Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(1) If the road transport authority proposes to vary, suspend or cancel a person's driver licence (the proposed action ) on its own initiative, the authority must give the person a written notice stating—
(a) the proposed action; and
(b) if the proposed action is to vary the licence—the proposed variation; and
(c) if the proposed action is to suspend the licence—the proposed suspension period; and
(d) the grounds for the proposed action; and
(e) any action that must be taken by the person to avoid or reverse the proposed action; and
(f) the date when the variation, suspension or cancellation takes effect (the date of effect ); and
(g) whether and, if so, by when the person is required to return the licence to the authority if the proposed action takes effect.
(2) The notice must also state that, unless the notice is revoked by the road transport authority before the date of effect—
(a) if the proposed action is to vary the person's driver licence—the person must not drive a motor vehicle of a stated kind on a road or road related area on or after the date of effect; or
(b) if the proposed action is to suspend the person's driver licence—the person must not drive a motor vehicle on a road or road related area for the period of suspension stated in the notice; or
(c) if the proposed action is to cancel a person's driver licence—the person must not drive a motor vehicle on a road or road related area on or after the date of effect.
(3) The notice may, but need not, provide an opportunity for the person to make representations about why the proposed action should not be taken.
(4) The date of effect must not be earlier than 14 days after the notice is given to the person.
(5) However, the road transport authority may decide that the variation, suspension or cancellation is to take effect on a date not earlier than the date when the notice is given to the person if the authority proposes to vary, suspend or cancel the person's driver licence on the ground that—
(a) the person does not have sufficient driving ability or knowledge of safe driving practices or road law to hold a driver licence or a driver licence of the class or kind applied for; or
(b) the person does not comply with the required medical standards; or
(c) the person has failed to comply with a requirement under this regulation to—
(i) undergo a test or assessment of the person's driving ability or knowledge of safe driving practices or road law; or
(ii) undergo a medical examination by a doctor or allied professional practitioner; or
(iii) provide any documents in the person's possession or control relevant to the person's medical fitness to hold a driver licence or a driver licence of a particular class or kind; or
(d) the person has failed to comply with a requirement under this regulation to provide information about—
(i) an illness, injury or incapacity suffered by the person; or
(ii) the effects on the person of treatment (including the taking of a drug) for an illness, injury or incapacity suffered by the person; or
(e) the person has not complied with any requirements of a law of any jurisdiction relating to the assessment, treatment, supervision or education of drivers convicted or found guilty of offences involving alcohol or drugs that apply to the person.
Note See s 15 for the meaning of required medical standards .
(6) A person must not, without reasonable excuse, fail to return his or her driver licence to the road transport authority in accordance with a requirement under subsection (1) (g).
Maximum penalty: 20 penalty units.
(7) If the road transport authority varies a person's driver licence under this section, the authority must issue a varied driver licence to the person.
(8) A driver licence issued to a person under subsection (7) must be issued for the remainder of the period of the driver licence that it replaces.
(9) This section does not apply to the making of a condition variation.
Note Condition variations are made under div 3.9.