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Why a Professional Driving Permit?

With the incorporation of the Professional Driving Permit in the Driving Licence Card, questions have been asked as to why there is a need to have a PrDP? Why can we not just have a driving licence for the class of vehicle for which we require authority to drive? FleetWatch correspondent on legislation, Jack Webster, examines this issue and consolidates all the relevant legislation on this subject for our readers.

Part IV of Chapter III of the Road Traffic Regulations (Gazette No. 20963 dated 17 March 2000) provides most of the answers but other considerations justify the need for a professional driver to hold a PrDP. Firstly, the Road Traffic Act (Act No. 93 of 1996) defines a professional driver as: "professional driver means the driver of a motor vehicle referred to in section 32."

And section 32 of the Act states:

"No person shall driver a motor vehicle of a prescribed class on a public road except in accordance with the conditions of a professional driving permit issued to him or her in accordance with this Chapter and unless he or she keeps such permit with him or her in the vehicle."

Then we refer to Section 45 of the Act which states:

(1) (a) Subject to paragraph (b) the OWNER of a motor vehicle is the OPERATOR of such motor vehicle and shall be registered as such in terms of sub-section (5).

Still with the Act, we refer to Section 49 which prescribes the duties of OPERATOR and paragraph (c) states that the Operator shall:

"exercise proper control of the drivers of such motor vehicles of which he/she is the owner/operator to ensure the compliance by such driver of all the relevant provisions of the Act, in particular the provisions regarding -
    (i) the requirements in respect of the professional driving permit referred to in Section 32 and
    (ii) the loading of such vehicle as prescribed by or under this Act".

Further, Section 50 empowers the Provincial MECs to take administrative action when operators do not control drivers and after complying with warning procedures, suspend or even cancel the registration of the operator registration.

Thus owners/operators of goods vehicles are charged with the responsibility and duty to control professional drivers but tragically, such is not the case in respect of professional drivers of buses and coaches as the Road Traffic Act does not provide for the registration of bus and coach operators.

Dealing now with the Road Traffic Regulations as contained in Part IV of Chapter III. Regulation 115(1) prescribes that a professional driving permit must be held by drivers of:

(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
(b) a breakdown vehicle;
(c) a bus;
(d) a minibus -
   (i) the gross vehicle mass of which exceeds 3 500 kilograms; or
   (ii) which is designed or adapted for the conveyance of 12 or more persons, including the driver;
(e) a motor vehicle used for the conveyance of persons for reward;
(f) a goods vehicle carrying dangerous goods, the gross vehicle mass of which exceeds 3 500 kilograms or a vehicle to which standard specification SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" or standard specification SABS 1518: "Transportation of dangerous goods - design requirements for road tankers" apply; and
(g) a motor vehicle conveying 12 or more persons including the driver.

Do not apply

Regulation 115(2) lists the conditions under which the provisions of sub-regulation (1) do not apply.
(a) to a traffic officer or examiner of vehicles in the performance of his or her duties as contemplated in section 3(1)(b) and 3(1)(c) of the Act, respectively;
(b) to a person driving a hearse;
(c) to a person driving a motor vehicle referred to in Regulation 21(1)(a)(ii) or 21(1)(b) to (g);
(d) subject to Regulation 99(2), to a person driving a motor vehicle for which he or she holds a valid learner's licence with the code prescribed for that vehicle in terms of Regulation 99(1), while being accompanied by a person holding a valid professional driving permit which authorises him or her to drive that vehicle;
(e) to a person driving a tractor.

NOTE: The vehicles referred to in Regulation 21(1) are - [Refer to Regulation 21(1)(a)(ii) and 21(1)(b) to (g)].

Regulation 116 prescribes the categories of, and authority conveyed by professional driving permits.

116.(1) Professional driving permits are divided into the following categories:
(a) Category "G", which authorises the driving of a motor vehicle as referred to in Regulation 115(1)(a) and (b);
(b) Category "P", which authorises the driving of a motor vehicle referred to in Regulation 115(1)(a), (b), (c), (d), (e) and (g); and
(c) Category "D", which authorises the driving of a motor vehicle referred to in Regulation 115(1),

(2) For the purpose of sub-regulation (1), the term "driving" shall include the driving of a motor vehicle drawing another motor vehicle, the last named of which is a motor vehicle as contemplated in Regulation 115(1).
(3) The authority provided by a professional driving permit only applies in respect of a vehicle for which the holder holds a valid driving licence.

NOTE: The endorsement "D" will only become effective when Chapter VIII of the Regulations is implemented, scheduled for 1 August 2001. Therefore, although some drivers licence testing centres have already issued driving licence cards endorsed with a "D", this is not legal and such endorsement is premature.

Disqualification

Regulation 117 deals with disqualification from obtaining a professional driving permit - Refer to paragraphs (a) to (e) of Regulation 117.

