Question:

“Good day, I just wanna find out if there is law regarding driving without a license in your possession. A friend of mine was bumped by a car that did not have breaks. She did not know anything about accident reports. Upon trying to assist I discovered that her license wasn’t in her purse. The guy who bumped her couldn’t give his license details until she gives hers (this wasn’t at the scene of accident).

I mentioned to him that she misplaced her license so he can only get it the next day if she finds it wherever she thought it was. This guy is now saying he has a case because she didn’t have a license on scene but was not requested. He refuses to pay for the damages because of that. We opened the case with a license within 24 hours What does the law say? Does he have a case as he claims? If he does, what could be the resolution or penalty to this? Mind you: NO OFFICER REQUESTED THIS ON THE ACCIDENT SCENE Thanks”

Answer:

In terms of section 12(b) of the National Road Traffic Act, 1996 a person must always carry his or her licence with him or her while driving.

It is an offence not to have a licence present. However insurance companies normally only require you to have a licence. They are in general not concerned if you had it on your person.

The fact that her licence was not on her should not affect her claim for damages. The Police may charge her for not having it on her but they seldom do that.

Regards

Alta

Alta Swanepoel and Associates

 

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