of an application referred to in subregulation (1) or (2), the examiner for driving licences shall, if he or she is satisfied that the applicant is not disqualified from holding a driving licence as contemplated in section 15(1)(f)(vi) of the Act read with regulation 102, authorise the issue and issue the driving licence in the manner referred to in regulation 108.

112A. Authorisation to allow person to receive driving licence card on behalf of another person

112A. (1) Notwithstanding regulation 108—

1. if an applicant knows that he or she will be unable to receive the driving licence card in person at the driving licence testing centre—
   1. the application shall be accompanied by—

   (aa) a certified copy of the identity document of the person who will receive the card on the applicant’s behalf; and
   (bb) an affidavit made by the applicant stating the reason why he or she will be unable to receive the card in person, and the name and identification number of the person who will receive the card on his or her behalf; and

   2. the person whose name and identification number appears on the affidavit shall receive the card on behalf of the applicant and shall present his or her identity document upon such receipt; or
2. if an applicant is unable to receive the card in person due to unforeseen circumstances, the person who receives the card on behalf of the applicant shall submit—
   1. his or her identity document and a certified copy thereof;
   2. a certified copy of the identity document of the applicant; and
   3. an affidavit made by the applicant which contains an explanation of the unforeseen circumstances preventing him or her from receiving the card in person and the name and identification number of the person who will receive the card on his or her behalf.

(2) The driving licence testing centre shall upon submission of the said documents issue the card to the said person.

113. Manner of notification of new residential and postal address

113. Notice of a licence holder’s new residential and postal address in terms of section 22 of the Act shall be given on form NCP as shown in Schedule 2, to the appropriate registering authority of the licence holder

114. Manner of application for and issue of driving licence free of endorsements

114. An application for and issue of a driving licence free of endorsements in terms of section 26(2) of the Act shall be made in the manner prescribed in regulation 109, in so far as it relates to the driving licence.

Part III
Instructors

114A. Application for registration as instructor

114A. (1) Any person desiring to be registered as an instructor shall apply at a driving licence testing centre to the chief executive officer on form RI as shown in Schedule 2, in respect of one or more of the classes of motor vehicles for which a learner’s or driving licence can be obtained as contemplated in regulation 99(1), and such application shall be accompanied by the appropriate fee as determined by the MEC of the province concerned.

(2) Upon receipt of an application in terms of subregulation (1)—

1. the driving licence testing centre shall submit such application to the officer in charge of the South African Police Service Station deemed by such centre to be the most convenient, for a report as to whether any conviction has been recorded against the applicant as well as in respect of any other matter which, in the opinion of such officer or centre, is relevant to the application, and that officer is authorised to report accordingly; and
2. the driving licence testing centre shall require the applicant to be medically examined at the applicant's cost by a medical practitioner or occupational health practitioner in order to obtain a report on form MC as shown in Schedule 2 on the physical and mental fitness of such applicant to act as an instructor.

(3) A member of the South African Police Service may take the finger and palm prints of the applicant to enable him or her to report in terms of subregulation (2).

(4) Before an application in terms of subregulation (1) is forwarded to the chief executive officer, the driving licence testing centre concerned shall attach the reports referred to in subregulation (2) and shall at the same time draw the attention of the chief executive officer to any relevant information.

114B. Examination and test to determine competence to act as instructor

114B. (1) If the chief executive officer, having regard to the documents referred to in regulation 114A(4) and any relevant facts known to him or her or ascertained by him or her, is satisfied that the applicant cannot be considered fit to act as an instructor, he or she shall refuse the application.

(2) Where the chief executive officer does not refuse the application, he or she shall require the applicant to be examined and tested at the driving licence testing centre concerned in order to obtain a report on the form determined by the chief executive officer, on the competence of the applicant to act as an instructor.

(3) The examination and test mentioned in subregulation (2) shall be in accordance with the "Manual for driver trainer instructors" of the Corporation published by the chief executive officer in the Gazette.

(4) The chief executive officer shall consider the application with due regard to the reports referred to in regulation 114A(2) and subregulation (2) and any relevant facts known to him or her or ascertained by him or her, and if he or she is satisfied that the applicant complies with all the requirements, he or she shall, subject to such conditions as he or she may determine, grant the application in respect of one or all of the classes of motor vehicles to which the application relates.

