NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online
NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online
NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online
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34<br />
professional driving permits, shall be as prescribed.<br />
(3) (a) Any document issued by a competent authority in any prescribed territory<br />
and serving in that territory a purpose similar to that of a professional driving permit<br />
shall, subject to the conditions thereof and to such conditions as may be prescribed, be<br />
deemed to be a professional driving permit for the purposes of subsection (1).<br />
(b) A public driving permit issued in terms of the Road Traffic Act, 1989 (Act 29<br />
of 1989), or a road traffic law contemplated in paragraph 2 of Schedule 6 to the<br />
Constitution of the Republic of South Africa, <strong>1996</strong> (Act 108 of <strong>1996</strong>), shall, in<br />
accordance with the conditions thereof but subject to this Act, be deemed to be a<br />
professional driving permit for the purposes of this section for the period of validity of<br />
that public driving permit.<br />
[Para. (b) substituted by s. 5 (b) of Act 8 of 1998.]<br />
33 Production of licence and permit to court<br />
(1) If any person is charged with any offence in terms of this Act relating to the<br />
driving of a motor vehicle or a failure to stop after or report an accident, he or she shall<br />
produce every licence and permit of which he or she is the holder, or a duplicate thereof<br />
issued in terms of this Act if he or she is not in possession of the original, to the court at<br />
the time of the hearing of the charge.<br />
(2) For the purposes of this section and sections 34 to 36, inclusive -<br />
'licence' means a learner's or driving licence; and<br />
'permit' means a professional driving permit.<br />
(3) No person referred to in subsection (1) shall, without reasonable excuse,<br />
refuse or fail to produce in terms of that subsection the licence and permit or duplicate so<br />
referred to on request.<br />
34 Court may issue order for suspension or cancellation of licence or permit or<br />
disqualify person from obtaining licence or permit<br />
(1) Subject to section 35, a court convicting a person of an offence in terms of this<br />
Act, or of an offence at common law, relating to the driving of a motor vehicle may, in<br />
addition to imposing a sentence, issue an order, if the person convicted is-<br />
(a) the holder of a licence, or of a licence and permit, that such licence or<br />
licence and permit be suspended for such period as the court may deem fit<br />
or that such licence or licence and permit be cancelled, and any such<br />
licence shall be dealt with as provided in subsection (3);<br />
(b) the holder of a licence, or of a licence and permit, that such licence or<br />
licence and permit be cancelled, and that the person convicted be<br />
disqualified from obtaining a licence, or a licence and permit, for any class<br />
of motor vehicle for such period as the court may deem fit, and any such<br />
licence shall be dealt with as provid ed in subsection (3); or<br />
(c) not the holder of a licence, or of a licence and permit, declaring him or her<br />
to be disqualified from obtaining a licence, or a licence and permit, either<br />
indefinitely or for such period as the court may deem fit.<br />
(2) The making of an endorsement in terms of subsection (3) may be postponed<br />
by the court issuing the order until any appeal against the conviction or sentence or both<br />
has been disposed of.<br />
(3) Where a court has issued an order under subsection (1) (a) or (b) the registrar<br />
or clerk of the court shall, subject to subsection (2), in the case where the licence-