Section 52: Powers of Court

52. Powers of Court (1) (a) Subject to section 123AG, a Court before which a person is convicted of an offence under this Act— (i) may, where it is declared to be permissible by the Second Schedule, and, unless the Court for special reasons thinks fit to order otherwise, shall, where it is declared to be obligatory by that Schedule, subject to any limitation specified in relation to that offence in that Schedule— (A) where the convicted person holds a driving licence or provisional driving licence, declare that person disqualified from holding or obtaining a licence in Mauritius for such time as the Court may determine or cancel the licence and declare that person disqualified; or (B) where the convicted person holds an international driving permit, declare that person disqualified from driving in Mauritius for such time as the Court may determine; or R27 – 43 [Issue 9] Road Traffic Act (C) where the convicted person does not hold a driving licence, provisional driving licence or an international driving permit, declare that person disqualified from holding or obtaining a licence in Mauritius for such time as the Court may determine; (ii) may, where it is declared to be permissible by the Second Schedule, and shall, where it is declared to be obligatory by that Schedule, order that particulars of the conviction and of any cancellation of his driving licence or provisional driving licence and of any disqualification to which that person has become subject shall be endorsed on the licence held by that person; and (iii) may, in all cases of cancellation of a licence or of disqualification, further order that the convicted person be disqualified from holding or obtaining a licence in Mauritius unless and until he has, since the date of the order, passed a driving test. (b) — (1A) (a) Where a person is disqualified under this Part, 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 (1) (a) (i) (A), before restoration of his licence, or for holding or obtaining a driving licence; (B) in the case of a person referred to in subsection (1) (a) (i) (B), before restoration of his permit; or (C) in the case of a person referred to in subsection (1) (a) (i) (C), before holding or obtaining a driving licence, pursuant to section 123AI; and (iii) (A) where there is no appeal, forward the surrendered licence or permit to the licensing officer after 21 days from the date on which the licence or permit 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 [Issue 9] R27 – 44 Revised Laws of Mauritius (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 is the holder of both— (i) a driving licence and an international driving permit; or [Issue 9] R27 – 44 Revised Laws of Mauritius (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. (2) A person who, by virtue of an order of a Court under this Part— (a) is disqualified from holding or obtaining a driving licence; (b) has had his driving licence or provisional licence cancelled; or (c) is disqualified from driving in Mauritius, continued on page R27 – 45 R27 – 44 (1) [Issue 9] Revised Laws of Mauritius may appeal against the order in the same manner as against a conviction and the Court may, pending the appeal, suspend the operation of the order. [S. 52 amended by s. 6 of Act 17 of 2012 w.e.f. 10 May 2013; s. 8 of Act 7 of 2015 w.e.f. 27 July 2015.]