Question:
Hi, I have a question about drinking and driving. I have been unable to find anywhere else where I could ask. My friends are planning on drinking a lot tonight for my brothers birthday, the only person who offered to drive (me) only has their learners license, this will then mean that I will be sober but the people with the drivers licenses will all be drunk, is this legal?
Any help on this question will be greatly appreciated, thank you.
Answer:
National Road Traffic Act
Regulation 99. Categories of learner’s and driving licences, classes of motor vehicles relating to each category of such licences and the authority conveyed by such licences
(2) (a) The holder of a learner’s licence shall, except where such licence relates to a motor vehicle having no seating accommodation for a passenger or to a motor cycle, when driving the vehicle concerned, be accompanied in or on that vehicle by, and be under the direct personal supervision of a person seated next to him or her, or immediately behind him or her, where such person cannot be seated next to him or her, and who is in possession of a licence, other than a learner’s or similar licence, authorising him or her to drive that class of motor vehicle.
My comments:
A drunk person cannot personally and effectively supervise a learner driver, and a driving licence does not authorise one to drive while under the influence of alcohol. Therefore, a drunk licenced driver would not be qualified to assume this role.
A sober driver with a valid driving licence should drive the vehicle, or should accompany the sober learner driver.
—
Gavin Hoole
Cape Town
The New K53 Manual
For Learner’s & Driver’s Licence Test Preparation
Also view:
“The consequences of drunk driving and unlicensed driving explained”
- Insured vehicle owners need a reality check about drunk driving
- Do not mix energy drinks and alcohol before driving
- Drunk driving could sharply increase your car insurance premium!
- Will my car insurance pay if I drive drunk?