Clause 5

Notwithstanding anything contained in this Act, the Registrar may suspend every driving licence of a person for a period not exceeding six months if such person’s record (as kept by the Registrar) as a driver of motor vehicles or his conduct or habits as such driver establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.(2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or any rules made thereunder.(3) The rules made under subsection (2) of this section shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.(4) The power conferred upon the Registrar by this section to suspend the driving licence of a person may be exercised at such time after the maximum number of points, referred to in subsection (3) of this section, has been awarded against such person as the Registrar thinks fit.(5) Where the points awarded against a person under the rules made under subsection (2) of this section reaches fifty per cent of the maximum number at which the Registrar may suspend the driving licence of such person under this section, the Registrar shall give notice thereof in writing to such person.(6) Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in such order, every point awarded against him under the rules made under subsection (2) of this section shall thereupon be cancelled.(7) Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act or any rules made thereunder, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.(8) For the purposes of this section a person shall be deemed to have committed an offence under this Act or any rules made thereunder if he pays the prescribed penalty for that offence under section 83 of this Act.Licensee may show cause why driving licence should not be suspended23B.—

The Registrar shall, before suspending a driving licence of a person under the provisions of section 23A of this Act, give the person concerned notice in writing of his intention to do so, specifying a date, not less than fourteen days after the date of the notice, upon which such suspension shall be made and calling upon the person to show cause to the Registrar why such driving licence should not be suspended.(2) Upon the person failing to show cause within the period referred to in subsection (1) of this section and if the Registrar decides to suspend the driving licence of such person pursuant to section 23A of this Act, the Registrar shall forthwith inform the person by notice in writing of such suspension.(3) A person may, within fourteen days of the receipt of the notice referred to in subsection (2) of this section, or within such extended period of time as the Minister may allow, appeal in writing against such suspension to the Minister whose decision thereon shall be final.(4) An order of suspension under section 23A of this Act shall not take effect until the expiration of a period of fourteen days after the Registrar has informed the person concerned of the order.(5) If within that period the person concerned appeals to the Minister the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.Surrender and return of driving licence23C.—

The Registrar shall, upon suspending a licence under section 23A of this Act, require such licence to be surrendered to and retained by him.(2) Any person whose driving licence has been suspended under section 23A of this Act shall forthwith surrender the driving licence to the Registrar.(3) At the end of a period of suspension a driving licence surrendered to the Registrar under subsection (2) of this section shall be returned to the holder thereof and the points awarded against him shall be cancelled.(4) Any person whose driving licence has been suspended under section 23A of this Act shall not during the period of suspension drive a motor vehicle on a road under any other driving licence issued by any authority or otherwise.(5) Any person who drives a motor vehicle on a road when his driving licence is suspended under section 23A of this Act shall be guilty of an offence under this Act.”.