S.L. 65.33 Art. 45Suspension or revocation of permit.    Cap. 65.

(1) The Authority may, at any time, require a driver to submit evidence that he continues to fulfil the requirements of regulation 39(1) and the driver shall produce any information and documents requested by the Authority within the time frame stipulated by the Authority which shall in no case be less than three (3) working days.

(2) A driver’s permit may be suspended or revoked on the following grounds:

(a) where the holder has supplied incorrect information to the Authority; or

(b) where the holder has breached any of the conditions of the driver’s permit; or

(c) where the holder has committed serious infringements of these regulations.

(3) A driver’s permit shall be revoked where the holder no longer satisfies the conditions laid down in regulation 39(1):

Provided that where the person is not considered of good repute and conduct solely because he has been sentenced to a term of imprisonment of more than one (1) month but less than one (1) year for committing a crime or crimes other than one which is connected with violence committed on a person, the driver’s permit shall not be revoked but shall be suspended for the period indicated in regulation 9(1)(b).

(4) A suspension or revocation in terms of this regulation shall be effected by the Authority on its own motion or by order of a court of criminal jurisdiction:

Provided that where the Authority intends to suspend or revoke a driver’s permit of its own motion, it shall give the driver concerned notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the driver concerned may, within ten (10) days from service thereof, make representations in writing to the Authority giving reasons why the driver’s permit should not be suspended or revoked and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the driver concerned. The driver concerned shall have the right to appeal to the Tribunal against the decision of the Authority to suspend or revoke the driver’s permit within twenty (20) days from notification of the Authority’s decision:

Provided further that the suspension of the licence shall have immediate effect notwithstanding any appeal therefrom, unless otherwise ordered by the Tribunal or by a court of criminal jurisdiction:

Provided further that when a driver’s permit is suspended for any reason other than because he no longer satisfies the requisite of good conduct and repute as established in these regulations, the person in question shall have the right to apply for the suspension to be removed following the lapse of fifteen (15) days from the date when the reason for the suspension has ceased to exist:

Provided further that, a decision of the Authority to VEHICLE HIRE SERVICES

revoke a driver’s permit shall not become operative until the expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned but until such time the driver permit shall remain suspended.

(5) Any driver whose driver’s permit has been withdrawn in terms of these regulations and, or any other regulations issued in terms of the Traffic Regulation Ordinance and the Act may not apply for a new driver’s permit before the lapse of a period of two (2) years from such withdrawal, and the Authority shall not consider any application made in contravention of this regulation:

Provided that the provisions of this regulation shall not apply in cases where the driver’s permit has been withdrawn due to the fact that the applicant was not considered to be of good repute and conduct in terms of these regulations or other regulations made under the Act.