Section 44: Test of competence to drive

44. Test of competence to drive (1) (a) Subject to paragraph (b), a driving licence shall not be granted to an applicant unless he satisfies the licensing officer that he has either, at some time— (i) passed the prescribed test of competence to drive; or (ii) within 3 years before the date on which he makes the application, held an international driving permit in any country authorising him to drive motor vehicles of the class or description which he would be authorised under the licence which he has applied for. (b) Where a licence is issued in Rodrigues, the licensing officer may require the applicant to undergo the prescribed test of competence to drive. (2) (a) For the purpose of enabling an applicant for a driving licence to learn to drive a motor vehicle with a view to passing a test under this section, the licensing officer may, on payment of the prescribed fee, grant to the applicant a provisional driving licence, which shall be in the prescribed form and subject to such terms and conditions as may be prescribed. (b) Where a person to whom a provisional driving licence is granted fails to comply with any of the conditions subject to which it is granted, he shall commit an offence. (3) The Court before which a person is convicted of an offence under section 123A or 123C may, whether he has previously passed the prescribed test of competence to drive or not, and even if the Court does not make an order under section 52 disqualifying him from holding or obtaining a licence to drive a motor vehicle, order him to be disqualified from holding or obtaining a licence to drive a motor vehicle until he has, since the date of the order, passed the test. (4) The provisions of this Act, which have effect where an order disqualifying a person from holding or obtaining a driving licence is made, shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications— R27 – 39 [Issue 7] Road Traffic Act (a) notwithstanding section 41 (8) or 53 (3), the person disqualified shall, unless he is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section, be entitled to— (i) obtain and hold a provisional driving licence to be granted, where the person disqualified is the holder of a driving licence granted by the licensing officer, under subsection (2); and (ii) drive a motor vehicle in accordance with the conditions subject to which the provisional driving licence is granted; (b) the disqualification shall be deemed to have expired on production to the licensing officer of evidence that the person has, since the order was made, passed the prescribed test; and (c) on the return to the person disqualified of a driving licence held by him, or on the issue to him of that licence, there shall be added to the endorsed particulars of the disqualification a statement that the person disqualified has, since the order was made, passed the prescribed test. [S. 44 amended by s. 4 of Act 9 of 2003 w.e.f. from 1 September 2003; s. 7 of Act 7 of 2015 w.e.f. 27 July 2015.]