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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

(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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