20. Transfer of endorsement and issue of driving licence free from endorsement.
(1)An endorsement on any [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] shall be transferred to any new or duplicate [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] issued to him free from endorsement.(2)Where a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] is required to be endorsed and the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] is at the time not in the possession of the Court or authority by which the endorsement is to be made then-(a)if the person in respect of whom the endorsement is to be made is at the time the holder of a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).], he shall produce the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] to the Court or authority within five days, or such longer time as the Court or authority may fix, or(b)if, not being then the holder of a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).], he subsequently obtains a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).], he shall within five days after, obtaining the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] produce it to the Court or authority;and if the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] is not produced within the time specified it shall on the expiration of such time be of no effect until it is produced for the purpose of endorsement.(3)A person whose [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] has been endorsed shall, if during a continuous period of three years since the last endorsement was made no further order of endorsement has been made against him, be entitled, on surrendering his [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] and on payment of a fee of five rupees, to receive a new [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] free from all endorsements. If the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a clean [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] issued on the expiration of one year from the date of the order:Provided that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] shall be excluded.(4)When a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] was last renewed and to the licensing authority which granted the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).].(5)Where the holder of a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] is disqualified by the order of any Court for holding or obtaining a [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).], the Court shall take possession of the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] until the disqualification has expired or has been removed and the person entitled to the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] has made a demand in writing for its return to him:Provided that, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the Court shall endorse the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] to this effect and shall send a copy of the order of disqualification to the licensing authority by which the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] was granted and shall return the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] to the holder.(6)Where on an appeal against any conviction or order of a Court which has been endorsed on a driving licence,the appellate Court varied, or sets aside the conviction or order, the appellate Court shall inform the licensing authority by which the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).] was last renewed and the licensing authority which granted the [driving licence] [Substituted by Act 100 of 1956, section 16, for 'licence' (w.e.f. 16-2-1957).], and shall amend or cause to be amended the endorsement of such conviction or order.
