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Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 No , 2008 A Bill for An Act to amend the Road Transport (Driver Licensing) Act 1998 and various regulations with respect to the demerit points system applying to New South Wales drivers.
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill Clause 1 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Road Transport (Driver Licensing) Amendment 3 (Demerit Points System) Act 2008. 4 2 Commencement 5 This Act commences on a day or days to be appointed by proclamation. 6 3 Amendment of Road Transport (Driver Licensing) Act 1998 No 99 7 The Road Transport (Driver Licensing) Act 1998 is amended as set out 8 in Schedule 1. 9 4 Amendment of Road Transport (Driver Licensing) Regulation 2008 10 The Road Transport (Driver Licensing) Regulation 2008 is amended as 11 set out in Schedule 2. 12 5 Amendment of Road Transport (General) Regulation 2005 13 The Road Transport (General) Regulation 2005 is amended as set out 14 in Schedule 3. 15 6 Repeal of Act 16 (1) This Act is repealed on the day following the day on which all of the 17 provisions of this Act have commenced. 18 (2) The repeal of this Act does not, because of the operation of section 30 19 of the Interpretation Act 1987, affect any amendment made by this Act. 20 Page 2
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Amendment of Road Transport (Driver Licensing) Act 1998 Schedule 1 Schedule 1 Amendment of Road Transport (Driver 1 Licensing) Act 1998 2 (Section 3) 3 [1] Part 2, Division 2, Subdivision 1, heading 4 Insert before section 14: 5 Subdivision 1 Demerit points register and offences 6 [2] Section 14 Demerit points register 7 Omit section 14 (3) and (4). Insert instead: 8 (3) Demerit points incurred by a person for an offence for which 9 demerit points may be incurred under this Act or the regulations 10 are to be recorded in the demerit points register in respect of the 11 day on which the offence was committed. 12 [3] Part 2, Division 2, Subdivision 2, heading 13 Insert before section 16: 14 Subdivision 2 Consequences for unrestricted licence 15 holders who incur demerit points 16 [4] Section 16, heading 17 Omit the heading. Insert instead "Suspension of licence". 18 [5] Section 16 (1) 19 Omit the subsection. 20 [6] Section 16 (2) 21 Omit "holder of a driver licence (not being a provisional or learner licence)". 22 Insert instead "holder of an unrestricted driver licence". 23 [7] Sections 16 (2) and 16A (1), notes 24 Omit the notes. 25 [8] Section 16 (3) (b) 26 Omit "section 14 (4)". Insert instead "sections 16AA (2)". 27 Page 3
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Schedule 1 Amendment of Road Transport (Driver Licensing) Act 1998 [9] Section 16 (6) 1 Omit "the person's driver licence is suspended for the period applicable under 2 this section from". 3 Insert instead "all driver licences held by the person are suspended for the 4 period applicable under this section on and from". 5 [10] Sections 16 (8) and 16A (5) (a) and (7) 6 Omit "from" wherever occurring. Insert instead "on and from". 7 [11] Section 16 (9) 8 Omit "the person's driver licence". 9 Insert instead "all driver licences held by the person". 10 [12] Section 16 (11) 11 Insert "or section 16A (1)" after "subsection (2)". 12 [13] Section 16AA 13 Insert before section 16A: 14 16AA Consequences in relation to licence applications 15 (1) Demerit points recorded against a person must be taken into 16 account if the person subsequently obtains or applies for a driver 17 licence within 3 years of the date of the offence for which the 18 demerit points are incurred. 19 (2) For the purposes of subsection (1), if a person applies for a driver 20 licence (including for the renewal of a licence) having incurred 21 12 or more demerit points within a 3 year period ending on the 22 day on which the applicant last committed an offence for which 23 demerit points have been recorded against the applicant: 24 (a) the Authority may refuse the person's application and take 25 action under section 16A, or 26 (b) the Authority may grant the licence and take action under 27 section 16. 28 [14] Section 16A, heading 29 Omit the heading. Insert instead "Licence ineligibility". 30 [15] Section 16A (8) (a) 31 Omit "the person's driver licence". 32 Insert instead "all driver licences held by the person". 33 Page 4
