(1) Where a person has been convicted under this Act or the regulations of an offence set out in Schedule 2 the Licensing Authority shall record in respect of that person the number of demerit points set out opposite that offence in Schedule 2.
(2) Where a person appeals against a conviction, for an offence referred to in subsection (1) —
(a) no demerit points shall be recorded in respect of that conviction unless the conviction is confirmed on appeal; and
(b) if demerit points have been recorded in respect of such conviction before an appeal is entered, the points imposed in consequence thereof shall be removed until the appeal is heard or otherwise disposed of.
(3) Where a person is convicted of 2 or more offences arising out of the same circumstances, the demerit points to be recorded are those relating to the offence in respect of which the greatest number of demerit points is imposed, but where equal demerit points are imposed for a number of offences, demerit points for 2 convictions only are to be recorded.
(4) Where a period of 3 years has elapsed after the entry of demerit points on the record of a person, the Licensing Authority shall cause those points to be expunged from the record if no further demerit points have been recorded against him or her during that period.
(5) Where, under subsections (8) to (11) or by an order of the Court, a driver's licence has been suspended for a period of 3 months or more and the period of suspension has expired, the Licensing Authority shall cause all demerit points to be expunged from the record of the holder of the driver's licence.
(6) Where a total number of more than 10 but less than 14 demerit points have accumulated in the record of any person within a period of 2 years the Licensing Authority shall cause a notice to be sent to that person informing him or her of the number of demerit points accumulated.
(7) Where a total number of 14 or more but less than 18 demerit points have accumulated in the record of a person within a period of 2 years, the Licensing Authority may require that person to appear before the Licensing Authority for an interview and furnish such information, evidence or material as is required to show cause why his or her driver's licence should not be suspended.
(8) Where a person fails to comply with subsection (7), the Licensing Authority may, after serving on that person 10 days' notice of his or her failure to comply with that subsection, suspend the driver's licence of that person until the subsection has been complied with.
(9) The Licensing Authority may suspend the driver's licence of any person for such period as the Licensing Authority thinks reasonable if the Licensing Authority is of the opinion that that person has failed to show cause why his or her licence should not be suspended.
(10) If, within a period of one year, a total of 10 or more demerit points have accumulated on the record of any person, the Licensing Authority shall suspend the driver's licence of that person for a period of 6 months.
(11) Where, in a period exceeding one year but less than 2 years a total number of 18 or more demerit points have accumulated in the record of a person, the Licensing Authority shall suspend the driver's licence of that person for a period of one year.
(12) Where a driver's licence is suspended under this section the period of suspension shall be concurrent with the unexpired portion of any other suspension.
(13) A person whose driver's licence has been suspended by the Licensing Authority under this section may, within 10 days of the decision of the Licensing Authority, appeal to a Magistrate of a district court against that decision. (Substituted by Act 23 of 2014)
(14) A person who drives a motor vehicle while his or her driver's licence is suspended under this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(15) The Minister may, by order, amend Schedule 2.
(Amended by Act 10 of 2006)