114C. Registration of instructor

114C. (1) Where the chief executive officer grants an application he or she shall forward—

1. a written authority in such form as he or she may determine, to the applicant for the issue of a registration certificate and in which any condition subject to which the application has been granted, is specified; and
2. a copy of the authority contemplated in paragraph (a) to the driving licence testing centre concerned.

(2) Upon receipt of—

1. the authority contemplated in subregulation (1)(a);
2. two photographs of the applicant complying with the provisions of regulation 103(1); and
3. the fee for a registration certificate determined by the MEC of the province concerned,
   the driving licence testing centre shall issue to the applicant a registration certificate on form CRI as shown in Schedule 2 on which the conditions contemplated in subregulation (1)(a) have been endorsed after the provisions of subregulations (3) and (4) have been complied with, and shall update the register of instructors accordingly.

(3) The driving licence testing centre shall affix one lamination strip to the registration certificate and another to the application form contemplated in regulation 114A(1), to cover the photograph, personal particulars and class or classes of motor vehicles in respect of which the registration certificate was granted.

(4) The applicant shall sign the registration certificate in the presence of the person acting on behalf of the driving licence testing centre concerned.

114D. Cancellation or suspension of registration of instructors

114D. (1) If the chief executive officer intends to suspend or cancel the registration of an instructor in terms of section 28C of the Act he or she shall notify the instructor, and the driving licence testing centre that issued such instructor with his or her registration certificate, accordingly.

(2) The instructor may within 21 days of receipt of the said notification give reasons in writing to the chief executive officer why his or her registration should not be suspended or cancelled, and send a copy thereof to the driving licence testing centre concerned.

(3) After due consideration of all the relevant facts and circumstances, the chief executive officer may suspend for such period as he or she determines, or cancel the registration of the instructor and he or she shall notify the instructor and driving licence testing centre concerned accordingly.

(4) The instructor whose registration has been suspended or cancelled shall deliver his or her registration certificate forthwith to the driving licence testing centre.

(5) The driving licence testing centre shall update the register of instructors.

(6) After the expiry of the period of suspension, the driving licence testing centre shall return to the person entitled thereto, the registration certificate delivered to it in terms of subregulation (4)

114E. Application for amendment of registration of instructor

114E. (1) (a) Where an instructor desires that his or her registration applies to a further class of motor vehicle, he or she may apply in terms of regulation 114A for a new registration certificate.

(b) The instructor shall undergo an examination and test with respect to the further class or classes of vehicle contemplated in paragraph (a), in accordance with that part of the AManual for driver trainer instructors" of the Corporation that pertains to the theoretical and practical test contemplated in regulations 104 and 107.

(2) If any of the particulars that appears on an instructor’s registration certificate changes, or the instructor desires that any condition of his or her registration be altered, substituted or deleted, the instructor shall apply for a new registration certificate in terms of regulation 114A.

(3) (a) In the case of an application contemplated in subregulation (1), the chief executive officer may dispense with the furnishing of the reports referred to in regulation 114A(2).

(b) In the case of an application contemplated in subregulation (2), the chief executive officer may dispense with the furnishing of the reports referred to in regulations 114A(2) and 114B(2).

(4) If the application is granted—

1. the driving licence testing centre shall update the register of instructors;
2. the driving licence testing centre shall issue the new registration certificate free of charge;
3. the new registration certificate shall not be issued before the existing registration certificate has been delivered to the driving licence testing centre concerned for cancellation.

Part IV
Professional Driving Permit

115. Certain drivers of certain vehicles to hold professional driving permit

115. (1) Subject to the provisions of subregulation (2), a professional driving permit shall be held by the driver of—

1. a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
2. a breakdown vehicle;
3. a bus;
4. a minibus—
   1. the gross vehicle mass of which exceeds 3 500 kilograms; or
   2. which is designed or adapted for the conveyance of 12 or more persons, including the driver;
5. a motor vehicle used for the conveyance of persons for reward;
6. a goods vehicle carrying dangerous goods the gross vehicle mass of which exceeds 3 500 kilograms or a vehicle to which standard specification SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" or standard specification SABS 1518: "Transportation of dangerous goods - design requirements for road tankers" apply; and
7. a motor vehicle conveying 12 or more persons including the driver.