This Regulation No. 117 must be associated with Regulation 123 which states -
(1) If any circumstance arises which would have caused the holder of a professional driving permit to be disqualified from obtaining that permit, the Chief Executive Officer may suspend or cancel the permit held by such person and the holder shall submit the driving licence card on which the permit appears to the Chief Executive Officer, upon which the Chief Executive Officer shall -
   (a) remove the professional driving permit from the driving licence card; and
   (b) record the suspension or cancellation of the permit on the register of professional driving permits.

(2) The holder of a professional driving permit whose permit has been suspended or cancelled by a court under section 34 of the Act, shall submit the card on which the permit appears to the registrar or clerk of the court who shall ensure that the professional driving permit is removed from the driving licence card by the Chief Executive Officer and that the suspension or cancellation of the permit is recorded on the register of professional driving permits.

The procedure for making application for a professional driving permit is prescribed in Regulation 118 which states:
(1) The driver of a vehicle contemplated in Regulation 115(1) shall apply at a driving licence testing centre for a professional driving permit on Form PD1 as shown in Schedule 2.
(2) An application referred to in sub-regulation (1) shall be accompanied by -
   (a) the fee for an application for a professional driving permit as prescribed by the MEC of the Province concerned;
   (b) acceptable identification of the applicant;
   (c) two photographs of the applicant that comply with Regulation 103(1);
   (d) the original driving licence which authorises the applicant to drive a motor vehicle to which his or her application for a professional driving permit relates;
   (d)A from the date referred to in Regulation 117(e), the training certificate referred to in the said regulation, if applicable; (this refers to the driving of a vehicle conveying dangerous goods)
   (e) the Medical Certificate on Form MC as shown in Schedule 2; and
   (f) any other professional driving permit or public driving permit already held by the applicant.

(3) Upon receipt of an application made in terms of this Regulation, the testing centre shall:
   (a) ensure that the application is in order with reference to Regulation 117 and sub-regulation (2);
   (b) verify that the photographs submitted are those of the applicant; and
   (c) record the application on the register of professional driving permits and verify from such register that the applicant is not subject to a suspension or cancellation of any driving licence or professional driving permit held by him or her.

(4) If the driving licence testing centre is satisfied that the application is in order, it shall request the officer in charge of the nearest South African Police Service Station for a report of the convictions identified in Regulation 117(c), if any, recorded against the applicant and for the purpose of such report, any member of the South African Police Service may take the finger and palm prints of the applicant.

The manner of issuing a PrDP is detailed in Regulation 119 - [Refer to (1)(a) to (e) and (2) and Regulation 119].

Regulation 120 provides for a PrDP to remain in force after application. Refer to Regulation 120.

Regulation 121 prescribes the procedure for applying for a duplicate PrDP. Refer to Regulation 121.

Validity period

The validity period of a professional driving permit is two years as prescribed in Regulation 122 which reads:

(1) A professional driving permit shall be valid for a period of 24 months from the date of authorisation thereof as referred to in regulation 119(1)(e) but shall be deemed to be valid for a further period of 21 days calculated from the date of expiry unless the permit or a driving licence of the person concerned has been suspended or cancelled.
(2) Regulations 117, 118, and 119 apply to the application and re-issuing of a professional driving permit.

This Regulation must be read in conjunction with Regulations 101(2) and 108(5).

Regulation 101(2)(a) prescribes a period of validity of a driving licence as indefinite.

Regulation 108(5) prescribes the period of validity of a driving licence card as five years.

Regulation 122(1) prescribes the period of validity of a Professional Driving Permit as two years.

Typical example

It all sounds complicated but it is not so in practice. Take a typical example.

Cuthbert van der Merwe is a heavy duty truck-tractor driver who holds a Code 14 licence and now wishes to obtain a Code EC licence (driving licence card) and a professional driving permit (PrDP), endorsed "G".

Having the necessary qualifications to satisfy the registering authority, he is issued with an EC driving licence card endorsed "G" which is dated 1 June 2000. On 31 May 2002 he has to renew his PrDP and in doing so, he is issued with a new driving licence card dated 1 June 2002; his card is now valid until 2007.

On 30 June 2004, he has to renew his PrDP and in doing so he is issued with a new driving licence card dated 1 June 2004 which is now valid until 2009.

To summarise - the driving licence card does not expire if the holder is a professional driver and renews his PrDP every 2 years. However, the holder of a Code B or EB driving licence who does not need a professional driving permit is not in the same position as such driving licence is valid for an indefinite period, but the driving licence card must be renewed every five years.

The manner of application for the renewal of a driving licence card which has expired is prescribed in Regulation 105(2)(c) which requires the use of application form DL1 on which Parts A, C and D must be completed.

Regulation No. 124 deals with the prohibition of permitting or assisting a person not being the holder of a professional driving permit to drive a vehicle for which the driver must hold a PrDP.

Regulation 125 deals with an application for a professional driving permit being refused on medical grounds or having been convicted of any offence referred to in Regulation 117(c) having the right to submit the application to the MEC for a decision as to whether or not a PrDP may be issued.

And finally, Regulation 126 prescribes the procedure for records to be kept by driving licence testing centres of professional driving permits.