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Sunday / 10 November 2024
HomeFeaturesHow long you can drive with an expired licence in South Africa before getting fined

How long you can drive with an expired licence in South Africa before getting fined

You can drive with an expired licence card for up to three months before being eligible to be fined provided you can show proof that you applied for a new card before your current one expired, according to an information sheet published by the Organisation Undoing Tax Abuse (Outa).

However, if the card had already expired at the time of application for a replacement, you must also apply for a temporary driver’s licence at the same time and keep proof thereof in the vehicle.

As per Outa, driving with an expired card can see you slapped with a fine as the law stipulates that drivers must have a valid licence card on them at all times which serves as proof that they do, in fact, have a driver’s licence.

Depending on where you live, you may be prosecuted through the Administrative Adjudication of Road Traffic Offences (Aarto) Act or the Criminal Procedures Act (CPA).

Aarto applies in the municipalities of Tshwane and Johannesburg while the CPA counts everywhere else in the country.

Under Aarto, operating a vehicle on a public road with an expired driving licence card can net you a fine of R2,000 and impose three demerit points on your licence.

Under the CPA there is no pre-determined amount for driving with an invalid licence. The value of the penalty is instead determined by the courts.

If you believe you were penalised unfairly, you are allowed to challenge the fine in a court of law regardless of whether it is an Aarto or a CPA-based fine.

In the unlikely event of your arrest – which generally only happens in rare cases with repeat offenders – you have a right to legal representation and the right to remain silent, said Outa.

You must be informed of the reason for your arrest as well as be presented with a warrant for your arrest.

Outa advises to immediately seek legal advice from an attorney if you are detained and emphasises that you are within your rights to apply for after-hours bail.

“The process at a police station can take a while, so be patient,” said the civil rights organisation.

If you are denied any of the above, you can bring a civil action claim against the arresting officer.

Why a driver’s licence card expires

A driver’s licence does not expire in South Africa as long as the holder remains fit to operate a car. It’s only the card that expires every five years.

Section 12 of the National Road Traffic Act 93 of 1996 (NRTA) states that no person shall drive a motor vehicle on a public road except under the authority, and in accordance with, the conditions of a licence issued to them in terms of the NRTA or of any document deemed to be a licence.

The driver must also keep such licence or document, or any other prescribed authorisation, with them in the vehicle at all times.

This section of the NRTA must be read together with Regulations 101(2)(a) of the National Road Traffic Regulations (NRTR), said Outa, which stipulates that the period of validity of a driving licence issued or deemed to be issued in terms of the NRTA shall be indefinite, unless such licence has been suspended or cancelled in terms of the Act.

Therefore, as a matter of law, a person’s driver’s licence cannot expire or become invalid unless a court suspends or revokes it, like in cases of convicted drunk drivers, said Outa.

Meanwhile, Regulation 108(5)(a) of the NRTR says that subject to Regulation 101(2)(a), a driving licence card shall expire five years from the date on which it was ordered from the card production facility.

In other words, the limitation imposed by Regulation 108(5)(a) – which is to renew a driving licence card every five years – is not on the licence itself, but pertains to how proof of the fact that you have a valid licence must be carried and presented.

The crucial difference between a driver’s licence and a driver’s licence card thus lies in the distinction that the card is merely proof of a valid driver’s licence that must be carried by the holder on public roads, but it does not affect the validity thereof.

“This is analogous to an expired passport that does not affect the status of a person’s citizenship, but a valid passport is required for international travel as a South African citizen in order to serve as proof of such citizenship in foreign countries,” said Outa.

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