Acts Online
GT Shield

National Road Traffic Act, 1996 (Act No. 93 of 1996)

Chapter IV : Fitness of drivers

34. Court may issue order for suspension or cancellation of licence or permit or disqualify person from obtaining licence or permit

 

1) Subject to section 35, a court convicting a person of an offence in terms of this Act, or of an offence at common law, relating to the driving of a motor vehicle may, in addition to imposing a sentence, issue an order, if the person convicted is –
a) the holder of a licence, or of a licence and permit, that such licence or licence and permit be suspended for such period as the court may deem fit or that such licence or licence and permit be cancelled, and any such licence shall be dealt with as provided in subsection (3);
b) the holder of a licence, or of a licence and permit, that such licence or licence and permit be cancelled, and that the person convicted be disqualified from obtaining a licence, or a licence and permit, for any class of motor vehicle for such period as the court may deem fit, and any such licence shall be dealt with as provided in subsection (3); or
c) not the holder of a licence, or of a licence and permit, declaring him or her to be disqualified from obtaining a licence, or a licence and permit, either indefinitely or for such period as the court may deem fit.

 

2) The making of an endorsement, in terms of subsection (3), may be postponed by the court issuing the order, until any appeal against the conviction or sentence or both has been disposed of.

 

3) Where a court has issued an order under subsection (1)(a) or (b) the registrar or clerk of the court shall, subject to subsection (2), in the case where the licence(a) is contained in an identity document, endorse such licence accordingly and return the identity document to the holder thereof; or(b) is not contained in an identity document, retain such licence and deal with it in the prescribed manner.