Question:
I would like to know whether my daughter who holds a New Zealand Learner’s Licence can drive in South Africa under the South African Learner’s Licence rules?
Answer:
In terms of section 23 of NRTA, a provisional drivers license is valid as long as all of the other requirements are complied with. See section 23 and reg 110.
Sec 23. When licence not issued in terms of this Act deemed to be driving licence
(1) Subject to subsection (2) and the prescribed conditions—
(a) a licence authorising the driving of a motor vehicle and which was issued in any other country; and
(b) an international driving permit which was issued while the holder thereof was not permanently or ordinarily resident in the Republic,
shall, in respect of the class of motor vehicle to which that licence or permit relates and subject to the conditions thereof, be deemed to be a licence for the purposes of this Chapter: Provided that if that licence is a provisional licence or an international driving permit, it shall not authorise the driving of a motor vehicle carrying passengers and in respect of which a professional driving permit is required.
(2) (a) The period in respect of which a licence or an international driving permit referred to in subsection (1) shall be deemed to be a licence for the purposes of this Chapter, shall be as prescribed.
(b) The holder of a licence or an international driving permit referred to in subsection (1) may, subject to the prescribed conditions, apply for a driving licence to take the place of such licence or permit.
(3) An application under subsection (2) (b) shall be made in the prescribed manner to an appropriately graded driving licence testing centre.
(4) On receipt of an application under subsection (2) (b), the driving licence testing centre concerned shall, subject to the prescribed conditions, issue to the applicant a driving licence in the prescribed manner.
Conditions for acknowledgement and exchange of driving licence not issued in terms of Act, and international driving permit
Reg 110. (1) Subject to subregulation (1A) and (3), a driving licence referred to in section 23 (1) (a) of the Act, issued while the holder of it was not permanently or ordinarily resident in the Republic, shall, for the period for, and subject to the conditions under which it was issued, be deemed to be a valid licence for the purposes of Chapter IV of the Act, if—
(a) (i) the licence has been issued in an official language of the Republic; or
(ii) a certificate of authenticity or validity relating to the licence issued in an official language of the Republic by a competent authority, or a translation of that licence in such official language, is attached to it; and
(b) such licence contains or has attached to it, a photograph and the signature of the licence holder.
(1A) For the purpose of subregulation (1) the phrase “not permanently or ordinarily resident in the Republic” means being outside the borders of South Africa for an uninterrupted period of more than three months.
(2) Subject to subregulation (3), an international driving permit referred to in section 23 (1) (b) of the Act shall be deemed to be a valid licence for the purposes of Chapter IV of the Act for the period for, and, subject to the conditions under which it was issued.
(3) When the holder of a licence referred to in section 23 (1) (a) of the Act or the holder of an international driving permit referred to in section 23 (1) (b) of the Act—
(a) returns to the Republic to resume permanent residence, such licence or permit shall no longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, if it becomes invalid in the country or territory of issue; or
(b) obtains permission in terms of any law for permanent residence in the Republic, such licence or permit shall no longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, if it becomes invalid in the country or territory of issue.
Provided that the period of validity of such driving licence shall not exceed a period of five years from the date when such person is granted permanent residence status in the Republic.
(4) Notwithstanding this regulation, a driving licence shall be deemed to be a valid licence for the purposes of Chapter IV of the Act, if such licence was issued in a territory previously known as—
(a) The Republic of Bophuthatswana;
(b) The Republic of Ciskei;
(c) Gazankulu;
(d) KaNgwane;
(e) KwaNdebele;
(f) KwaZulu;
(g) Lebowa;
(h) QwaQwa;
(i) The Republic of Transkei; or
(j) The Republic of Venda.
(5) A licence referred to in section 23(1)(a) or an international driving permit referred to in section 23(1)(b) of the Act may, at any time during the validity thereof, and after the holder thereof has obtained permanent residency in the Republic, be exchanged for a driving licence in terms of subregulations (6) and (7): Provided that the requirement for permanent residency shall not apply to holders of diplomatic permits and treaty permits,
(6) (a) An application referred to in section 23 (3) of the Act shall, subject to subregulations (7) and (8), be made in the manner contemplated in regulation 111, and an application for the exchange of an international driving permit shall, in addition to the requirements of regulation 111 (1), be accompanied by the driving licence on the authority of which the permit was issued.
(b) In the case of an application referred to in paragraph (a) for the exchange of a driving licence referred to in subregulation (4), which driving licence is no longer in the possession of the applicant, such application shall be made in the manner contemplated in regulation 112 (2) and the driving licence shall be authorised and issued in the manner contemplated in regulation 112 (3).
(7) (a) Subject to paragraph (b), the driving licence testing centre concerned shall upon receipt of an application referred to in subregulation (6) (a), authorise the issue and issue a driving licence for the class or classes of motor vehicles to which the existing licence relates.
(b) The driving licence testing centre concerned shall authorise the issue and issue the licence referred to in paragraph (a) in the manner referred to in regulation 108 if—
(i) it is satisfied that the applicant is the holder of the licence or permit, as the case may be, referred to in subregulation (1) and (2);
(ii) it is satisfied that the licence or permit is still valid in the country or territory of issue; and
(iii) in the case of an application for the exchange of a driving licence referred to in subregulation (4), if the MEC concerned confirms in writing that the applicant is the holder of a valid licence.
(8) If there is a dispute as to the class of motor vehicle in respect of which a driving licence has been issued in terms of subregulation (7) (a), the MEC concerned shall determine the class of the motor vehicle.
Regards
Alta
Alta Swanepoel & Associates