No Law To Compel Having a Driver's License

judeye99

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Mar 31, 2020
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I cannot find a single LAW compelling South Africans to have a driver's license. There are several ACT's, By-laws, edicts and AARTO.... but not a single LAW on the statute books.
 

Gordon_R

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No, but it is an offence to drive without one, and the legal consequences can be dire. I don't know if you are a troll, but search before posting:
Legally, the National Road Traffic Act of 1996, backs up the insurance companies’ stance. In terms of the Act it is illegal to drive a motor vehicle without a valid license.

The fine for driving without a licence sits at around R1 250, and that should be the end of it, provided there was no accident involved. This offence is listed among those traffic offences which can be settled with a fine, and does not call for a court decision. It shouldn’t therefore, result in immediate arrest. However, roadside arrests do sometimes occur, together with time in a police cell, and impoundment of the car.

If there is an accident, the driver can face criminal charges, regardless of whether the driver is licensed or not. It does not automatically classify as reckless driving (this would have to be proved by the state) but being an unlicensed driver is certainly not going to help you any. A civil case can also be brought against the driver.
 

judeye99

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I have searched for years. I'll repeat. There are statutes, edicts and acts... but not a single LAW exists in SA to compel one to have a driving license. If anyone can find a law, I'd be very grateful. And surprised.
 

bwana

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I cannot find a single LAW compelling South Africans to have a driver's license. There are several ACT's, By-laws, edicts and AARTO.... but not a single LAW on the statute books.
What do you think acts of government are?

Pay your driving license. It’s the right thing to do.
 

geezer

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Acts of government are not laws.

Did You Know?​

  • The State Law Advisors certify a Bill as being consistent with the Constitution and properly drafted.
  • Before a Bill can become a law, it must be considered by both Houses of Parliament (National Assembly and National Council of Provinces). It is published in the Government Gazette for public comment and then referred to the relevant committee. It is debated in the relevant committees of Parliament and amended if necessary. If the Bill passes through both the NA and the NCOP, it goes to the President for assent (signed into law). Once it is signed by the President, it becomes an Act of Parliament and a law of the land.
 

judeye99

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Exactly geezer. It is an ACT of parliament... an ACT which has passed into LAW. Before it is passed through both houses, and signed by the president, it is not a law, and therefore, not on the statute books as a law.

Everything in SA is illegal, by edict... Fishing, hunting, driving, diving, flying, running a business, every single thing is illegal... Until you "buy" a license. From the government. Then you are "granted rights" to indulge in whatever activity.
 

Arthur

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I have searched for years. I'll repeat. There are statutes, edicts and acts... but not a single LAW exists in SA to compel one to have a driving license. If anyone can find a law, I'd be very grateful. And surprised.
Compelling people to get a driving licence would be an outrageous act of totalitarian overreach and a huge waste of money. Millions can't or won't ever drive, so why should they be compelled to get a licence? I can't think of a single country that compels people to get a driving licence.

Far better to have a law that allows only people who have a driving licence to operate a motorised vehicle on a public roadway. Which is exactly what we have.
 
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Cray

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Your "rights" have been removed... but you can buy them back. from the government.
Nope, you can freely drive your vehicle on private land without anyone caring, the moment you venture onto public land and roads you need a license. It's not your god-given right to operate a potentially dangerous machine in a public space without proving your ability to do it safely.
 

killerbyte

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I cannot find a single LAW compelling South Africans to have a driver's license. There are several ACT's, By-laws, edicts and AARTO.... but not a single LAW on the statute books.
Your lack of understanding of the terminology does not change the fact that when a Bill is passed into law it becomes an Act of Parliament.

If the Bill passes through both the NA and the NCOP, it goes to the President for assent (signed into law). Once it is signed by the President, it becomes an Act of Parliament and a law of the land.
 

judeye99

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Nope, you can freely drive your vehicle on private land without anyone caring, the moment you venture onto public land and roads you need a license. It's not your god-given right to operate a potentially dangerous machine in a public space without proving your ability to do it safely.
It sure IS your God given right to move freely on the land. A right is given when freedom is taken, so when citizens talk about their rights, be it constitutional, human or civil, it means freedom was taken and replaced with rights, usually granted and approved by some authority. Hence the often cited term “unalienable or inalienable rights”, rights we as humans were apparently born with, traveling is one of them.
 

Cray

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It sure IS your God given right to move freely on the land. A right is given when freedom is taken, so when citizens talk about their rights, be it constitutional, human or civil, it means freedom was taken and replaced with rights, usually granted and approved by some authority. Hence the often cited term “unalienable or inalienable rights”, rights we as humans were apparently born with, traveling is one of them.
You are free to walk..
 

Priapus

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It sure IS your God given right to move freely on the land. A right is given when freedom is taken, so when citizens talk about their rights, be it constitutional, human or civil, it means freedom was taken and replaced with rights, usually granted and approved by some authority. Hence the often cited term “unalienable or inalienable rights”, rights we as humans were apparently born with, traveling is one of them.

Are you well?

Sure, it's your right to move about the land. But you have no God given right to move about public land with a dangerous vehicle; without the correct procedures being followed, IE have a license.

Just how bored are you?
 

killerbyte

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It sure IS your God given right to move freely on the land. A right is given when freedom is taken, so when citizens talk about their rights, be it constitutional, human or civil, it means freedom was taken and replaced with rights, usually granted and approved by some authority. Hence the often cited term “unalienable or inalienable rights”, rights we as humans were apparently born with, traveling is one of them.
Walk, ride a bicycle, catch a bus or a taxi. You can move freely, I would caution you against moving into my property freely, you might not be moving when you leave.
A drivers license is proof that you have been certified competent and aware of the rules of the road to ensure you drive in a safe manner and are not a hazard to everyone else. This is like a pilots license. You need one to prove you have been trained in the safe operation and handling of an aircraft.

To me it sounds like your tinfoil hat is on a little too tight and is restricting blood flow.
 
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