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Amendment of Road Transport (Driver Licensing) Act 1998 Schedule 1 [16] Section 16A (8) (b) 1 Omit the paragraph. Insert instead: 2 (b) all driver licences held by the person are suspended for that 3 period on and from the date specified in the notice. 4 [17] Section 16A (10) 5 Omit the subsection. Insert instead: 6 (10) Despite subsections (6) and (9), demerit points incurred by a 7 person: 8 (a) after the person is served with a notice of licence 9 ineligibility but before the licence ineligibility takes effect, 10 or 11 (b) if the person makes an election in accordance with 12 subsection (7), after the person is served with the notice of 13 licence ineligibility and before the 12 months' period of 14 good behaviour begins, 15 are not taken to be deleted under this section when the licence 16 ineligibility takes effect or period of good behaviour begins and 17 are to be taken into account for the purposes of subsection (1) or 18 section 16 (2) from the end of the licence ineligibility or period 19 of good behaviour. 20 [18] Section 16A (11) 21 Omit "subsection (7) or (10)". Insert instead "subsection (6) or (9)". 22 [19] Part 2, Division 2, Subdivision 3 23 Omit section 17. Insert instead: 24 Subdivision 3 Consequences for learner or provisional 25 licence holders who incur demerit points 26 17 Threshold number of demerit points for learner or provisional 27 licence holders 28 In this Subdivision, the threshold number of demerit points is: 29 (a) for the holder of a learner licence or a provisional P1 30 licence, 4 or more demerit points, and 31 (b) for the holder of a provisional P2 licence, 7 or more 32 demerit points. 33 Page 5
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Schedule 1 Amendment of Road Transport (Driver Licensing) Act 1998 17A Consequences generally 1 If the holder of a learner licence or a provisional licence incurs 2 the threshold number of demerit points within the 3 year period 3 ending on the day on which the person last committed an offence 4 for which demerit points have been recorded against the person, 5 the Authority may: 6 (a) issue a notice of suspension or cancellation of licence 7 under section 17B, or 8 (b) if the person subsequently applies for a driver licence: 9 (i) refuse the application and issue a notice of licence 10 ineligibility under section 17C, or 11 (ii) (if the driver licence applied for is a learner or 12 provisional licence) grant the licence and issue a 13 notice of suspension or cancellation of licence under 14 section 17B. 15 17B Suspension or cancellation of licence 16 (1) The Authority may give a notice of licence suspension or 17 cancellation to the holder of a learner licence or a provisional 18 licence who incurs the threshold number of demerit points within 19 the 3 year period ending on the day on which the person last 20 committed an offence for which demerit points have been 21 recorded against the person. 22 (2) A notice of licence suspension must specify the date on which the 23 suspension is to take effect and any driver licence to which the 24 notice applies, and must contain any other matters specified by 25 the regulations. The date specified must not be earlier than 26 28 days after the notice is given. 27 (3) If a person is served with a notice of licence suspension under this 28 section, all driver licences held by the person in relation to which 29 the threshold number of demerit points is the same or lower than 30 the number of demerit points taken into account for the purposes 31 of the notice, are suspended on and from the date, and for the 32 period, specified in the notice. 33 (4) On the commencement of a period of suspension, all demerit 34 points recorded in the demerit points register against the person 35 at the date of the notice, and taken into account for the purpose of 36 the notice, are taken to be deleted. 37 (5) Nothing in subsection (4) prevents the Authority from retaining 38 records of deleted demerit points incurred by any person. 39 Page 6
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Amendment of Road Transport (Driver Licensing) Act 1998 Schedule 1 (6) The regulations may make provision for or with respect to the 1 following matters: 2 (a) notices of cancellation to holders of learner licences or 3 provisional licences who incur the threshold number of 4 demerit points, 5 (b) the circumstances in which the Authority may issue a 6 notice of cancellation to holders of learner licences or 7 provisional licences who incur the threshold number of 8 demerit points, 9 (c) prescribing the driver licences held by a person that may be 10 cancelled as a consequence of incurring demerit points the 11 subject of a notice of cancellation served on the person, 12 (d) the deletion of demerit points recorded in the demerit 13 points register against a person on cancellation of the 14 person's licence. 15 17C Licence ineligibility 16 (1) The Authority may give a notice of licence ineligibility to the 17 applicant for a licence (including a provisional licence or learner 18 licence) who incurs the threshold number of demerit points 19 within the 3 year period ending on the day on which the person 20 last committed an offence for which demerit points have been 21 recorded against the person. 