(2) The provisions of subregulation (1) does not apply—

1. to a traffic officer or examiner of vehicles in the performance of his or her duties as contemplated in sections 3I and 3G of the Act, respectively;
2. to a person driving a hearse;
3. to a person driving a motor vehicle referred to in regulation 21(1) or 21(5);
4. subject to regulation 99(2), to a person driving a motor vehicle for which he or she holds a valid learner’s licence with the code prescribed for that vehicle in terms of regulation 99(1), while being accompanied by a person holding a valid professional driving permit which authorises him or her to drive that vehicle;
5. to a person driving a tractor

116. Categories of, and authority conveyed by, professional driving permit

116. (1) Professional driving permits are divided in the following categories:

1. Category "G", which authorises the driving of a motor vehicle as referred to in regulation 115(1)(a) and (b);
2. category "P", which authorises the driving of a motor vehicle referred to in regulation 115(1)(a), (b), (c), (d), (e) and (g); and
3. category "D", which authorises the driving of a motor vehicle referred to in regulation 115(1).

(2) For the purpose of subregulation (1), the term Adriving" shall include the driving of a motor vehicle drawing another motor vehicle the last named of which is a motor vehicle as contemplated in regulation 115(1).

(3) The authority provided by a professional driving permit only applies in respect of a vehicle for which the holder holds a valid driving licence.

117. Disqualification from obtaining professional driving permit

117. A professional driving permit shall not be issued by a driving licence testing centre—

(a) unless the applicant is in possession of a valid driving licence for a motor vehicle in respect of which the permit is applied for;

(aA) unless, in the case of an application for a category "P" and "D" professional driving permit, the applicant is of the age of 21 years and 25 years, respectively, or over;

(b) unless a registered medical practitioner or occupational health practitioner has examined the applicant to determine whether or not he or she is disqualified from driving a motor vehicle as contemplated in section 15(1)(f) of the Act, and has certified the applicant to be medically fit on form MC as shown in Schedule 2 not more than 2 months prior to the date of the application;

(c) if the applicant has, within a period of five years prior to the date of the application, been convicted of—

1. driving a motor vehicle while under the influence of intoxicating liquor or a drug having a narcotic effect;
2. driving a motor vehicle while the concentration of alcohol in his or her blood or breath exceeded a statutory limitation;
3. reckless or negligent driving; or
4. in the case of an application for a category "P" and "D" permit, an offence of which violence was an element;

(d) during any period for which a professional driving permit or driving licence held by the applicant has been suspended or if such permit or licence has been cancelled; or

(e) unless, from a date to be determined by the Minister by notice in the Gazette, the applicant for a category "D" permit holds a certificate obtained from an approved training body as contemplated in regulation 280, not more than 2 months prior to the date of application.

118. Application for professional driving permit

118. (1) The driver of a vehicle contemplated in regulation 115(1) shall apply at a driving licence testing centre for a professional driving permit on form PD1 as shown in Schedule 2.

(2) An application referred to in subregulation (1) shall be accompanied by—

(a) the fee for an application for a professional driving permit as prescribed by the MEC of the province concerned;

(b) acceptable identification of the applicant;

(c) two photographs of the applicant that comply with regulation 103(1);

(d) the original driving licence which authorises the applicant to drive a motor vehicle to which his or her application for a professional driving permit relates;

(dA) from the date referred to in regulation 117(e), the training certificate referred to in the said regulation, if applicable;

(e) the medical certificate on form MC as shown in Schedule 2; and

(f) any other professional driving permit or public driving permit already held by the applicant.

(3) Upon receipt of an application made in terms of this regulation, the testing centre shall—

(a) ensure that the application is in order with reference to regulation 117 and subregulation (2);

(aA) ensure that the applicant is not disqualified as contemplated in section 15 of the Act read with regulation 102.

(b) verify that the photographs submitted are those of the applicant; and

(c) record the application on the register of professional driving permits and verify from such register that the applicant is not subject to a suspension or cancellation of any driving licence or professional driving permit held by him or her.

