Question:
Please can you assist me; I am looking for South African road safety legislation that stipulate what medical conditions will prevent you from driving. I have a 20year old daughter with glioblastoma multiforme type 4, and we are struggling to find our what SA traffic law stipulates.
Answer:
I copy the provision for you. Sec 15 – see par (1)(f) is rather widely written and covers many types of illnesses. I am unfortunately not familiar with the specific illness you are referring to.
Any brain related illness that causes epilepsy, seizures, etc. as well as muscular dysfunction are disqualifying types of illnesses.
The eye requirements are in regulation 102.
If it is an eye related illness that can be corrected with glasses an endorsement to the effect will be made on her licence.
Sec 15. Disqualification from obtaining or holding learner’s or driving licence
(1) A person shall be disqualified from obtaining or holding a learner’s
or driving licence—
(a) if he or she—
(i) in the case of any licence for a motor cycle, motor tricycle or
motor quadrucycle having an engine with a cylinder capacity not exceeding
125 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (b) of the definition of “motor vehicle”, is under the age of 16 years;
(ii) in the case of a learner’s licence for a light motor vehicle, being
a motor vehicle not of a class referred to in subparagraph (i) and the tare of which does not exceed 3 500 kilograms or, where such motor vehicle is—
(aa) a bus or goods vehicle, the gross vehicle mass of which does not
exceed 3 500 kilograms;
(bb) an articulated motor vehicle, the gross combination mass of which
does not exceed 3 500 kilograms,
is under the age of 17 years; or
(iii) in the case of any other licence, is under the age of 18 years;
(b) during any period in respect of which he or she has been declared by
a competent court or authority to be disqualified from obtaining or holding a licence to drive a motor vehicle, while such disqualification remains in force;
(c) where a licence to drive a motor vehicle held by him or her has been
suspended by a competent court or authority, while such suspension remains in force;
(d) where a licence to drive a motor vehicle held by him or her has been
cancelled by a competent court or authority, for such period as he or she may not apply for a licence;
(e) if such licence relates to a class of motor vehicle which he or she
may already drive under a licence held by him or her;
(f) if he or she is suffering from one of the following diseases or
disabilities:
(i) Uncontrolled epilepsy;
(ii) sudden attacks of disabling giddiness or fainting due to
hypertension or any other cause;
(iii) any form of mental illness to such an extent that it is necessary
that he or she be detained, supervised, controlled and treated as a patient in terms of the Mental Health Act, 1973 (Act No. 18 of 1973);
(iv) any condition causing muscular incoordination;
(v) uncontrolled diabetes mellitus;
(vi) defective vision ascertained in accordance with a prescribed
standard;
(vii) any other disease or physical defect which is likely to render him
or her incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public: Provided that deafness shall not of itself be deemed to be such a defect;
(g) if he or she is addicted to the use of any drug having a narcotic
effect or the excessive use of intoxicating liquor; or
(h) in such other circumstance as may be prescribed, either generally or
in respect of a particular class of learner’s or driving licence.
(2) The chief executive officer concerned may, if he or she deems it
expedient and on such conditions as he or she may deem fit, declare that any person shall no longer be subject to any disqualification, suspension or cancellation by a competent authority referred to in subsection (1) (b), (c) or (d), respectively: Provided that in the case of any cancellation such declaration shall be subject to section 25 (9).
Defective vision disqualifying person from obtaining or holding licence
Reg 102. (1) A person shall be disqualified from obtaining or holding a learner’s or driving licence unless—
(a) in the case of an application for a learner’s or driving licence
relating to the codes A1, A, B or EB, such person has—
(i) according to the Snellen rating a minimum visual acuity, with or
without refractive correction, of 6/12 (20/40) for each eye, or where the visual acuity of one eye is less than 6/12 (20/40) or where one eye of the person concerned is blind, a minimum visual acuity for the other eye of 6/9 (20/30); and
(ii) a minimum visual field of 70 degrees temporal, with or without
refractive correction, in respect of each eye, or where the minimum visual field in respect of one eye is less than 70 degrees temporal, or where one eye is blind, a minimum total horizontal visual field of at least 115 degrees with or without refractive correction; or
(b) in the case of an application for a learner’s or driving licence
relating to the codes C1, C, EC1 and EC, such person has—
(i) according to the Snellen rating a minimum visual acuity, with or
without refractive correction, of 6/9 (20/30) for each eye; and
(ii) a minimum visual field of 70 degrees temporal in respect of each
eye, with or without refractive correction.
(2) (a) A person who is disqualified in terms of subregulation (1)
may at such person’s expense approach a registered optometrist or ophthalmologist to test such person’s eyes in terms of the standards referred to in subregulation (1), and the result of such test shall, if it duly reflects the visual acuity of such person according to the Snellen rating, and his or her field of vision expressed in degrees, as contemplated in subregulation (1), be accepted by the driving licence testing centre.
(b) If the result contemplated in paragraph (a) indicates that the
person concerned is disqualified as contemplated in subregulation (1), the driving licence testing centre shall not issue such person with a learner’s or driving licence with a code to which the application of that person relates.
Sec 16. Failure to disclose disqualification in respect of licence authorising driving of motor vehicle prohibited
(1) No person shall, when applying for a learner’s or driving licence,
wilfully fail to disclose any disqualification to which he or she is subject in terms of section 15.
(2) Any person who—
(a) is the holder of a licence authorising the driving of a motor
vehicle in terms of this Chapter; and
(b) becomes aware thereof that he or she is disqualified from holding
such licence,
shall, within a period of 21 days after having so become aware of the disqualification, submit the licence or, in the case where it is contained in an identity document, that document to the chief executive officer of the province concerned.
(3) When a licence is submitted in terms of subsection (2) the chief
executive officer shall cancel it and if the licence was issued in a prescribed territory he or she shall notify the authority which issued it of the cancellation: Provided that if the chief executive officer is satisfied that the holder thereof is competent to drive the class of motor vehicle concerned with the aid of glasses, an artificial limb or any other physical aid, the chief executive officer shall, in the case where the licence—
(a) is contained in an identity document—
(i) not cancel the licence, but endorse the licence accor-dingly and
such endorsement shall be a condition subject to which the licence is held;
(ii) return the identity document to the holder thereof; or
(b) is not contained in an identity document, issue or authorise the
issue of a new licence in the prescribed manner reflecting the conditions on which it is issued.
Regards
Alta
Alta Swanepoel & Associates