Section 123AH: Exceeding permitted maximum number of penalty points

123AH. Exceeding permitted maximum number of penalty points (1) Where, following an allocation of penalty points to a convicted person, the Court is satisfied that the convicted person has exceeded the permitted maximum number of penalty points, it shall at the same sitting and in accordance with section 52, disqualify the convicted person in the following manner – (a) where the person is the holder of a driving licence, he shall be disqualified 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) where the person is the holder of a provisional driving licence, his provisional driving licence shall be cancelled and he shall be disqualified 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) where the person is the holder of a driving licence for one type or class of vehicle and a provisional driving licence for another type or class of vehicle, he shall be disqualified 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) where the person is the holder of an international driving permit, he shall be disqualified from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; (e) where the person is the holder of a driving licence and an international driving permit, he shall be disqualified 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) where the person is the holder of a provisional driving licence and an international driving permit, he shall be disqualified 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) where the person is not the holder of a driving licence, provisional driving licence or an international driving permit, he shall be disqualified 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. (2) (a) Where, further to penalty points that have been allocated to a person, the licensing officer finds that the person has exceeded the permitted maximum number of penalty points, the licensing officer or any person deputed by him shall make an application in writing to the Court where the person was last allocated penalty points for the issue of a summons to the person to show cause why the person should not be disqualified in accordance with subsection (1). (b) Where, pursuant to an application made under paragraph (a), the Court is satisfied that a person has exceeded the permitted maximum number of penalty points, it shall, at the same sitting and in accordance with section 52, disqualify the convicted person in accordance with subsection (1). (3) (a) Where a person is disqualified under subsection (1) or (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, t t to an application made under paragraph (a), the Court is satisfied that a person has exceeded the permitted maximum number of penalty points, it shall, at the same sitting and in accordance with section 52, disqualify the convicted person in accordance with subsection (1). (3) (a) Where a person is disqualified under subsection (1) or (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 as soon as possible but not later than 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 (1) (a), before restoration of his licence pursuant to section 123 AI (3); (B) in the case of a person referred to in subsection (1)(b), before holding or obtaining a driving licence pursuant to section 123AI (5); (C) in the case of a person referred to in subsection (1)(c), before restoration of his licence pursuant to section 123AI (3); (D) in the case of a person referred to in subsection (1)(d), before restoration of his permit pursuant to section 123AI (4); (E) in the case of a person referred to in subsection (1)(e), before restoration of his licence and permit pursuant to section 123AI (3) and (4); (F) in the case of a person referred to in subsection (1)(f), before restoration of his licence and permit pursuant to section 123AI (3) and (4); or (G) in the case of a person referred to in subsection (1)(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 within 30 days from the date on which the licence or permit is surrendered; or licence or permit is surrendered; or (B) where th ere 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 (ii) a provisional driving licence and an international driving permit, he shall surrender both the licence and permit to the Court. (4) (a) Where a person who is the holder of a driving licence is disqualified by virtue of 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 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) Where a person who is the holder of an instructor’s licence is disqualified under this section or Part IV from holding or obtaining a driving licence, the Court shall order that person to surrender his instructor’s licence as soon as possible but not later than 5 days of the date of the order. (d) An instructor’s licence surrendered pursuant to paragraph (c) 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 restora holder of an instructor’s licence is disqualified under this section or Part IV from holding or obtaining a driving licence, the Court shall order that person to surrender his instructor’s licence as soon as possible but not later than 5 days of the date of the order. (d) An instructor’s licence surrendered pursuant to paragraph (c) 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). (e) 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 (1) or (2) and the offences leading to his second disqualification have been committed within a period of 36 months from the date of 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 outcome of 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. (7) A person who fails to surrender – (a) his driving licence, provisional driving licence or international driving permit within the period specified in subsection (3)(a)(i); or (b) his instructor’s licence within the period specified in subsection (4)(c), shall commit an offence and shall, on conviction, be liable to a fine of not less than 10,000 rupees but not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months. (8) For the purpose of this section and section 123AG (1) – (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 another or class of vehicle, shall be deemed to be the holder of a driving licence; (b) a conviction shall not be taken into account more than once by a Court for the purpose of a disqualification order.