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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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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-

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