Driving without a licence?

[NeonNinja]

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,

Ahem...

 

[$m@Rt@$$]

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.

No, it's not. And no I believe you are not liable to a fine (and the subsequent events) for driving unlicensed but rather for driving without proof of your license.

 

[zulucat]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

 

[RedViking]

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.

You are in the wrong for driving without a license. But both a licenses and unlicensed can cause an accident. Just because you didn't have a license doesn't mean you are automatically charged for reckless driving. Seeing that the other party was also unlicensed it is not like they can bring a case against you anyways as they are just as guilty.

Also, it seems like you are a licensed driver, but you just waiting for the actual license. So even for that fine you can explain to the court (regarding not having your license on you) what happened and they might even scrape the fine. The system should show that you are in face licensed, just waiting for your card.

Either way, chat to a lawyer.

 

[HotStepper187]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

Thanks for the advice, high horse dismounted.

 

[RedViking]

No, it's not. And no I believe you are not liable to a fine (and the subsequent events) for driving unlicensed but rather for driving without proof of your license.

This. You are guilty for not having proof of your license on you. You are now a licenced driver by what it sounds like. If they can give you a temp license, it just means you waiting for the actual license card. But the traffic officer is not gonna wait to believe your story. Just write a letter or talk to the court and it will be sorted.

 

[HotStepper187]

You are in the wrong for driving without a license. But both a licenses and unlicensed can cause an accident. Just because you didn't have a license doesn't mean you are automatically charged for reckless driving. Seeing that the other party was also unlicensed it is not like they can bring a case against you anyways as they are just as guilty.

Also, it seems like you are a licensed driver, but you just waiting for the actual license. So even for that fine you can explain to the court (regarding not having your license on you) what happened and they might even scrape the fine. The system should show that you are in face licensed, just waiting for your card.

Either way, chat to a lawyer.

Thanks for the advice I was just worried that when I go to court the judge will tell me to get lost as I also never had a licence on me.

 

[RedViking]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

It's not a criminal offence. Its a traffic offence.

 

["D"]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

What are you sniffing, Zulucat? You're talking kak here ...

 

[RedViking]

Thanks for the advice I was just worried that when I go to court the judge will tell me to get lost as I also never had a licence on me.

I am not a lawyer. But speak to one please.

 

[RedViking]

Thanks for the advice, high horse dismounted.

Nothing wrong with your response or the way you think. If the other party caused the accident, you have the right to be compensated. If what you said is true, you passed your test, you should be on the system now. But let's hope the "offline system" did not cause that they didn't register you on the system. Although the actual test is immediately synced with the system these days I believe. Even then I believe you have the right to be compensated, and not having your license on you is unrelated to the accident. But important you talk to a legal entity, as this is all my opinion.

 

[bwana]

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.

Surely you are still technically a licensed driver at this stage?

 

[SykomantiS]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

So much misinformation here. Wish there was a dislike button.

 

[RedViking]

Surely you are still technically a licensed driver at this stage?

This is what I am thinking. What bothers me is "the system was offline".

Africa.

 

[HotStepper187]

Nothing wrong with your response or the way you think. If the other party caused the accident, you have the right to be compensated. If what you said is true, you passed your test, you should be on the system now. But let's hope the "offline system" did not cause that they didn't register you on the system. Although the actual test is immediately synced with the system these days I believe. Even then I believe you have the right to be compensated, and not having your license on you is unrelated to the accident. But important you talk to a legal entity, as this is all my opinion.

Thanks man I'll definitely talk to a lawyer tomorrow. Appreciate you taking the time to respond respectfully.

 

[RedViking]

Thanks man I'll definitely talk to a lawyer tomorrow. Appreciate you taking the time to respond respectfully.

All of the best!

 

[bwana]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

Shush.

 

["D"]

I did my driver's license test on August 3rd 2021 at New Ottery Traffic Department (Cape Town) and I passed (yipee)

That day you would have had to make a payment to them, correct? Don't you still have the receipt? Or were all systems offline?

Regardless, as you've passed the test, you're a legalised driver from that date onwards, irrespective of the presence of a card licence.

Start the claim procedures, and supply the card licence at a later stage when required.

However, if you do not have a police report case number for that particular collision, you may be out of luck.

Also, the other party could claim that YOU were in the wrong. They could even counter-sue, but they'll have no legal grounds to stand on, unless they obtained a licence in the past. (Again, any card licence is only an indication of the existence of a driver's licence obtained/granted, so to speak.)

 

[HotStepper187]

Surely you are still technically a licensed driver at this stage?

That's what I'm hoping but everyone I speak to has mixed theories. So I thought I'd ask the peeps at MB

 

[RedViking]

However, if you do not have a police report case number for that particular collision, you may be out of luck.

This is important. You need to report the accident ASAP. They will also give you a form that you use to explain the accident as well as draw a picture. I believe this has to be done within 24 hours, unless public holiday, the first day after public holiday (I might be wrong, please check).