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NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online

NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online

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(3) If the holder of the licence concerned is, after the examination and test in<br />

terms of subsection (2) (a), found to be competent to drive a motor vehicle of the class<br />

provided by him or her and is not disqualified in terms of section 15, the MEC may<br />

direct-<br />

(a) that every licence authorising the driving of a motor vehicle and of which<br />

he or she is the holder shall be cancelled; and<br />

(b) that a driving licence in respect of a motor vehicle of the class provided by<br />

him or her shall be issued to him or her by an examiner for driving<br />

licences of the authority authorised thereto by the MEC, and for that<br />

purpose the provisions of section 18 (4) shall apply with the necessary<br />

changes.<br />

(4) If any person, after having been examined and tested in terms of subsection<br />

(2) (a), is found not to be competent to drive a motor vehicle of the class provided by him<br />

or her, the MEC concerned shall forthwith cancel the licence concerned.<br />

(5) If any person fails to comply with a request in terms of subsection (2), the<br />

MEC may forthwith suspend or cancel, as the case may be, the licence concerned unless<br />

such person is able to satisfy the MEC within a period determined by the MEC that such<br />

failure was due to a reason beyond his or her control and that such licence should not be<br />

so suspended or cancelled.<br />

(6) The suspension or cancellation of a licence in terms of this section s hall apply<br />

to any other learner's or driving licence held by the holder of such suspended or cancelled<br />

licence and recognised in terms of this Chapter as a valid licence, as the MEC may<br />

determine.<br />

(7) (a) When a licence is cancelled or suspended in terms of subsection (1) or is<br />

cancelled in terms of subsection (3) (a) or (4), the holder thereof shall forthwith submit<br />

the licence or, in the case where it is contained in an identity document, that document to<br />

the MEC or an inspector of licences authorised by him or her.<br />

(b) If the licence is not contained in an identity document-<br />

(i) but particulars thereof are contained in the register for driving licences, the<br />

MEC or the inspector of licences, as the case may be, shall record<br />

particulars of the cancellation or suspension in that register;<br />

(ii) and particulars thereof are not contained in the register for driving<br />

licences, the MEC or the inspector of licences, as the case may be, shall<br />

notify the authority which issued the licence of the cancellation or<br />

suspension,<br />

and where the licence has been suspended the MEC or the inspector of licences, as the<br />

case may be, shall retain the licence until the period of suspension expires, whereafter it<br />

shall be returned to the holder thereof.<br />

(c) If the licence is contained in an identity document, the MEC or inspector of<br />

licences, as the case may be, shall effect an appropriate endorsement on the licence,<br />

record the particulars of the cancellation or suspension in the register for driving licences<br />

and return the identity document to the holder thereof.<br />

(8) The MEC may, where he or she deems it expedient and on such conditions as<br />

he or she may deem fit-<br />

(a) in the prescribed manner reinstate a licence suspended in terms of this<br />

section;

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