Expired driver’s licences: know your rights!

Are you driving without a valid licence? If you’re one of those many thousands, read on!

We hear about this problem on a daily basis. Faulty equipment and poor administrative practices have given rise to hundreds of thousands of truck drivers and motorists driving with expired licence cards or Professional Driving Permits (PrDPs). 

Bearing this situation in mind, the Organisation Undoing Tax Abuse (OUTA) has compiled a number of recommendations to assist those South Africans who have been unable to renew their driver’s licence cards and, as a result, are facing fines for driving with an expired card.

An expired driver’s licence card is deemed to be valid for a further three months from the initial expiry date if the driver can prove that they have applied for a new card, and provided that the expired card and the proof (receipt) of application are kept in the vehicle at all times.

Renewing your driver’s licence card

• Keep a record of interactions with authorities and detailed records (date, time, and place) of all attempts to obtain a new driver’s licence card. Whenever possible, take photos, screenshots, or video recordings of your attempts. This includes your attempts to make a booking, as well as the renewal process. Always keep copies of these in the vehicle.

• If your licence card has expired or will expire before you receive your new licence card, purchase a temporary licence when you are at the testing station and keep your temporary licence with you when driving a vehicle.

Driving with an expired licence card

What to keep in your vehicle:

• Your expired driver’s licence card.

• Receipt for your driver’s licence application, and any proof of your attempts to make a booking.

• Your temporary driver’s licence.

What to do if you are stopped 

• Remain calm and cooperate with the officer.

• Provide your expired licence card to the officer, along with as many of the documents outlined above as possible.

• Answer any questions the officer asks. They may let you go or fine you.

Your rights when stopped

• You may ask for the officer’s details.

• An officer may NOT demand payment for this fine at the scene.

• Drivers with expired licence cards can be fined, but are not supposed to be arrested.

What to do with a fine

If the traffic fine for driving with an invalid (expired) driver’s licence was issued in Gauteng, the AARTO Act will apply. If the traffic fine was issued elsewhere in the country, the Criminal Procedure Act will apply.

You can elect to pay the traffic fine, or, if you believe you are not guilty of an offence, you can challenge the fine in court or make representations to the issuing authority. OUTA suggests that if you have not committed an offence, you should elect to be tried in court, where you can make representations to the prosecutor. At this time you can explain to the magistrate the efforts and extent you went to when attempting to renew your licence and thus why you are not guilty of this offence. The magistrate may be lenient, given the current state of driver’s licence renewals. Then, await your summons for the trial. Be sure to take all your supporting documents with you to plead your case to the prosecutor and/or the court.

Your court date should appear on the fine. At this point you can once again choose to pay the fine or challenge it in court. If you wish to continue to trial, you simply appear in court on the date and time provided. Here, you can explain why you are not guilty to a prosecutor and/or a magistrate, who again might be lenient given the current state of driver’s licences. Be sure to again take all your supporting documents with you to plead your case.

In the highly unlikely event of your arrest

• You have a right to legal representation and the right to remain silent. OUTA suggests you immediately contact an attorney.

• You must be informed of the reason for your arrest.

• You have a right to see the warrant of arrest.

• You have a right to apply for after-hours bail.

• The process at a police station can take a while, so be patient.

• If you are denied any of these rights, you can bring a civil action claim against the arresting officer.

Handy tips

• Drive carefully and obey all traffic laws.

• Regularly check for warrants of arrest or  enforcement orders by contacting Natis on 0861 400 800 or AARTO at https://online.aarto.gov.za/

• A warrant of arrest or enforcement order should always be addressed as soon as possible to avoid legal trouble. Call Fines4U on (011) 867 7331, or similar businesses, to assist you.

• Keeping an accurate record of your dealings with the authorities is essential, as you may have to testify to this in the future.

• Do not stop applying to renew your driver’s licence. 

Fingerprint issues?

A reader emailed us this question: “I’ve had my fingerprints taken four times so far, how many more times must this happen before my renewal will be granted?”

According to Kevin van der Merwe, executive manager: certification & operations at the Road Freight Association, Regulation 108(2)(b) of the National Road Traffic Regulations provides that if the card production facility does not accept the images (including fingerprints) on the disk or Image Scanning Sheet (ISS), the applicant shall again report to the driving licence testing centre to repeat the fingerprinting. 

“It is advisable that the applicant be careful not to smudge the fingerprints by rolling the finger back and forth during the fingerprinting process. Avoid over-inking fingers or the fine lines of the fingerprints will be unclear or illegible. Once inked, the finger should be applied to the ISS, straight down, then lifted straight up. There is no limit in the regulation on the number of times this process may be repeated,” he says.