Road Traffic
Road Traffic
Road Traffic
prescribed form; Or to undergo such examination or test and to produce such medical or optical
certificate. (2) The examiner concerned shall, if— (a) an applicant referred to in subsection
(1) fails to comply with a requirement made in terms of that subsection; or (b) an examination
or test referred to in paragraph (a) of subsection (1) or a medical or optical certificate referred to in
paragraph (b) of that subsection shows that the applicant concerned is incapable of effectively driving
and controlling a motor vehicle of the class concerned without endangering the public safety; refuse to
grant the application concerned and refund to such applicant— (i) the fees referred to in
subsection (3) of section nine; or (ii) the fee referred to in paragraph (a) of subsection (2) of
section ten; as the case may be. (3) A person whose application has been refused in terms of subsection
(20 may apply within such period as may be prescribed to a magistrate for the holding of an inquiry into
the alleged disease or other disability concerned. (4) On receipt of an application in terms of subsection
(3), the magistrate concerned shall hold the inquiry referred to in that subsection and section sixty-two
shall apply, mutatis mutandis, in respect thereof. (5) A magistrate holding an inquiry in terms of
subsection (4)— (a) shall have all the powers conferred upon a magistrate by section
sixtytwo; and (b) may confirm or set aside the decision of the examiner concerned in respect
of the alleged disease or other disability concerned. (6) If an applicant is aggrieved by the decision of a
magistrate in terms of subsection (5), he may appeal to a judge of the High Court who may refer the
matter to a court of the High Court for argument. (7) On an appeal in terms of subsection (6)—
(a) the judge or court concerned may confirm or set aside the decision of the magistrate concerned;
and (b) the decision of the judge or court concerned shall be final. (8) If the decision of an
examiner or magistrate is set aside in terms of sub section (5) or (7), as the case may be, the applicant
concerned may apply afresh in terms of section nine or ten. (9) In considering a fresh application
referred to in subsection (8), the examiner concerned shall abide by the decision of— (a) the
magistrate in terms of subsection (5); or (b) the judge or court in terms of subsection (7); as
the case may be. 13 Certain drivers to produce special medial certificates (1) In this section—
“special medical certificate” means a certificate on the prescribed form referred to in subsection (5).
“Government medical officer” means a medical practitioner in the employment of the State. (2) This
section shall not apply to— (c) the holder of a foreign drivers licence entitled to drive a motor
vehicle in Zimbabwe by virtue of his foreign drivers licence and to whom a drivers licence has not been
issued, merely by reason of the fact that he is over such age as may be prescribed; or
(d) any police officer, member of the Defence Forces, inspecting officer or examiner who
drives or supervises the driving of an omnibus or passenger public service vehicle in the normal course
of his duties; or (e) any person who is licensed to drive any class of omnibus or passenger
public service vehicle in any state, territory or province outside Zimbabwe while he is driving within
Zimbabwe an omnibus or passenger public service vehicle of the same class which is registered in such
state, territory or province. (3) For the purposes of this section, the validity of a special medical
certificate shall expire on such anniversary of the date on which the special medical certificate was
issued as may be prescribed: Provided that a further special medical certificate issued during the period
of three months immediately preceding the date of expiry of a current special medical certificate held by
the person to whom the further special medical certificate is issued shall expire on such anniversary of
such date as may be prescribed. (4) Notwithstanding anything contained in this Part, no person shall
drive on a road— (a) an omnibus or passenger public service vehicle; or (b) in the
case of a person who is over such age as may be prescribed, a motor vehicle; unless his licence bears an
endorsement— (i) made in terms of subsection (6); and (ii) showing that there is in
force a special medical certificate relating to him; and (iii) where he is driving an omnibus or
commuter omnibus, showing that the special medical certificate was issued by a Government medical
officer.