| (1) |
An examiner for driving licences shall forthwith, after the examiner for driving licences notified the applicant that he or she shall be issued with a driving licence after an examination and test in terms of regulation 107 or in the case of an application in terms of subregulation (5)(b) or regulation 109, and if he or she is satisfied that the applicant must be issued with a driving licence and 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— |
| (a) |
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; |
| (b) |
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; |
| (c) |
except for in the circumstances mentioned in paragraph (d), the examiner for driving licences shall— |
| (i) |
take an imprint of the left thumb and right thumb of the applicant, and should the applicant not have a left or right thumb, an imprint of such fingers as specified by the image capturing system, the identification of which shall be noted on the image capturing system; |
| (ii) |
capture the photographic image of the applicant on the image capturing system depicting only the head and shoulders of the applicant and showing the applicant's full face and subject to regulation 103(1)(a)(vii), showing the applicant without headgear; |
| (iii) |
capture the signature image of the applicant on the image capturing system; |
| (iv) |
ensure that the applicant's vision complies with the requirements referred to in regulation 102 by using the image capturing system. Provided that should the applicant fail the automated vision test, the verbal vision test shall be used; |
| (v) |
print the image capture sheet on form ICS as shown in Schedule 2 from the image capturing system; |
| (vi) |
record the barcode number on the image capture sheet on the application form submitted in terms of regulation 106(1); |
| (vii) |
in the case of an application referred to in section 18(1) of the Act, record the test results of the driving licence test onto the register of driving licences; |
| (viii) |
in the case of an application referred to in section 18(1) of the Act, record the code of the driving licence to be issued and the barcode number on the image capture sheet onto the register of driving licences; |
| (ix) |
retain the image capture sheet for record purposes; and |
| (x) |
send the disk containing the finger print images, signature and photograph to the Card Production Facility not later than two working days after the date of the authorisation referred to in paragraph (a) 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, order the driving licence card on which the driving licence appears from that facility. |
Provided that the tasks mentioned in items (viii) to (x) may be performed by an appropriately trained and appointed employee of the driving licence testing centre concerned. Provided further that if the register of driving licences is not available, the tasks referred to in items (vii) and (viii) shall be performed as soon as the register of driving licences becomes available;
[Regulation 108(1)(c) substituted by regulation 21(a) of Notice No. R. 404 of 2007]
| (d) |
only in the case where the driving licence testing centre concerned has not been equipped with an image capturing system or in the case where the driving licence testing centre concerned has been equipped with one or more image capturing systems and all or at least two such image capturing systems are not available due to a failure and such failure has been reported according to the call logging procedures or in the case where the MEC has specifically given authority to the driving licence testing centre to use this procedure, the examiner for driving licences shall— |
| (i) |
ensure that the applicant's vision complies with the requirements referred to in regulation 102; |
| (ii) |
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; |
| (iii) |
affix one photograph of the applicant to the image scanning sheet (form ISS) and one photograph to its duplicate; |
| (iv) |
ensure that the same barcode number appears on form ISS and the duplicate of it; |
| (v) |
ensure that the applicant signs form ISS and the duplicate of it; |
| (vi) |
retain the duplicate of form ISS for record purposes; |
| (vii) |
record the barcode number of the image scanning sheet (form ISS) on the application form submitted in terms of regulation 106(1); |
| (viii) |
in the case of an application referred to in section 18(1) of the Act, record the test results of the driving licence test onto the register of driving licences |
| (ix) |
in the case of an application referred to in section 18(1) of the Act, record the code of the driving licence to be issued and the barcode number on the image scanning sheet onto the register of driving licences |
| (x) |
retain the image scanning sheet for record purposes; and |
| (xi) |
send form ISS to the Card Production Facility not later than two working days after the date of the authorisation referred to in paragraph (a) 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, order the driving licence card on which the driving licence appears from that facility. |
Provided that the tasks mentioned in items (ix) to (xi) may be performed by an appropriately trained and appointed employee of the driving licence testing centre concerned. Provided further that if the register of driving licences is not available, the tasks referred to in items (viii) and (ix) shall be performed as soon as the register of driving licences becomes available.
[Regulation 108(1)(d) substituted by regulation 21(a) of Notice No. R. 404 of 2007]
| (e) |
[Regulation 108(1)(e) deleted by regulation 21(b) of Notice No. R. 404 of 2007] |
| (f) |
[Regulation 108(1)(f) deleted by regulation 21(b) of Notice No. R. 404 of 2007] |
| (g) |
[Regulation 108(1)(g) deleted by regulation 21(b) of Notice No. R. 404 of 2007] |
| (h)
|
[Regulation 108(1)(h) deleted by regulation 21(b) of Notice No. R. 404 of 2007] |
| (i) |
[Regulation 108(1)(i) deleted by regulation 21(b) of Notice No. R. 404 of 2007] |
[Regulation 108(1) substituted by regulation 19(a) of Notice No. R. 881 of 2004]
| (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 the disk referred to in subregulation (1)(c)(viii) or form ISS referred to in subregulation (1)(d)(vii) and the order for the driving licence card, the Card Production Facility shall, if the images recorded onto the disk or image scanning sheet concerned are accepted— |
| (i) |
personalise and produce the driving licence card on form DL3 as shown in Schedule 2; and |
| (ii) |
forward the driving licence card and notice NCD as shown in Schedule 2 to the driving licence testing centre concerned. |
[Regulation 108(2)(a) substituted by regulation 21(c) of Notice No. R. 404 of 2007]
| (b) |
If the images recorded onto the disk or image scanning sheet concerned are not accepted by the Card Production Facility, the applicant shall again report to the driving licence testing centre for the repeat of subregulation (1)(c) or, if approved by the driving licence testing centre, 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 repeat subregulation (1)(d). |
[Regulation 108(2)(b) substituted by regulation 21(d) of Notice No. R. 404 of 2007]
| (3) |
On receipt of the driving licence card referred to in subregulation (2), the driving licence testing centre shall— |
| (a) |
record the receipt of the driving licence card on which the driving licence appears in the register of driving licences; |
| (b) |
notify the applicant on form NCD as shown in Schedule 2, to collect the driving licence card at the centre; |
| (c) |
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; |
| (d) |
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; |
| (e) |
ensure that the applicant acknowledges receipt of the driving licence card on form DL1 or form NCD, as shown in Schedule 2; |
[Regulation 108(3)(e) substituted by regulation 29(b) of Notice No. 2116 of 2001]
| (f) |
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. Provided that where a person has applied for a new driving licence card in the manner contemplated in paragraph (b) on or before the expiry date of the driving licence card held by such person, the new driving licence card shall expire five years from the date after the expiry date of the driving licence card held by such person. |
[Regulation 108(5)(a) substituted by regulation 19(b) of Notice No. R. 881 of 2004]
| (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). |
(6)
| (a) |
Notwithstanding the provisions of subregulation (5)(a), where a person has applied for a new driving licence card in the manner contemplated in subregulation (5) (b) on or before the expiry date of the driving licence card held by such person and a driving licence of the person concerned has not been suspended or cancelled, that card shall remain valid until the new driving licence card has been issued in terms of subregulation (3) but not for more than three months after the expiry date of such driving licence card. |
| (b) |
The provisions of paragraph (a) shall only apply if the holder of the driving licence card is in possession of the driving licence card previously issued to him or her and proof of the fees paid in terms of Regulation 109(2)(c) for a new driving licence card as contemplated in Regulation 108(1). |
[Regulation 108(6) substituted by regulation 19(c) of Notice No. R. 881 of 2004)]
National Environmental Management Act, 1998 (107 of 1998)