(4) If the driving licence testing centre is satisfied that the application is in order, it shall request the officer in charge of the nearest South African Police Service station for a report of the convictions identified in regulation 117(c), if any, recorded against the applicant and for the purpose of such report, any member of the South African Police Service may take the finger and palm prints of the applicant

119. Manner of issue of professional driving permit

119. (1) If the examiner for driving licences is satisfied that the applicant complies with the requirements for the issue of a professional driving permit, the examiner shall, upon payment of the fee which shall be the same as the fee prescribed for the issue of a driving licence as determined by the MEC of the province concerned, except if such fee was already paid in terms of regulation 108 for the simultaneous issue of a driving licence—

(a) take an imprint of the left thumb and right thumb of the applicant on the image scanning sheet (form ISS) and the duplicate of it, and should the applicant not have a left or right thumb, an imprint of such fingers as specified on the ISS form, the identification of which shall be noted on the image scanning sheet;

(b) ensure that the applicant signs the image scanning sheet (form ISS) and the duplicate thereof;

(bA) ensure, from the date referred to in regulation 117(e), that the applicant holds a training certificate referred to in the said regulation, if applicable;

(c) affix one photograph of the applicant to the image scanning sheet (form ISS) and one photograph to the duplicate thereof;

(d) record the barcode number of the image scanning sheet on the application form and the register of professional driving permits;

(e) after receiving the police report referred to in regulation 118(4) and verifying that the applicant is medically fit as required in regulation 117(b), complete the authorisation to issue the professional driving permit on the application form and record the authorisation on the register of professional driving permits;

(f) retain the duplicate of form ISS for record purposes; and

(g) order the driving licence card on which the professional driving permit will appear from the Card Production Facility and send the image scanning sheet (form ISS) to that facility not later than two working days after the date of the authorisation referred to in paragraph (e).

(1A) The driving licence testing centre shall pay over to the Card Production Facility such part of the fee, referred to in subregulation (1), payable in accordance with the agreement between that Facility and the Corporation, the amount of which shall be published in the notice contemplated in regulation 108(1A).

(2) On receipt of form ISS as shown in Schedule 2 and the order for the driving licence card, the Card Production Facility shall—

1. personalise and produce the driving licence card on form DL3 as shown in Schedule 2; and
2. forward the driving licence card and notice NCD as shown in Schedule 2 to the driving licence testing centre concerned.

(3) On receipt of the driving licence card referred to in subregulation (2), the driving licence testing centre shall—

1. record the receipt of the driving licence card on which the professional driving permit appears, on the register of professional driving permits;
2. notify the applicant on form NCD as shown in Schedule 2, to collect such driving licence card at such centre;
3. after presentation of the applicant’s acceptable identification and the submission of every licence and professional driving permit held by such applicant, issue such driving licence card to the applicant;
4. ensure that the applicant acknowledges receipt of the driving licence card on the application form; and
5. update the register of professional driving permits accordingly to reflect the issue of the driving licence card.

(4) An examiner for driving licences or a person authorised thereto shall deface an unclaimed driving licence card on which a professional driving permit appears 120 days after the notice referred to in subregulation (3)(b) was posted, except previously otherwise agreed with the applicant, and record the defacement of such driving licence card on the register of professional driving permits.

120. Professional driving permit remains in force after application

120. (1) Notwithstanding anything to the contrary contained in these regulations, where a person applies for a new professional driving permit in the manner contemplated in these regulations before the expiry of the professional driving permit held by such person, that permit remains valid until such holder is notified of the result of his or her application for a new professional driving permit.

(2) If the application for a new professional driving permit has been referred to the MEC in terms of regulation 125, the professional driving permit held by the said person shall continue to remain valid until the driving licence testing centre or MEC notifies that person of the decision of the MEC

121. Application for duplicate driving licence card on which professional driving permit appears

121. (1) An application for a duplicate driving licence card on which a professional driving permit appears, shall be made on form PD1 as shown in Schedule 2 to the driving licence testing centre, and shall be accompanied by—

1. the fee which shall be the same as the fee referred to in regulation 108(1);
2. the acceptable identification of the applicant;
3. two photographs of the applicant, referred to in regulation 103(1); and
4. the driving licence card on which the professional driving permit appears, or where the card has been lost or stolen, a declaration on form DCT as shown in Schedule 2.

