Superior Courts Act, 2013
R 385
Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)Chapter IV : Points demerit system25. Prohibition on driving or operating motor vehicle |
| (1) | If a person, operator or a juristic person who is not an operator, incurs demerit points which, when added to the points previously recorded against that person, operator or a juristic person who is not an operator in the National Road Traffic Offences Register and reduced as contemplated in section 28, exceed the total contemplated in section 29(d), that person, operator or a juristic person who is not an operator is disqualified within 32 days, after such excess points have been incurred, from driving or operating a motor vehicle on a public road. |
[Section 25(1) substituted by section 14(a) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
(2)
| (a) | The disqualification period equals in months the number of points by which the total referred to in section 29(d) is exceeded, multiplied by three or such number as may be prescribed by the Minister. |
| (b) | The Minister may prescribe different numbers under paragraph (a) in respect of a driver, a learner driver, an operator of a motor vehicle and a juristic person who is not an operator. |
[Section 25(2)(b) substituted by section 14(b) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (3) | Aperson, operator, or a juristic person who is not an operator— |
| (a) | must within a period of 32 days hand in any driving licence card [or], professional driving permit, motor vehicle licence disc, operator card or any other permit, card or licence issued in terms of road traffic legislation or transport legislation, where applicable, in the prescribed manner to the relevant issuing authority contemplated in section 26(2) for retention by such issuing authority during the disqualification period, produce any driving licence to such issuing authority for endorsement as suspended or must remove the prescribed operator card and deal therewith in the prescribed manner; and |
| (b) | may not apply for a driving licence, professional driving permit or operator card, motor vehicle licence disc, operator card or any other permit, card or licence disc issued in terms of road traffic legislation or transport legislation during the disqualification period. |
[Section 25(3) substituted by section 14(c) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (4) | In the event that a person, operator or a juristic person who is not an operator, fails to comply with the provisions of subsection (3)(a) or drives or operates a motor vehicle during his or her disqualification period, his or her licence, permit, card or licence issued in terms of any road traffic legislation or transport legislation is suspended for a further period of one year for every subsequent driving or operation and such person is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year or both a fine and such imprisonment. |
[Section 25(4) substituted by section 14(d) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (5) | Upon expiry of the disqualification period, a person referred to in subsection (3) may apply in the prescribed manner to the relevant issuing authority for the return of the document referred to in subsection (3)(a). |
[Section 25(5) substituted by section 14(e) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
[Section 25 shall come into operation on 1 September 2026 per (c) of Proclamation 274 of GG53099, dated 1 August 2025]
