Johannesburg – It’s article that abounding motorists could analyze with. You’re pulled over at a roadblock, asked for your licence and all seems accomplished until you realise that, in the hustle bustle of your circadian life, your agenda asleep after you realising it.
In actuality alike those that did accomplish an accomplishment to renew in time are not immune, accustomed the contempo adjournment in agenda arising due to a bang at the aggregation that makes them.
But what now?
While the administrator will about absolutely duke out a fine, the absolute legislation surrounding asleep licence cards is a bit murky.
Thankfully, if you get into an blow afore your agenda is renewed, your allowance should still be valid, although it is consistently best to analysis your agreement and altitude to be certain. Justice Project SA arch Howard Dembovsky believes that any allowance aggregation that tries to claiming a affirmation on the base of an asleep agenda could acquisition themselves in agitation if taken to court, as technically your licence never expires, unless it is annulled or suspended.
The SA Allowance Association’s Zakes Sondiyazi said anniversary case would be advised on its own merits, but ideally, an asleep active licence was not acceptable acumen for an insurer to abandon a claim.
Jakkie Olivier, arch controlling of the Retail Motor Industry Organisation (RMI), said that the affair of whether it is an answerability to drive with an asleep drivers licence agenda was afresh aloft by one of its members.
The affair was appear on in Automobil annual by Roxanne Paans, a applicant advocate in the action administration at Barnard Incorporated in Centurion.
She refers to the National Alley Traffic Act (NRTA) 93 of 1996 which states that the aeon of ascendancy of a active licence shall be indefinite, unless such a licence has been abeyant or annulled in agreement of the Act.
“The abashing is created by the actuality that the NRTA does not assume to acutely differentiate amid a active licence and a active licence card,” she says.
The NRTA and The National Alley Traffic Act Regulations, are two important pieces of legislation, which adapt the rules of the anchorage in South Africa.
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Your licence doesn’t absolutely expire
“According to the Regulations, a active licence agenda shall expire bristles years from the date on which it was ordered from the agenda assembly facility. The Regulations accomplish no acknowledgment of the cessation of a active licence, but especially accompaniment that the ascendancy of a active licence shall be indefinite.
“The ambiguity accordingly created by the Adjustment is whether the cessation of a active licence agenda additionally leads to the cessation of a active licence,” she explains.
“What’s interesting, however, is that Adjustment 108 (5)(b) states that ‘The holder of a active licence agenda may administer for a new agenda in the address advised in adjustment 109 and the new agenda shall be authorised and issued in the address advised in adjustment 109(3)’.
“The chat ‘may’ suggests that the holder of a active licence has a best as to whether to renew the agenda or not. The regulations along do not especially accompaniment that it is an answerability if a holder of a active licence fails to renew the active licence card,” says Paans.
But adhere on a minute..
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The abutting adumbration that the active of a motor agent with an asleep active licence agenda constitutes an answerability in agreement of the NRTA is begin in area 12 which says: ‘12 No being shall drive a motor agent on a accessible alley – (a) except beneath the ascendancy and in accordance with the altitude of a licence issued to him or her in agreement of this Chapter or of any certificate accounted to be a licence for the purposes of this Chapter; and (b) unless he or she keeps such licence or certificate or any added assigned authorisation with him or her in the vehicle.’
“The NRTA and its Regulations does not especially accompaniment whether a active licence agenda is a ‘document accounted to be a licence’. It seems that there is no accurate adumbration that the cessation of a active licence agenda is alike to the cessation of a active licence and this catechism absolutely warrants added and all-embracing investigation,” says Paans.
What’s the adjudication then?
Paans suggests that it is appropriate that drivers are at all times in control of a active licence agenda which has not yet expired.
IOL & Drive360
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