Question:
I wanted to find out the legal process that one would follow if we were to see an impaired driver in a psychiatric practice?
For eg, the psychiatrist is assessing a patient for whatever reason and feels that the patient is not safe to drive a vehicle. What would the next step be? Do they report this to some authority? Does the traffic department need to be made aware?
Answer:
Sec 15. Disqualification from obtaining or holding learner’s or driving licence
(1) A person shall be disqualified from obtaining or holding a learner’s or driving licence—
(a) if he or she—
(i) in the case of any licence for a motor cycle, motor tricycle or motor quadrucycle having an engine with a cylinder capacity not exceeding 125 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (b) of the definition of “motor vehicle”, is under the age of 16 years;
(ii) in the case of a learner’s licence for a light motor vehicle, being a motor vehicle not of a class referred to in subparagraph (i) and the tare of which does not exceed 3 500 kilograms or, where such motor vehicle is—
(aa) a bus or goods vehicle, the gross vehicle mass of which does not exceed 3 500 kilograms;
(bb) an articulated motor vehicle, the gross combination mass of which does not exceed 3 500 kilograms,
is under the age of 17 years; or
(iii) in the case of any other licence, is under the age of 18 years;
(b) during any period in respect of which he or she has been declared by a competent court or authority to be disqualified from obtaining or holding a licence to drive a motor vehicle, while such disqualification remains in force;
(c) where a licence to drive a motor vehicle held by him or her has been suspended by a competent court or authority, while such suspension remains in force;
(d) where a licence to drive a motor vehicle held by him or her has been cancelled by a competent court or authority, for such period as he or she may not apply for a licence;
(e) if such licence relates to a class of motor vehicle which he or she may already drive under a licence held by him or her;
(f) if he or she is suffering from one of the following diseases or disabilities:
(i) Uncontrolled epilepsy;
(ii) sudden attacks of disabling giddiness or fainting due to hypertension or any other cause;
(iii) any form of mental illness to such an extent that it is necessary that he or she be detained, supervised, controlled and treated as a patient in terms of the Mental Health Act, 1973 (Act No. 18 of 1973);
(iv) any condition causing muscular incoordination;
(v) uncontrolled diabetes mellitus;
(vi) defective vision ascertained in accordance with a prescribed standard;
(vii) any other disease or physical defect which is likely to render him or her incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public: Provided that deafness shall not of itself be deemed to be such a defect;
(g) if he or she is addicted to the use of any drug having a narcotic effect or the excessive use of intoxicating liquor; or
(h) in such other circumstance as may be prescribed, either generally or in respect of a particular class of learner’s or driving licence.
(2) The chief executive officer concerned may, if he or she deems it expedient and on such conditions as he or she may deem fit, declare that any person shall no longer be subject to any disqualification, suspension or cancellation by a competent authority referred to in subsection (1) (b), (c) or (d), respectively: Provided that in the case of any cancellation such declaration shall be subject to section 25 (9).
Sec 16. Failure to disclose disqualification in respect of licence authorising driving of motor vehicle prohibited
(1) No person shall, when applying for a learner’s or driving licence, wilfully fail to disclose any disqualification to which he or she is subject in terms of section 15.
(2) Any person who—
(a) is the holder of a licence authorising the driving of a motor vehicle in terms of this Chapter; and
(b) becomes aware thereof that he or she is disqualified from holding such licence,
shall, within a period of 21 days after having so become aware of the disqualification, submit the licence or, in the case where it is contained in an identity document, that document to the chief executive officer of the province concerned.
(3) When a licence is submitted in terms of subsection (2) the chief executive officer shall cancel it and if the licence was issued in a prescribed territory he or she shall notify the authority which issued it of the cancellation: Provided that if the chief executive officer is satisfied that the holder thereof is competent to drive the class of motor vehicle concerned with the aid of glasses, an artificial limb or any other physical aid, the chief executive officer shall, in the case where the licence—
(a) is contained in an identity document—
(i) not cancel the licence, but endorse the licence accor-dingly and such endorsement shall be a condition subject to which the licence is held;
(ii) return the identity document to the holder thereof; or
(b) is not contained in an identity document, issue or authorise the issue of a new licence in the prescribed manner reflecting the conditions on which it is issued.
Sec 25. Suspension or cancellation by chief executive officer of licence authorising driving of motor vehicle
(1) If the holder—
(a) of a learner’s or driving licence issued in terms of this Chapter, a repealed ordinance or any prior law, is disqualified in terms of section 15 from holding it, the chief executive officer shall cancel such licence; or
(b) of a licence referred to in paragraph (a) would constitute a source of danger to the public by driving a motor vehicle on a public road, the chief executive officer may cancel or suspend such licence.
