Section 25A: Suspension of licence

25A. Suspension of licence (1) Where the holder of a licence issued under section 23 is convicted under section 21 (3), the Court before which he is convicted shall, without prejudice to any penalty that may be incurred under that section, order that the licence held by him be suspended for a period— (a) in the case of a first conviction, of not less than 3 months nor more than 6 months; and (b) in the case of a second or subsequent conviction, of not less than 6 months nor more than 12 months. (2) (a) Where a Court orders that a licence be suspended under subsection (1), the Commissioner of Police or a police officer authorised by him shall send notice of the order to the Commissioner within 14 days of such order. (b) Where a licence has been suspended under subsection (1)— (i) the holder of the licence shall surrender it to the Commissioner; (ii) the vehicle in respect of which it has been issued shall not be used, caused or permitted to be used, during the period of the suspension; and R27 – 31 [Issue 9] Road Traffic Act (iii) the Commissioner may cause seals to be affixed to the vehicle for the period of suspension. (3) Any unauthorised person who breaks the seals affixed under subsection (2), or causes or permits such seals to be broken, shall commit an offence. (3A) Any person who drives a vehicle during the period of suspension under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 10,000 rupees. (3B) Section 153 of the Criminal Procedure Act shall not apply to a person liable to be sentenced under subsection (3A). (4) A person whose licence is suspended by virtue of an order of a Court under this section may appeal against the order in the same manner as against a conviction, and the Court may, if it thinks fit, suspend the operation of the order pending the determination of the appeal. [S. 25A amended by s. 7 of Act 46 of 2002 w.e.f. 15 May 2003.] 26. — [S. 26 repealed by s. 5 of Act 19 of 2016 w.e.f. 3 November 2016.]