Section 123AG: Cumulative road traffic offences

123AG. Cumulative road traffic offences (1) Where a person is convicted before a Court of an offence specified in the second column of the Third Schedule, the Court shall— (a) require the licensing officer to produce a Cumulative Road Traffic Convictions Certificate in relation to the convicted person; R27 – 109 [Issue 7] Road Traffic Act (b) where appropriate— (i) disqualify that person; or (ii) disqualify that person and cancel his driving licence or provisional driving licence, as the case may be, in accordance with this section; and (c) after 21 days from the date of his conviction, where there is no appeal, notify the licensing officer of the fact by means of a Conviction Certificate in the form set out in the Eleventh Schedule. (2) Where a person is convicted on a sixth occasion of one or more offences specified in the second column of the Third Schedule and those offences are committed within a period of 24 months, the Court shall, at the same sitting and in addition to any monetary or custodial sentence provided for in relation to the sixth offence— (a) his conviction, where there is no appeal, notify the licensing officer of the fact by means of a Conviction Certificate in the form set out in the Eleventh Schedule. (2) Where a person is convicted on a sixth occasion of one or more offences specified in the second column of the Third Schedule and those offences are committed within a period of 24 months, the Court shall, at the same sitting and in addition to any monetary or custodial sentence provided for in relation to the sixth offence— (a) in the case of a person who holds a driving licence, disqualify him from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; (b) in the case of a person who holds a provisional driving licence, cancel the provisional driving licence and disqualify him from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; (c) in the case of a person who holds a driving licence for one type or class of vehicle and a provisional driving licence for any other type or class of vehicle, disqualify him from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; (d) in the case of a person who holds an international driving permit, disqualify him from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; (e) in the case of a person who holds a driving licence and an international driving permit, disqualify him from holding or obtaining a driving licence for all classes of motor vehicles and from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; (f) in the case of a person who holds a provisional driving licence and an international driving permit, disqualify him from holding or obtaining a driving licence for all classes of motor vehicles and from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; or (g) in the case of a person who does not hold a driving licence, a provisional driving licence or an international driving permit, [Issue 7] R27 – 110 Revised Laws of Mauritius disqualify him from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 12 months nor more than 24 months. (3) (a) Where a person is disqualified under subsection (2), the Court shall— (i) order that person to surrender his driving licence, provisional driving licence or international driving permit, as the case may be, to the Court within 5 days of the date of the order; (ii) order that person to follow a rehabilitation course— (A) in the case of a person referred to in subsection (2) (a), before restoration of his licence pursuant to section 123AI (3); (B) in the case of a person referred to in subsection (2) (b), before holding or obtaining a driving licence pursuant to section 123AI (5); (C) in the case of a person referred to in subsection (2) (c), before restoration of his licence pursuant to section 123AI (3); (D) in the case of a person referred to in subsection (2) (d), before restoration of his permit pursuant to section 123AI (4); (E) in the case of a person referred to in subsection (2) (e), before restoration of his permit and licence pursuant to section 123AI (3) and (4); (F) in the case of a person holding or obtaining a driving licence pursuant to section 123AI (5); (C) in the case of a person referred to in subsection (2) (c), before restoration of his licence pursuant to section 123AI (3); (D) in the case of a person referred to in subsection (2) (d), before restoration of his permit pursuant to section 123AI (4); (E) in the case of a person referred to in subsection (2) (e), before restoration of his permit and licence pursuant to section 123AI (3) and (4); (F) in the case of a person referred to in subsection (2) (f), before restoration of his permit and licence pursuant to section 123AI (3) and (4); or (G) in the case of a person referred to in subsection (2) (g), before holding or obtaining a driving licence pursuant to section 123AI (6); and (iii) (A) where there is no appeal, forward the surrendered licence or permit, after endorsement if any, to the licensing officer after 21 days from the date on which the licence is surrendered; or (B) where there is an appeal, return the surrendered licence or permit to the holder on production of his National Identity Card or, where he is the holder of an international driving permit, his passport. (b) Where a person against whom an order is made pursuant to paragraph (a) (i) is the holder of both— (i) a driving licence and an international driving permit; or R27 – 111 [Issue 7] Road