(2) For the purposes of subsection (1) the chief executive officer may request the holder of the licence concerned to submit himself or herself within such period as the chief executive officer may determine—
(a) to an examination and a test by one or more examiners for driving licences nominated by the chief executive officer, to determine his or her competency to drive a motor vehicle of the class to which his or her licence relates, and for the purpose of such examination and test the holder of the licence concerned shall provide a motor vehicle of the class concerned: Provided that the holder of the licence concerned may request that he or she be submitted to an examination and a test to determine his or her competency to drive a motor vehicle—
(i) of any other class of which the driving is authorised by his or her licence; or
(ii) of a specific prescribed class,
and for the purpose of such examination and test he or she shall provide a motor vehicle of the class concerned;
(b) to an examination, at the cost of the Administration of the province concerned, by a medical practitioner nominated by the chief executive officer, to determine his or her physical and mental fitness to drive a motor vehicle; or
(c) to an examination and a test contemplated in paragraph (a) and an examination contemplated in paragraph (b).
(3) If the holder of the licence concerned is, after the examination and test in terms of subsection (2) (a), found to be competent to drive a motor vehicle of the class provided by him or her and is not disqualified in terms of section 15, the chief executive officer may direct—
(a) that every licence authorising the driving of a motor vehicle and of which he or she is the holder shall be cancelled; and
(b) that a driving licence in respect of a motor vehicle of the class provided by him or her shall be issued to him or her by an examiner for driving licences of the authority authorised thereto by the chief executive officer, and for that purpose the provisions of section 18 (4) shall apply with the necessary changes.
(4) If any person, after having been examined and tested in terms of subsection (2) (a), is found not to be competent to drive a motor vehicle of the class provided by him or her, the chief executive officer shall forthwith cancel the licence concerned.
(5) If any person fails to comply with a request in terms of subsection (2), the chief executive officer may forthwith suspend or cancel, as the case may be, the licence concerned unless such person is able to satisfy the chief executive officer within a period determined by the chief executive officer that such failure was due to a reason beyond his or her control and that such licence should not be so suspended or cancelled.
(6) The suspension or cancellation of a licence in terms of this section shall apply to any other learner’s or driving licence held by the holder of such suspended or cancelled licence and recognised in terms of this Chapter as a valid licence, as the chief executive officer may determine.
(7) (a) When a licence is cancelled or suspended in terms of subsection (1) or is cancelled in terms of subsection (3) (a) or (4), the holder thereof shall forthwith submit the licence or, in the case where it is contained in an identity document, that document to the chief executive officer or an inspector of licences authorised by him or her.
(b) If the licence is not contained in an identity document—
- but particulars thereof are contained in the register for driving licences, the chief executive officer or the inspector of licences, as the case may be, shall record particulars of the cancellation or suspension in that register;
- and particulars thereof are not contained in the register for driving licences, the chief executive officer or the inspector of licences, as the case may be, shall notify the authority which issued the licence of the cancellation or suspension,
and where the licence has been suspended the chief executive officer or the inspector of licences, as the case may be, shall retain the licence until the period of suspension expires, whereafter it shall be returned to the holder thereof.
(c) If the licence is contained in an identity document, the chief executive officer or inspector of licences, as the case may be, shall effect an appropriate endorsement on the licence, record the particulars of the cancellation or suspension in the register for driving licences and return the identity document to the holder thereof.
(8) The chief executive officer may, where he or she deems it expedient and on such conditions as he or she may deem fit—
(a) in the prescribed manner reinstate a licence suspended in terms of this section;
(b) authorise a person whose licence has been cancelled in terms of this section to apply for a learner’s and a driving licence.
(9) A person whose learner’s or driving licence has been cancelled in terms of this Act, a repealed ordinance or any prior law or by any competent court or authority, shall be deemed to be unlicensed, and any person whose learner’s or driving licence has so been suspended shall, during the period of the suspension, be deemed to be unlicensed.
(10) Where any circumstance arises in relation to the holder of a licence authorising the driving of a motor vehicle and which is issued in a prescribed territory or a foreign state, which would have disqualified such person as contemplated in section 15 from obtaining a driving licence, or if such holder would constitute a source of danger to the public by driving a motor vehicle on a public road, the chief executive officer may inform such person that such licence is of no force within the Republic, and as from the date on which such person is so informed the licence shall cease to be in force within the Republic.
Regards
Alta
Also view:
Mental Health and Driver Fitness