(2) If the permit in question would have expired within a period of three months from the date of the application referred to in subregulation (1), the person concerned shall apply for, and be issued with, a new permit in accordance with regulation 118 and 119, respectively.

(3) Upon receipt of an application for a duplicate driving licence card on which a professional driving permit appears, the driving licence testing centre shall—

1. ensure that the application is in order;
2. verify that the applicant is not subject to a suspension or cancellation of any driving licence or professional driving permit held by him or her; and
3. issue the duplicate of a driving licence card on which a professional driving permit appears in accordance with regulation 119: Provided that a training certificate, police report and medical certificate as referred to in regulation 119(1)(bA) and (1)(e) are not required.

122. Period of validity of professional driving permit, re-application and re-issuing

122. (1) A professional driving permit shall be valid for a period of 24 months from the date of authorisation thereof as referred to in regulation 119(1)(e) but shall be deemed to be valid for a further period of 21 days calculated from the date of expiry unless the permit or a driving licence of the person concerned has been suspended or cancelled.

(2) Regulations 117, 118 and 119 apply to the re-application and re-issuing of a professional driving permit.

123. Suspension or cancellation of professional driving permit

123. (1) If any circumstance arises which would have caused the holder of a professional driving permit to be disqualified from obtaining that permit, the chief executive officer may suspend or cancel the permit held by such person and the holder shall submit the driving licence card on which the permit appears to the chief executive officer, upon which the chief executive officer shall—

1. remove the professional driving permit from the driving licence card; and
2. record the suspension or cancellation of the permit on the register of professional driving permits.

(2) The holder of a professional driving permit whose permit has been suspended or cancelled by a court under section 34 of the Act, shall submit the card on which the permit appears to the registrar or clerk of the court who shall ensure that the professional driving permit is removed from the driving licence card by the chief executive officer and that the suspension or cancellation of the permit is recorded on the register of professional driving permits.

124. Prohibition of permitting or assisting person not being holder of professional driving permit to drive vehicle

124. No person who—

1. is the operator, owner or is in charge or control of a motor vehicle referred to in regulation 115(1) may employ or permit any other person to drive that motor vehicle on a public road, unless that other person is the holder of a professional driving permit of the appropriate category contemplated in regulation 116(1); or
2. is the holder of a professional driving permit under this Part, may allow such permit to be used by any other person

125. Referral of application to MEC

125. (1) If an applicant for a professional driving permit complies with all the requirements and conditions specified in the regulations but has—

1. not been certified to be medically fit as referred to in regulation 117(b); or
2. within a period of five years prior to the date of the application, been convicted of an offence referred to in regulation 117(c),
   he or she may request the driving licence testing centre concerned to refer his or her application to the MEC for a decision whether or not a professional driving permit may be issued.

(2) An application referred to the MEC for a decision shall be accompanied by the applicant’s reasons why the application should be re-considered as well as a recommendation from the testing centre whether the application should be re-considered.

(3) If the MEC approves that a professional driving permit may be issued, he or she shall—

1. ensure that such approval is recorded on the register of professional driving permits; and
2. inform the driving licence testing centre concerned accordingly, and the testing centre shall deal with the application in accordance with regulation 119.

(4) If the MEC refuses the application, the testing centre concerned and the applicant shall be informed accordingly

126. Records to be kept by driving licence testing centre of professional driving permits

126. A driving licence testing centre shall keep records of—

1. every application for a professional driving permit made to it in terms of regulation 118(1) and any documentation accompanying the application;
2. every duplicate image scanning sheet of which the original was forwarded to the Card Production Facility as referred to in regulation 119(1)(g);
3. the form NCD received from the Card Production Facility in respect of every permit authorised by the testing centre;
4. the card on which a permit appears as referred to in regulation 119(3)(c);
5. any notification it receives; and
6. any other documentation in connection with or related to any permit issued, suspended or cancelled by it.

127. Voidness of professional driving permit issued contrary to regulations

127. A professional driving permit issued contrary to the provisions of these regulations is void and the holder of it shall, on demand by the testing centre which issued the permit or by a traffic officer, forthwith deliver the permit to the testing centre or traffic officer.

Contents Page

Chapter 6