ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2000 - REG 47 Circumstances in which court may give order authorising issue of restricted
ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2000 - REG 47
Circumstances in which court may give order authorising issue of restricted licence(1) The Magistrates Court may make an order authorising the road transport authority to issue a restricted licence to a person only if the person establishes that there are exceptional circumstances justifying the issue of the licence.
(2) In deciding whether exceptional circumstances exist, the court must have regard to the following:
(a) the person's history of offences (including offences for which infringement notices were served on the person)—
(i) against the road transport legislation or a law of another jurisdiction corresponding to it (or to any provision of it); or
(ii) against another law of any jurisdiction in relation to the use of motor vehicles;
(b) any relevant rehabilitation or remedial action undertaken, or to be undertaken, by the person;
(c) the risk to the safety of other road users;
(d) the likelihood that the person, or anyone else affected by the outcome of the application, would suffer or incur any inconvenience or loss (actual or potential) that would be unreasonable if a restricted licence were not to be issued to the person;
(e) whether it would be unreasonable for the person to use an alternative means of transport, including public transport, if a restricted licence were not to be issued to the person;
(f) the likelihood of the person's health, or the health of a dependant of the person, suffering or being put at risk if a restricted licence were not to be issued to the person;
(g) the likelihood of the person complying with any conditions of a restricted licence.
Note An infringement notice includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence (see “b title="A1999-78">the Act
, dict, def infringement notice ).
(3) Subsection (2) does not limit the matters to which the court may have regard.