Section 53: Disqualification

53. Disqualification (1) (a) Where a person who is the holder of a driving licence or provisional driving licence is disqualified by virtue of a conviction or order under this Part, the licence shall be retained by the licensing officer as long as the disqualification is in force and the licence 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 Part, 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). (2) A driving licence or provisional driving licence suspended by virtue of this Part shall, during the time of suspension, be of no effect in Mauritius. (3) (a) A person who, by virtue of a conviction or order under this Part and section 123AG, is disqualified from holding or obtaining a driving licence or provisional driving licence, or is disqualified from driving in Mauritius, may, at any time after the expiry of 6 months from the date of the conviction or order and on his completion of a rehabilitation course, apply to the Court before which he was convicted or by which the order was made to remove the disqualification. (b) Where an application is made under paragraph (a), the Court may, if it thinks proper, having regard to— (i) the character of the person disqualified; (ii) his conduct subsequent to the conviction or order; (iii) the nature of the offence; and (iv) any other circumstances of the case, by order, remove the disqualification as from such date as may be specified in the order or refuse the application. (c) Where an application under this subsection is refused, a further application shall not be entertained if made within 3 months after the date of the refusal. (d) Where the Court orders a disqualification to be removed, the Court— (i) shall cause particulars of the order to be endorsed on any licence previously held by the applicant; and (ii) may order the applicant to pay the whole or any part of the costs of the application. R27 – 45 [Issue 7] Road Traffic Act (4) Where a person who is disqualified under this Part and section 123AG from holding or obtaining a driving licence or provisional driving licence, or is disqualified from driving in Mauritius— (a) applies for or obtains a driving licence; (b) drives a motor vehicle on a road; or (c) where the disqualification is limited to the driving of a motor vehicle of a particular class or description, drives a motor vehicle of that class or description on a road, he shall commit an offence and shall, on conviction, be liable— (i) to imprisonment for a term not exceeding 2 years; (ii) where the Court thinks that, having regard to the special circumstances of the case, a fine would be an adequate punishment for the offence, to a fine not exceeding 2,000 rupees; or (iii) to both imprisonment for a term not exceeding 2 years and a fine not exceeding 2,000 rupees, and a driving licence obtained by any disqualified person shall be of no effect. (5) Proceedings for an offence under subsection (4) may be instituted— (a) within a period of 6 months from the date of the commission of the alleged offence; or (b) within a period which does not exceed— (i) 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committ or (iii) to both imprisonment for a term not exceeding 2 years and a fine not exceeding 2,000 rupees, and a driving licence obtained by any disqualified person shall be of no effect. (5) Proceedings for an offence under subsection (4) may be instituted— (a) within a period of 6 months from the date of the commission of the alleged offence; or (b) within a period which does not exceed— (i) 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed; or (ii) one year from the date of the commission of the offence, whichever period is the longer. [S. 53 amended by Act 4 of 1988; s. 7 of Act 17 of 2012 w.e.f. 10 May 2013; s. 9 of Act 7 of 2015 w.e.f. 27 July 2015.]