Traffic Act (ii) a provisional driving licence and an international driving permit, he shall surrender both the licence and permit to the Court. (c) Any person who fails to surrender his licence or permit within the period specified in paragraph (a) (i) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months. (4) (a) Where a person who is the holder of a driving licence is disqualified by virtue of a conviction or order under this section, the licence shall be retained by the licensing officer as long as the disqualification is in force and shall be suspended as from the date of disqualification until the restoration of the licence to its holder under section 123AI (3). (b) Where a person who is the holder of an international driving permit is disqualified by virtue of a conviction or order under this section, the permit shall be retained by the licensing officer as long as the disqualification is in force and until its restoration to the holder under section 123AI (4). (c) A person who is the holder of an instructor’s licence and who is disqualified under this section or Part IV from holding or obtaining a driving licence shall, within 21 days of the Court order, surrender his instructor’s licence to the Commissioner of Police and that instructor’s licence shall be retained by the licensing officer as long as the disqualification is in force and shall be suspended as from the date of disqualification until the restoration of the driving licence to its holder under section 123AI (3). (d) A driving licence or an instructor’s licence suspended by virtue of this section shall, during the time of suspension, be of no effect in Mauritius. (5) Where a person is disqualified on a second occasion under subsection (2) within a period of 3 years as from the date of the expiry of his first disqualification, the Court shall, at the same sitting, cancel his driving licence. (6) (a) A person who, by virtue of an order of a Court under this section— (i) is disqualified from holding or obtaining a driving licence; (ii) is di tor’s licence suspended by virtue of this section shall, during the time of suspension, be of no effect in Mauritius. (5) Where a person is disqualified on a second occasion under subsection (2) within a period of 3 years as from the date of the expiry of his first disqualification, the Court shall, at the same sitting, cancel his driving licence. (6) (a) A person who, by virtue of an order of a Court under this section— (i) is disqualified from holding or obtaining a driving licence; (ii) is disqualified from driving in Mauritius; (iii) has had his driving licence or provisional driving licence cancelled, may appeal against the order in the same manner as against a conviction and the Court shall, pending the appeal, suspend the operation of the order. (b) (i) A Court from whose decision an appeal is made pursuant to paragraph (a) shall inform the licensing officer of the fact within 14 days of the date on which the appeal is made. (ii) A Court to which an appeal is made pursuant to paragraph (a) shall, within 14 days of its decision, inform the licensing officer in writing of the outcome of the appeal. [Issue 7] R27 – 112 Revised Laws of Mauritius (7) (a) Where the licensing officer becomes aware of a sixth conviction of any person for one or more offences specified in the second column of the Third Schedule and those offences are committed within a period of 24 months, he shall, where necessary, make a written application to the Court where that person was last convicted for an offence specified in the second column of the Third Schedule, for the issue of a summons to that person to attend Court. (b) Where a person has been summoned pursuant to an application made under paragraph (a), the Court shall, where it is satisfied of the convictions, disqualify that person in accordance with this section. (8) (a) The licensing officer shall keep an up to date record of the conviction of every person for an offence specified in the second column of the Third Schedule. (b) On an application made by the holder of a driving licence, a provisional driving licence or an international driving permit, the licensing officer shall, on payment of the prescribed fee, issue a Cumulative Road Traffic Convictions Certificate to the holder of the licence or permit, stating the number of effective convictions incurred by the holder of the licence or permit for offences specified in the second column of the Third Schedule. (9) For the purpose of this section— (a) a person who is the holder of a driving licence for one type or class of vehicle and is also the holder of a provisional driving licence for any other type or class of vehicle, shall be deemed to be the holder of a driving licence; (b) a person shall be deemed to have been convicted of an offence specified in the second column of the Third Schedule where he pays the penalty prescribed for that offence under section 192 or 195; (c) a conviction shall not be taken into account more than once by a Court for the purpose of a disqualification order. [S. 123AG inserted by s. 5 of Act 9 of 2003 but not in operation as at 30 September 2007; repealed and replaced by s. 8 of Act 17 of 2012 w.e.f. 10 May 2013; s. 10 of Act 7 of 2015 w.e.f. 27 July 2015.] 123AH. — [S. 123AH inserted by s. 5 of Act 9 of 2003 but not in operation as at 30 September 2007; repealed and replaced by s. 9 of Act 17 of 2012 w.e.f. 10 May 2013; repealed by s. 11 of Act 7 of 2015 w.e.f. 27 July 2015.]