22 (2) However, the Authority may not give a person both a notice of 23 licence ineligibility and a notice of licence suspension or 24 cancellation under section 17B in respect of the same 3 year 25 period. 26 (3) The notice of licence ineligibility must specify the date on which 27 the ineligibility is to take effect (not being a date that is earlier 28 than the date on which the notice is given), the period of 29 ineligibility and any licence to which the notice applies, and must 30 contain any other matters specified by the regulations. If the 31 notice is delivered to the applicant personally, the specified date 32 is taken to be the date on which it is so delivered unless the notice 33 provides for a later date. 34 (4) Except as provided by subsection (5), a person who has been 35 served with a notice of licence ineligibility under this section is 36 not entitled to apply for or be issued with any driver licence on 37 and from the date, and for the period, specified in the notice. 38 Page 7
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Schedule 1 Amendment of Road Transport (Driver Licensing) Act 1998 (5) Subsection (4) does not prevent a person served with a notice of 1 licence ineligibility under this section who holds a driver licence 2 of a licence class different from that the subject of the application 3 in relation to which the notice is given, from applying for or being 4 issued with: 5 (a) a renewal of that licence, or 6 (b) a higher grade of that class of licence. 7 (6) On the commencement of an ineligibility period, all demerit 8 points recorded in the demerit points register against the person 9 at the date of the notice, and taken into account for the purpose of 10 the notice, are taken to be deleted. 11 (7) Nothing in subsection (6) prevents the Authority from retaining 12 records of deleted demerit points incurred by any person. 13 (8) In this section, a reference to a grade of driver licence is a 14 reference to a learner licence, a provisional P1 licence, a 15 provisional P2 licence or an unrestricted licence (ordered from 16 lowest to highest). 17 [20] Part 2, Division 2, Subdivision 4 18 Insert before section 18: 19 Subdivision 4 General matters relating to demerit points 20 17D Determining demerit thresholds where combined licences 21 (1) If a person holds 2 classes of driver licence and a different 22 threshold number of demerit points applies to each of those 23 licences: 24 (a) demerit points incurred on the licence to which the higher 25 threshold applies may be counted only towards the 26 threshold applying to that licence, and 27 (b) demerit points incurred on the licence to which the lower 28 threshold applies may be counted towards either threshold. 29 (2) If a person holds 2 classes of driver licence and the same 30 threshold number of demerit points applies to both of those 31 licences, demerit points incurred on either licence may be 32 counted towards the threshold. 33 (3) If a person who makes an election in accordance with section 34 16 (8) or 16A (7) holds 2 classes of driver licence, demerit points 35 incurred on either licence may be counted towards the threshold 36 number of demerit points referred to in section 16 (9) or 16A (8), 37 respectively. 38 Page 8
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Amendment of Road Transport (Driver Licensing) Act 1998 Schedule 1 (4) For the purposes of subsections (1) and (2), the threshold number 1 of demerit points applying to a licence is: 2 (a) for an unrestricted licence, the threshold of 12 or more 3 demerit points applying to the holder of an unrestricted 4 licence under Subdivision 2, and 5 (b) for a learner, provisional P1 or provisional P2 licence, the 6 threshold applying to the holders of those licences under 7 Subdivision 3. 8 [21] Section 18, heading 9 Omit the heading. Insert instead "Demerit point penalties". 10 [22] Section 18 (1) 11 Omit "section 16". Insert instead "section 16 or 17B". 12 [23] Section 33 Cancellation or suspension of driver licence by Authority 13 Omit section 33 (1) (a) and (b). Insert instead: 14 (a) the holder pays the whole or any part of the penalty 15 specified in a penalty notice issued to the holder in respect 16 of the offence, or 17 (b) the holder has not paid the penalty specified in the penalty 18 notice issued to the holder in respect of the offence and has 19 not elected to have the matter dealt with by a court, and the 20 time for the holder to have the matter so dealt with has 21 lapsed. 22 [24] Section 33A Effect of expiry of driver licence during suspension period 23 Omit "section 16, 16A". 24 Insert instead "the regulations or section 16, 16A, 17B". 25 [25] Schedule 3 Savings, transitional and other provisions 26 Insert at the end of clause 1 (1): 27 Road Transport (Driver Licensing) Amendment (Demerit 28 Points System) Act 2008 29 Page 9
