Page 22 - Personal Underwriting Mandates & Guidelines - Binder product rules & addendums - Version 1

2. VALIDATING A DRIVER'S LICENCE
2.1
Credit Card Licences
The SAIA posi on as set out in their press release of 28 February 2003 reads:
“Credit Card Licences – Claims will be considered without prejudice.
SAIA's stance on the credit card licence issue is that insurers will maintain their current posi on, their claims will be considered without prejudice. This means that an insured will not be deemed to be unlicensed a er the deadline date, however before considering any claim, the insured will be required to provide proof that the underlying licence was validly issued and has not been cancelled or suspended. If the law resolves that a person, who has not obtained a credit card licence is deemed to be unlicensed and has to retake the learner's and drivers test then the insurer will not be able to consider these claims. Un l absolute clarity is given by the Government and the Law, claims will be considered without prejudice. The short-term industry wants to act in the best interest of its customers by honouring claims as far as possible but at the same me wishes to uphold the law.”
The expiry date was extended to end September 2003 in respect of conversions. Licences contained in iden ty documents will therefore no longer be considered as valid.
Learner's Licences
2.2.1 In terms of sec on 12 of the Na onal Road Tra c Act (the Act):
“No person shall drive a motor vehicle on a public road:
2.2.1.1 except under the authority in accordance with condi ons of a licence issued to him in terms of this chapter or any document deemed to be a licence for the purposes of this chapter and
2.2.1.2 unless he keeps such licence or document or other prescribed authorisa on with him in the vehicle.”
2.2.2 Sec on 13 of the Act contemplates two types of licences, namely:
2.2.2.1 A provisional licence known as a learner's licence or
2.2.2.2 A driving licence.
2.2.3 The regula ons of the Act deal with the issue of learner's licences in more depth. Regula on 99 (2)(a) provides:
“The holder of a learner's licence shall, except where such licence relates to a motor vehicle having no sea ng accommoda on for a passenger or to a motorcycle, when driving the vehicle concerned be accompanied in or on that vehicle by, and under the direct supervision of a person seated next to him/her or immediately behind him/her, where such person cannot be seated next to him/her, and who is in possession of a licence, other than a learner's or similar licence, authorising him/her to drive that class of motor vehicle.”
2.2.4 Regula on 99 also prohibits a holder of a learner's licence of a motorcycle to convey passengers on the motorcycle. A person with a learner's licence is not allowed to carry passengers for reward. There is no prohibi on on a learner driver conveying addi onal passengers.
The Act and its regula ons are quite clear in their intent and their consequence. A driver with a learner's licence must be accompanied by a fully licensed driver who must exercise direct and personal supervision over the learner-licensed driver and be seated next to the learner or immediately behind him. If the learner-licensed driver is carrying numerous social passengers, as long as a fully licensed driver is seated next to the learner driver and is exercising direct supervision over the learner driver this would not breach the provisions of the Act or the policy.
2.2
Motor Claims Procedures
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Binder Claims Mandates and Guidelines – 2015/2016