Driving without a licence?

[HotStepper187]

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,

 

[6spdmanual]

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?

 

[Dan C]

 

[S.Claus]

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

 

[SlinkyMike]

IMO you should get a fine for not carrying your license but you are a legal driver having passed the k53.

 

[6spdmanual]

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

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.

 

[SaucePlz]

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.

 

[6spdmanual]

Also, what are you suing for? Him driving without a licence? Technically, that’s something you were also doing.

 

[S.Claus]

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.

Now that OP is fully licensed he should get insurance.

 

[HotStepper187]

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?

Yes, i received my temporary licence yesterday.I now am licensed.

 

[HotStepper187]

Also, what are you suing for? Him driving without a licence? Technically, that’s something you were also doing.

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]

IMO you should get a fine for not carrying your license but you are a legal driver having passed the k53.

Hence my question if i will be considered "unlicensed" at the time of the accident.

 

[6spdmanual]

Yes, i received my temporary licence yesterday.I now am licensed.

Awesome. Congratulations. Is the date of issue the same as when you actually passed, or yesterday the 7th of September?

 

[Nemesys]

Yes, i received my temporary licence yesterday.I now am licensed.

Did they back date it to the date you passed the test?

 

[ToxicBunny]

Yes, i received my temporary licence yesterday.I now am licensed.

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.

 

[HotStepper187]

Awesome. Congratulations. Is the date of issue the same as when you actually passed, or yesterday the 7th of September?

Thanks, the date of issue for my temp license is 7th September, still waiting on my card.

 

[RedViking]

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.

 

[HotStepper187]

Did they back date it to the date you passed the test?

No, it's dated 7th September unfortunately.

 

[HotStepper187]

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.

My temp license is not backdated, I'm sure the card will be. But i have to wait for that.

Thanks

 

[HotStepper187]

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.

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.