Question:
A security guard at my complex has asked me to assist him. He applied for a PrDP and this application was apparently refused due to the fact that he has an historic domestic violence related criminal record.
I’d like to know if there is a certain amount of time that has to lapse after the criminal record, or if the criminal record has to be removed (and, if so, how), before such a person can successfully apply for a PrDP.
Please let me know if you can assist.
Answer:
Yes 5 years. Regulation 117 applies. If he applies for a Goods PRDP he can get one – it is just for passenger and dangerous goods PRDPs that violence is a disqualification.
Disqualification from obtaining professional driving permit
Reg 117. Disqualification from obtaining professional driving permit
A professional driving permit shall not be issued by a driving licence testing centre—
(a) unless the applicant is in possession of a valid driving licence for a motor vehicle in respect of which the permit is applied for;
(aA) unless, in the case of an application for a category “P” and “D” professional driving permit, the applicant is of the age of 21 years and 25 years, respectively, or over;
(b) unless a registered medical practitioner or occupational health practitioner has examined the applicant to determine whether or not he or she is disqualified from driving a motor vehicle as contemplated in section 15 (1) ( f ) of the Act, and has certified the applicant to be medically fit on form MC as shown in Schedule 2 not more than 2 months prior to the date of the application;
(c) if the applicant has, within a period of five years prior to the date of application, been convicted of or has paid an admission of guilt on –
(i) driving a motor vehicle while under the influence of intoxicating liquor or a drug having a narcotic effect;
(ii) driving a motor vehicle while the concentration of alcohol in his or her blood or breath exceeded a statutory limitation;
(iii) reckless driving; or
(iv) in the case of an application for a category “P” and “D” permit, an offence of which violence was an element;
(d) during any period for which a professional driving permit or driving licence held by the applicant has been suspended or if such permit or licence has been cancelled; or
(e) unless, from a date to be determined by the Minister by notice in the Gazette, the applicant for a category “D” permit holds a certificate obtained from an approved training body as contemplated in regulation 280, not more than 6 months prior to the date of application.
Regards
Alta Swanepoel
Alta Swanepoel & Associates