| (1) |
If an infringer fails to comply with the requirements of a notification contemplated in section 18(7) or a courtesy letter contemplated in section 19(2)(b) or has failed to appear in court as contemplated in section 22(3)(a), as the case may be, the registrar must, subject to subsection (2)— |
[Words preceding Section 20(1)(a) substituted by section 12(a) of Act No. 72 of 2002]
| (b) |
record the demerit points incurred by the infringer in the national contraventions register; |
| (c) |
notify the infringer by registered mail in the prescribed manner that the demerit points have been recorded against his or her name in the national contraventions register in respect of the infringement in question; and |
| (d) |
provide the infringer with a printout of the demerit points incurred by him or her to date, together with an indication of the number of points left before his or her driving licence, professional driving permit or operator card is suspended in terms of section 25 or cancelled in terms of section 27. |
| (2) |
No enforcement order is issued, unless the registrar is satisfied that— |
| (a) |
a notification contemplated in section 18(7) or courtesy letter, as the case may be, has been served on the infringer in question; |
[Section 20(2)(a) substituted by section 12(b) of Act No. 72 of 2002]
| (b) |
a period of at least 32 days has passed since the date of service of the said notification or courtesy letter, as the case may be; |
[Section 20(2)(b) substituted by section 12(b) of Act No. 72 of 2002]
| (c) |
the applicable penalty and fees have not been paid; |
| (e) |
the infringer has not elected to be tried in court, or has elected to be tried in court and has failed to appear; and |
| (f) |
the infringer was at the time of the alleged infringement either the owner or operator of the motor vehicle or the driver of it. |
| (3) |
An enforcement order must – |
| (a) |
state that the infringer on whom it is served may, not later than 32 days after the date of service of the order, pay the penalty, representations fee and the fees of the courtesy letter, if any, and the prescribed fee of the enforcement order to the agency at the specified place and in the specified manner, and that the prescribed demerit points will be recorded in the national contraventions register; and |
[Section 20(3)(a) substituted by section 12(c) of Act No. 72 of 2002]
| (b) |
state that a failure to comply with the requirements of the enforcement order within the period contemplated in paragraph (a) will result in a warrant being issued to recover the applicable penalty and fees. |
| (4) |
If an infringer pays the penalty and fees as contemplated in subsection (3)(a), the agency must record compliance with the enforcement order and update the national contraventions register in the prescribed manner. |
| (5) |
Subject to subsection (6), no— |
| (b) |
professional driving permit; or |
| (c) |
licence disc, may be issued to an infringer or in respect of a motor vehicle registered in the name of an infringer, if an enforcement order has been issued in respect of such infringer, until such enforcement order has been complied with or has been revoked. |
| (6) |
The provisions of subsection (5) do not apply in respect of an infringer who provides proof in the prescribed manner that he or she has in the meantime paid the penalty and fees specified in the enforcement order. |
| (7) |
An infringer on whom an enforcement order has been served may comply with it by paying the applicable penalty and fees to the local registering authority or driving licence testing centre. |
[Section 20(7) substituted by section 12(d) of Act No. 72 of 2002]
| (8) |
A local registering authority or driving licence testing centre must update the national contraventions register and notify the agency in the prescribed manner if it has received any payment contemplated in subsection (7) and must pay over such payment to the agency after deduction of the prescribed collection fee, within the prescribed period after which the agency may charge interest at the prescribed rate. |
[Section 20(8) substituted by section 12(d) of Act No. 72 of 2002]
| (9) |
An enforcement order must be revoked by the registrar if— |
| (a) |
the infringer applies to the agency in the prescribed manner and submits reasons to the satisfaction of the registrar why an enforcement order must be revoked; or |
| (b) |
the issuing authority applies in the prescribed manner for a revocation of the enforcement order, |
and the infringer or the issuing authority, as the case may be, who applied for the revocation of an enforcement order, must be informed in the prescribed manner of the result of such an application.
[Section 20(9) substituted by section 12(e) of Act No. 72 of 2002]
| (10) |
If an enforcement order is revoked, its consequences must be cancelled and if it involves the cancellation of a disqualification to drive or use a motor vehicle— |
| (a) |
the national contraventions register must be updated; and |
| (b) |
the infringer must be informed about it in the prescribed manner and his or her driving licence, professional driving permit or operator’s card must be returned or the endorsement of a driving licence that is contained in an identity document must be cancelled, unless he or she has been disqualified otherwise. |
[Section 20(10) inserted by section 12(f) of Act No. 72 of 2002]
Public Service Commission Act, 1997
