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SOUTH AFRICAN LAW
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SAIDI members comply
with South African
laws and we offer these
laws to our members -
this is to make our
students even safer on
the roads. |
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SA LAW - Regulation 114 A, B,C and D
Application for registration as
instructor
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(1) Any person
desiring to be registered as an
instructor shall apply at a driving
licence testing centre to the chief
executive officer on form RI as
shown in Schedule
2, in respect of one or more of the
classes of motor vehicles for which
a learner's or
driving licence
can be obtained as contemplated in
regulation 99(1), and such
application shall be accompanied by
the appropriate fee as determined by
the
MEC of
the province concerned.
(2) Upon receipt
of an application in terms of
subregulation (1) —
(a)
the driving
licence testing centre shall submit
such application to the officer
in charge of the South African
Police Service Station deemed by
such centre to be the most
convenient, for a report as to
whether any conviction has been
recorded against the applicant as
well as in respect of any other
matter which, in the opinion of such
officer or centre, is relevant to
the application, and that
officer is
authorised to report accordingly;
and
(b)
the driving
licence testing centre shall require
the applicant to be medically
examined at the applicant's cost by
a medical practitioner or
occupational health practitioner in
order to obtain a report on form MC
as shown in Schedule 2 on the
physical and mental fitness of such
applicant to act as an
instructor.
(3) A member of the South African
Police Service may take the finger
and palm
prints of the applicant to enable
him or her to report in terms of
subregulation (2).
(4) Before an application in terms of subregulation (1)
is forwarded to the chief
executive
officer, the driving licence testing
centre concerned shall attach the
reports referred to in subregulation
(2) and shall at the same time draw
the attention of the chief executive
officer to any relevant information.
[Date of commencement of reg 114A to
be proclaimed.]
114B
Examination and test to determine
competence to act as instructor
(1) If the chief executive officer,
having regard to the documents
referred to in
regulation 114A(4) and any relevant
facts known to him or her or
ascertained by him or her, is
satisfied that the applicant cannot
be considered fit to act as an
instructor, he or she shall refuse
the application.
(2) Where the chief executive
officer does not refuse the
application, he or she shall require
the applicant to be examined and
tested at the driving licence
testing
centre concerned in order to obtain
a report on the form determined by
the chief executive officer, on the
competence of the applicant to act
as an instructor.
(3) The examination and test mentioned
in subregulation (2) shall be in
accordance with the 'Manual for
driver trainer instructors' of the
Corporation published by the chief
executive officer in the
Gazette.
(4) The chief executive officer
shall consider the application with
due regard to
the reports
referred to in regulation 114A(2)
and subregulation (2) and any
relevant facts known to him or her
or ascertained by him or her, and if
he or she is satisfied that the
applicant complies with all the
requirements, he or she shall,
subject to such conditions as he or
she may determine, grant the
application in respect of one or all
of the classes of motor vehicles to
which the application
relates.
[Date of commencement of reg 114B to
be proclaimed.]
114C
Registration of instructor
(1) Where the
chief executive officer grants an
application he or she shall forward—
(a)
a written authority in such form as
he or she may determine, to the
applicant
for the issue of a registration
certificate and in which any
condition subject to which the
application has been granted, is
specified; and
(b)
a copy of the
authority contemplated in paragraph
(a)
to the
driving licence
testing centre concerned.
(2) Upon receipt
of—
(a)
the authority contemplated in subregulation
(l)(a);
(b)
two photographs of the applicant
complying with the provisions of
regulation 103(1); and
(c)
the fee for a registration
certificate determined by the MEC of
the province
concerned,
the driving licence testing centre
shall issue to the applicant a
registration certificate on form CRI
as shown in Schedule 2 on which the
conditions contemplated in
subregulation
(l)(a)
have been
endorsed after the provisions of
subregulations (3) and (4) have been
complied with, and shall update the
register of instructors accordingly.
(3) The driving
licence testing centre shall affix
one lamination strip to the
registration certificate and another
to the application form contemplated
in regulation
114A(1), to cover the photograph,
personal particulars and class or
classes of motor vehicles in respect
of which the registration
certificate was granted.
(4) The
applicant shall sign the
registration certificate in the
presence of the person acting on
behalf of the driving licence
testing centre concerned.
[Date of commencement of reg 114C to be proclaimed.]
114D
Cancellation or suspension of
registration of instructors
(1) If the
chief executive officer intends to
suspend or cancel the registration
of
an instructor in terms of section 28C of the Act he
or she shall notify the instructor,
and the driving licence testing
centre that issued such instructor
with
his or her registration certificate,
accordingly.
(2) The
instructor may within 21 days of
receipt of the said notification
give
reasons in writing to the chief
executive officer why his or her
registration should
not be
suspended or cancelled, and send a
copy thereof to the driving licence
testing centre concerned.
(3) After due consideration of all
the relevant facts and
circumstances, the chief
executive
officer may suspend for such period
as he or she determines, or cancel
the registration of the instructor
and he or she shall notify the
instructor and
driving licence testing centre
concerned accordingly.
(4) The instructor whose
registration has been suspended or
cancelled shall deliver
his or her registration certificate
forthwith to the driving licence
testing centre.
(5) The driving
licence testing centre shall update
the register of instructors.
(6) After the
expiry of the period of suspension,
the driving licence testing centre
shall return to the person entitled
thereto, the registration
certificate delivered to it in terms
of subregulation (4).
[Date of commencement of reg 114D to
be proclaimed.]
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