WHILE South Africans motorists habitually renew their driving licence every five years, the National Road Traffic Act (NRTA) of 1996 states that a driving licence is valid for an indefinite period unless it is suspended or cancelled in terms of the Act. CEO of the Retail Motor Industry Organisation (RMI), Jakkie Olivier said an RMI member recently debated if it is an offence to drive with an expired drivers licence card.
“The confusion is created by the fact that the NRTA does not seem to clearly differentiate between a driving licence and a driving licence card,” said Roxanne Paans, a candidate attorney in the litigation department at Barnard Incorporated.
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The NRTA and The National Road Traffic Act Regulations are two important pieces of legislation, which regulate the rules of the roads in South Africa.
“What’s interesting is that regulation 108 (5)(b) states that ‘the holder of a driving licence card may apply for a new card in the manner contemplated in regulation 109 and the new card shall be authorised and issued in the manner contemplated in regulation 109(3)’. The word ‘may’ suggests that the holder of a driving licence has a choice as to whether to renew the card or not. The regulations furthermore do not expressly state that it is an offence if a holder of a driving licence fails to renew the driving licence card,” said Paans.
According to Paans, the closest indication that driving with an expired licence card is an offence in terms of the NRTA is found in section 12 which states that no person shall drive a motor vehicle on a public road except in accordance with the conditions of a licence issued to him or her and unless he or she keeps such licence or document or any other prescribed authorisation with him or her in the vehicle.
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While a driver may technically get away with an expired licence, Paans said it is advisable that drivers are always in possession of a driving licence card which has not yet expired to avoid being fined.
Olivier said renewing one’s licence should be prioritised as highly as servicing one’s car.
“While it may seem like a hassle renewing your driver’s licence card every five years if you make it a to-do item before the expiration date it can be done relatively easily. Along with servicing your vehicle at regular intervals, make it a priority to renew your driver’s licence card,” he said.
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