| (1) | Subject to subregulation (1A) and (3), a driving licence referred to in section 23(1)(a) of the Act, issued while the holder of it was not permanently or ordinarily resident in the Republic, shall, for the period for, and subject to the conditions under which it was issued, be deemed to be a valid licence for the purposes of Chapter IV of the Act, if— |
| (i) | the licence has been issued in an official language of the Republic; or |
| (ii) | a certificate of authenticity or validity relating to the licence issued in an official language of the Republic by a competent authority, or a translation of that licence in such official language, is attached to it; and |
| (b) | such licence contains or has attached to it, a photograph and the signature of the licence holder. |
[Regulation 110(1) substituted by regulation 4(a) of Notice No. R. 541 of 2011]
| (1A) | For the purpose of subregulation (1) the phrase "not permanently or ordinarily resident in the Republic" means being outside the borders of South Africa for an uninterrupted period of more than three months. |
[Regulation 110(1A) inserted by regulation 4(b) of Notice No. R. 541 of 2011]
| (2) | Subject to subregulation (3), an international driving permit referred to in section 23(1)(b) of the Act shall be deemed to be a valid licence for the purposes of Chapter IV of the Act for the period for, and, subject to the conditions under which it was issued. |
| (3) | When the holder of a licence referred to in section 23(1)(a) of, the Act or the holder of an international driving permit referred to in section 23(1)(b) of the Act— |
| (a) | returns to the Republic to resume permanent residence, such licence or permit shall no longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, if it becomes invalid in the country or territory of issue; or |
[Regulation 110(3)(a) substituted by regulation 4(c) of Notice No. R. 541 of 2011]
| (b) | obtains permission in terms of any law for permanent residence in the Republic, such licence or permit shall no longer be deemed to be a valid licence for the purposes of Chapter IV of the Act, if it becomes invalid in the country or territory of issue. |
[Regulation 110(3)(b) substituted by regulation 4(d) of Notice No. R. 541 of 2011]
Provided that the period of validity of such driving licence shall not exceed a period of five years from the date when such person is granted permanent residence status in the Republic
[Proviso to regulation 110(3)(b) inserted by regulation 4(e) of Notice No. R. 541 of 2011]
| (4) | Notwithstanding this regulation, a driving licence shall be deemed to be a valid licence for the purposes of Chapter IV of the Act, if such licence was issued in a territory previously known as— |
| (a) | The Republic of Bophuthatswana; |
| (b) | The Republic of Ciskei; |
| (i) | The Republic of Transkei; or |
| (j) | The Republic of Venda. |
| (5) | A licence referred to in section 23(1)(a) or an international driving permit referred to in section 23(1)(b) of the Act may, within a period of 5 years, and during the validity thereof, and after the holder thereof returns to the Republic to resume permanent residence or obtains permission in terms of any law for permanent residence in the Republic, be exchanged for a driving licence in terms of subregulation (6) and (7): Provided that the requirements for permanent residency shall not apply to holders of diplomatic permits and treaty permits. |
[Regulation 110(5) (incorrectly referred to as regulation 110) substituted by regulation 5 of Notice No. R. 890 of 2013]
(6)
| (a) | An application referred to in section 23(3) of the Act shall, subject to subregulations (7) and (8), be made in the manner contemplated in regulation 111, and an application for the exchange of an international driving permit shall, in addition to the requirements of regulation 111(1), be accompanied by the driving licence on the authority of which the permit was issued. |
| (b) | In the case of an application referred to in paragraph (a) for the exchange of a driving licence referred to in subregulation (4), which driving licence is no longer in the possession of the applicant, such application shall be made in the manner contemplated in regulation 112(2) and the driving licence shall be authorised and issued in the manner contemplated in regulation 112(3). |
[Regulation 110(6)(b) substituted by regulation 23 of Notice No. R. 404 of 2007]
(7)
| (a) | Subject to paragraph (b), the driving licence testing centre concerned shall upon receipt of an application referred to in subregulation (6)(a), authorise the issue and issue a driving licence for the class or classes of motor vehicles to which the existing licence relates. |
| (b) | The driving licence testing centre concerned shall authorise the issue and issue the licence referred to in paragraph (a) in the manner referred to in regulation 108 if— |
| (i) | it is satisfied that the applicant is the holder of the licence or permit, as the case may be, referred to in subregulation (1) and (2); |
| (ii) | it is satisfied that the licence or permit is still valid in the country or territory of issue; and |
| (iii) | in the case of an application for the exchange of a driving licence referred to in subregulation (4), if the MEC concerned confirms in writing that the applicant is the holder of a valid licence. |
[Regulation 110(7)(b) substituted by regulation 30 of Notice No. 2116 of 2001]
| (8) | If there is a dispute as to the class of motor vehicle in respect of which a driving licence has been issued in terms of subregulation (7)(a), the MEC concerned shall determine the class of the motor vehicle. |
