Retaining licence

Question

I am in an extremely frustrating situation. I did my driving license in 1993, in 1999 i exchange my SA license to a UK one as i was living in the UK for almost 6 years. My UK license is valid till 2011, however i returned to SA in December 2004, on my arrival no one at the passport control mentioned to me that i only have a year to exchange my UK drivers back to an SA one. Long story made short, i thought since my license is valid till 2011 when i went to the traffic department last year i was told its invalid as passport control must have informed me to change my license in the year i returned and that i would now have to redo everything, learn etc etc. I have spent so much money, i have now gone for my learners, and failed my first driving test on a slight roll of my car in parking! I have never in my life seen anyone drive with the K53 sequence, because if they did i think there would be hundred more accidents on the road because no one would be looking were they are driving. I am now so frustrated with this money making scheme. I have never had an accident and am a good driver. I would like to know how all these taxi drivers get there licenses, because there is just no way they would pass. I am now fed up and not willing to waste any more money on tests or lessons. If there really is no way to exchange my valid UK license to SA then i think its better to drive without! I think in SA as long as you have a valid drivers license of any country you should be able to exchange your license to an SA one any time during the validity of the license. I was even told by the traffic department to fly back to the UK and return and then i could exchange my license and i would have a year to exchange after my return!!! How crazy is that.

Answer

Your frustration can be understood, as you missed two opportunities to retain your previous driving licences:
 1. Apply for conversion of your South African driving licence which was in your ID, before 30 April 2003 (Section 18(6)) or
 2. Apply for conversion of your UK driving licence within before December 2005, a year after your return (Regulation 110(3)).

The law is applicable to a person regardless of him / her being informed about the content or not. Holders of valid foreign driving licences are indeed allowed to drive on the public road, but must not be ordinarily resident in South Africa at the time of obtaining that licence and is required to convert such licence within the year after obtaining permanent residence. Actual driver behaviour is not influenced by the validity of the driving licence the person holds. Driver license testing attempts to assess the ability of the applicant to understand and obey the rules of the road and to deter persons without this assessed knowledge from driving. Merely flying to the UK and back will not make the UK licence valid for conversion again as you have to stay in the foreign country for a substantial period.

Your only option within the legal framework is to pass your driving licence test.