DLC: 15 Points Exceeded - Roobesh Ramanjooloo : “The License Suspended at Least Six Months”
30 Mars 2013 - The Défi Media Group
The demerit points come into force on 1 April 2013. Thus, with this new regulation, a driver must have with him his driving license and his " Driving Licence Counterpart”. Recently, two people were arrested for fake driving license. What could they? Explanations with Mr Roobesh Ramanjooloo.
> What is the procedure for obtaining a driver's license and a DLC?
It is necessary, first of all, know that with the amendments to the Road Traffic Act, the DLC is now inseparable from the license. Thus, for all those who already hold a license, DLC can be obtained in various police stations across the country on presentation of the permit in question, an identity card and proof of address.
Brand new aspiring driver may obtain a license (and DLC), following a request from the 'Licensing Officer', having previously passed a proficiency test (driving test) and said he had the required age (18 years or more) and yet it does not suffer from any illness or physical disability that would disqualify obtain the license.
> With the regulations attached to the DLC that risk if a person is found with a fake driver's license?
Section 161 of the Road Traffic Act provides that any person who falsifies a 'listed document' or who is in possession of a 'listed document' with the intention to deceive others is an offense. The term 'listed document' includes license and according to the new amendments to the Road Traffic Act, this term includes by extension the DLC. Thus, someone who would be in possession of a fake license or a fake DLC committing an offense under the Road Traffic Act. The law does not distinguish between the possession of a license or falsified falsifying itself permit. The two situations are considered crimes. A person in such circumstances be liable to a fine not exceeding Rs 10,000 and imprisonment not exceeding one year.
> For some offenses listed under the Road Traffic Act, a person may have their license suspended. What does that mean?
This implies firstly that the person can not lead to the extent there is a ban hanging over it (disqualification from holding a driving license or Obtaining). And the person will be prohibited from holding and obtaining a driving license during the period of prohibition. You should know that the blackout period depends on the offense.
For example, the offense of 'careless and inconsiderate driving' may be accompanied by a blackout period at least 6 months, while the offense of driving under the influence of alcohol may have a minimum ban 12 months. With the imminent entry into force of penalty points, a person who exceeds the 15 points assessed a ban of 6 months minimum. If a person on whom weighs a driving ban still takes the wheel or filed an application for a new license, it will commit an offense under the Road Traffic Act and shall be liable to imprisonment not exceeding two years or a fine not exceeding Rs 2,000 or both.
> The person may make a request in order to lift the ban? If yes, how long after his conviction?
Yes. The person can either wait for the end of the blackout period and apply to get his license, or to make a request to lift the ban on the expiry of a period of six months after his conviction. This last option can be used especially when the license is suspended for a long period. The request must be made to the Court that imposed the sentence. This will take into account factors such as the character of the person or his conduct following his conviction to determine whether it is appropriate to lift the suspension. If this request is refused, it will then wait three months before making a new request.
> In the case of an accident, if the person is found guilty of manslaughter by negligence, the Court may also impose cancellation. What does that mean?
The Court will require the cancellation of the license depending on the severity of the circumstances of the case. It may as well take the decision to ban (disqualify) the driver and thus suspend the license for a minimum period of 9 months. A person found guilty of manslaughter by negligence will also suffer a penalty under section 239 of the Penal Code is imprisonment and a fine not exceeding Rs 150,000.
> How long will this person she claim another license?
The person can not "claim" another license. Generally, manslaughter caused by careless driving carries a cancellation of the permit and a prohibition to hold and obtain a license for a period determined by the Court. The person can then apply for a new license and retake the proficiency test (driving test) mentioned after the expiry of the blackout period.