Driving without a licence?

H

HotStepper187

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Can someone please help me, this is my first ever post and I'm not sure how this works.

I have a question about a road accident and want to find out by someone who is a traffic officer or a former traffic officer or law enforcement even.

I did my driver's license test on August 3rd 2021 at New Ottery Traffic Department (Cape Town) and I passed (yipee)
However the system was offline and i couldn't get my temporary license, i left there without anything, still driving on my learners permit.

Eight days later on August 11th 2021, I was involved in a car accident, i got a fine on the spot for driving alone while only having a learners license in my possession.

Now my question.. Was I an illegal driver at the time of the accident? Was i supposed to wait for my temporary license before driving alone? I usually have a licensed driver with me (my wife) when i go out but on this particular day i was alone.

The driver from the other car was completely unlicensed, both our cars are uninsured. I'm planning on suing for damages but need to know if i was a "legal" driver first. Do i have a leg to stand on?

Kind regards,
 
Do you have any sort of proof that you indeed did pass your test? Results of your test, anything? I see you tested a month or so ago, you still haven’t received anything from the Traffic Department?
 
I recommend you find some proof that you did pass. The traffic officer would have noted that you passed the exam and I’m sure if they reference the date/time they can see the system being offline.

There’s really no harm in trying

get insurance if you intend to operate a vehicle
 
Last edited:
S.Claus said:
I recommend you find some proof that you did pass. The traffic officer would have noted that you passed the exam and I’m sure if they reference the date/time they can see the system being offline.

There’s really no harm in trying

I recommend you get insurance if you intend to operate a vehicle
Click to expand...
Don’t think you can be insured as the main operator of a vehicle without a valid driver’s licence. I hope he can get proof.
 
Welcome :) Step one: consider where your post should be on the forum, you are more likely to get engagement as people interested in the relevant topic will see your post.

I do not meet your criteria for feedback related to your problem (traffic officer or a former traffic officer or law enforcement), thus will refrain.
 
Also, what are you suing for? Him driving without a licence? Technically, that’s something you were also doing.
 
6spdmanual said:
Do you have any sort of proof that you indeed did pass your test? Results of your test, anything? I see you tested a month or so ago, you still haven’t received anything from the Traffic Department?
Click to expand...
Yes, i received my temporary licence yesterday.I now am licensed.
 
6spdmanual said:
Also, what are you suing for? Him driving without a licence? Technically, that’s something you were also doing.
Click to expand...
Suing for damaged to my car, R35000 worth of damages, just want to know if i would also be considered an unlicensed driver by the court.
 
HotStepper187 said:
Yes, i received my temporary licence yesterday.I now am licensed.
Click to expand...

If your license was backdated to the date you passed the test, then you can get the fine altered to driving without a valid card/temporary license or whatever, and yes you can pursue the other party for damages but you will spend way more money than R35k to get your R35k. Your best option there will be Small Claims Court with its maximum claim value of R20k.
 
Doesn't really matter if you licensed or unlicensed. If the other driver was the guilty party they need to pay for the damages, license or unlicensed, doesn't matter. You just need to be able to proof beyond doubt they were the guilty party.

Speak to a lawyer. Snakes need money as well.
 
ToxicBunny said:
If your license was backdated to the date you passed the test, then you can get the fine altered to driving without a valid card/temporary license or whatever, and yes you can pursue the other party for damages but you will spend way more money than R35k to get your R35k. Your best option there will be Small Claims Court with its maximum claim value of R20k.
Click to expand...
My temp license is not backdated, I'm sure the card will be. But i have to wait for that.

Thanks
 
RedViking said:
Doesn't really matter if you licensed or unlicensed. If the other driver was the guilty party they need to pay for the damages, license or unlicensed, doesn't matter. You just need to be able to proof beyond doubt they were the guilty party.

Speak to a lawyer. Snakes need money as well.
Click to expand...
Oh, i was under the impression an unlicensed driver is automatically in the wrong? Hence me trying to figure out if i was technically unlicensed when the accident occured.
 
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