Section 54: Endorsement

54. Endorsement (1) An order that the particulars of a conviction or of a disqualification to which the convicted person has become subject are to be endorsed on the driving licence held by the offender shall, whether the offender is at the time the holder of a driving licence or not, operate as an order that any driving licence he may then hold or subsequently obtain shall be so endorsed until he becomes entitled, under this section, to have a driving licence free from endorsement issued to him. (2) (a) Where an order is made requiring a driving licence held by an offender to be endorsed, the offender shall— (i) where he is at the time the holder of a driving licence, produce, if the Court so orders, the driving licence within 5 days or such longer time as the Court may determine, for the purpose of endorsement; and [Issue 7] R27 – 46 Revised Laws of Mauritius (ii) where he is not the holder of a driving licence but subsequently obtains a driving licence, within 5 days after obtaining the driving licence, produce it to the Court for the purpose of endorsement. (b) Any person who contravenes paragraph (a) shall commit an offence and, where the driving licence is not produced for the purpose of endorsement within the period specified under paragraph (a), it shall be suspended from the expiry of that period until it is produced for the purpose of endorsement. (3) On the issue of a new driving licence to any person, the particulars endorsed on a previous driving licence held by him shall be copied on the new driving licence, unless he has previously become entitled, under this section, to have a driving licence free from endorsement issued to him. (4) Any person— (a) whose driving licence has been ordered to be endorsed; and (b) who has not previously become entitled, under this section, to have a driving licence free from endorsement issued to him, who applies for or obtains a driving licence without giving particulars of the order, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 3 months and the driving licence which he has obtained shall be of no effect. (5) (a) Where an order has been made in respect of a person under this Part requiring the endorsement of a driving licence held by him, he shall be entitled, on applying for the grant of a driving licence under this Part, or on payment of the prescribed fee and the surrender of any subsisting driving licence, to have issued to him a new driving licence free from endorsement— (i) where he has, during a continuous period of 3 years or more since the order was made, had no order made against him, or no order, other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of driving a motor vehicle at speed exceeding a speed limit; or (ii) where the order was made by reason only of a conviction under subparagraph (i) and immediately before the order was made, he was the holder of, or was entitled to have issued to him, a driving licence, free from any endorsement, other than that of particulars in relation to the conviction if he has during a continuous period of one year or more since the order was made, had no order requiring endorsements made against him. (b) In reckoning the continuous period of 3 years and one year respectively under paragraph (a), any period during which the applicant was, by virtue of the order, disqualified e order was made, he was the holder of, or was entitled to have issued to him, a driving licence, free from any endorsement, other than that of particulars in relation to the conviction if he has during a continuous period of one year or more since the order was made, had no order requiring endorsements made against him. (b) In reckoning the continuous period of 3 years and one year respectively under paragraph (a), any period during which the applicant was, by virtue of the order, disqualified from holding or obtaining a driving licence shall be excluded. R27 – 46 (1) [Issue 7] Road Traffic Act (6) (a) Where— (i) a Court orders particulars to be endorsed on a driving licence held by a person; or (ii) by a conviction or order of a Court, a person is disqualified from holding or obtaining a driving licence, the Court shall send notice of the conviction or order to the licensing officer. continued on page R27 – 47 [Issue 7] R27 – 46 (2) Revised Laws of Mauritius (b) Where a person is disqualified under paragraph (a), the Court shall also, on the production of the driving licence for the purpose of endorsement, retain the driving licence and forward it to the licensing officer. (c) The licensing officer shall keep the driving licence until— (i) the disqualification has expired or been removed; and (ii) the person entitled to the driving licence has made a demand in writing for its return to him. (d) Where the disqualification to which a person has become subject is limited to the driving of a motor vehicle of a particular class or description, the licensing officer shall forthwith, after receiving the driving licence of that person under paragraph (b), issue to that person a new driving licence. (e) The new driving licence shall indicate, in the prescribed manner, the class or description of vehicle which the holder of the driving licence is not authorised to drive, and shall remain in force for— (i) the unexpired period of the original driving licence; or (ii) the period of the disqualification, whichever is the shorter. (7) (a) Where on an appeal against an order made under this section, the appeal is allowed or the conviction quashed, the appellate Court shall send notice of the fact to the licensing officer. (b) The Registrar or other officer of the Court shall, as may be necessary, cancel or amend an endorsement made on the driving licence. 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