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Schedule 1 Amendment of Road Transport (Driver Licensing) Act 1998 [26] Schedule 3, Part 5 1 Insert at the end of Schedule 3: 2 Part 5 Provisions consequent on enactment of 3 Road Transport (Driver Licensing) 4 Amendment (Demerit Points System) Act 5 2008 6 13 Interpretation 7 (1) In this Part: 8 amending Act means the Road Transport (Driver Licensing) 9 Amendment (Demerit Points System) Act 2008. 10 (2) In this Part, a reference to an old provision is a reference to that 11 provision as in force before its amendment or substitution by the 12 amending Act and a reference to a new provision is a reference to 13 that provision as amended, substituted or inserted by the 14 amending Act. 15 14 Existing suspensions 16 A notice of suspension given under old section 17 and in force 17 immediately before the commencement of new section 17B is 18 taken to be a notice of suspension given under new section 17B. 19 15 Demerit points incurred for offences already committed 20 Demerit points incurred by the holder of a provisional licence for 21 offences committed before the commencement of new 22 Subdivision 3 of Division 2 of Part 2, and not taken into account 23 for the purposes of old section 16, 16A or 17 before that 24 commencement, may be taken into account for the purposes of 25 new section 16, 16A or 17B but not new section 17C. 26 16 Validation 27 Anything done or omitted to be done before the commencement 28 of the amendments made by Schedule 1 [9][12] and [15][17] 29 and [20] to the amending Act that would have been valid had 30 those amendments been in force when it was done or omitted to 31 be done is validated. 32 Page 10
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Amendment of Road Transport (Driver Licensing) Act 1998 Schedule 1 [27] Dictionary 1 Insert in alphabetical order: 2 provisional P1 licence means: 3 (a) a provisional licence issued in accordance with clause 4 20 (1) of the Road Transport (Driver Licensing) 5 Regulation 2008, or 6 (b) any class of licence prescribed by the regulations under 7 this Act that replaces any such licence. 8 provisional P2 licence means: 9 (a) a provisional licence issued in accordance with clause 10 27 (1) of the Road Transport (Driver Licensing) 11 Regulation 2008, or 12 (b) any class of licence prescribed by the regulations under 13 this Act that replaces any such licence. 14 Page 11
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Schedule 2 Road Transport (Driver Licensing) Regulation 2008 Schedule 2 Road Transport (Driver Licensing) 1 Regulation 2008 2 (Section 4) 3 [1] Clause 25 Demerit points and speeding offences--eligibility for 4 provisional P2 or unrestricted licence 5 Omit clause 25 (a). 6 [2] Clause 30 Demerit points and speeding offences--eligibility for 7 unrestricted licence 8 Omit clause 30 (a). 9 [3] Clause 42 Suspended or disqualified persons not eligible 10 Insert after clause 42 (1): 11 (1A) Despite subclause (1), a person who is issued a notice of licence 12 suspension under Division 2 of Part 2 of the Act is not eligible to 13 apply for a driver licence on and from the date the notice is issued 14 until: 15 (a) if the notice is issued under section 16 (2) of the Act and 16 the person elects to be of good behaviour under section 17 16 (8) of the Act, the time that the person so elects, or 18 (b) if the person makes no such election or the notice is issued 19 under section 16 (9), 16A (8) or 17B (1) of the Act, the end 20 of the licence suspension. 21 [4] Clause 42 (4) and (5) 22 Omit the subclauses. Insert instead: 23 (4) A person whose licence is suspended under section 16, 16A or 24 17B of the Act and who (before the expiration of the period of 25 licence suspension) is subsequently disqualified from driving, 26 remains ineligible to apply for a driver licence, after the period of 27 disqualification ends, for a further period equivalent to the 28 unexpired portion of the period of licence suspension. 29 [5] Clause 54 Application for surrender of driver licence 30 Omit "17 or" wherever occurring in clause 54 (3) (b) and (c). 31 Insert instead "17B or". 32 Page 12
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Road Transport (Driver Licensing) Regulation 2008 Schedule 2 [6] Schedule 1 National schedule of demerit point offences 1 Insert "learner licence or" before "provisional P1 licence" wherever occurring 2 in Column 2 in the matter relating to Rule 20 of the Road Rules 2008, being 3 Rule 20 (except in a school zone or where the applicable speed limit is 4 specified by rule 241, 242, 243 or 244) and Rule 20 (in school zone, 5 except where the applicable speed limit is specified by rule 241, 242, 243 6 or 244). 7 [7] Schedule 2 Additional demerit point offences 8 Insert "(1)," after "rule 241" wherever occurring in Column 1 in the matter 9 relating to Rule 20 of the Road Rules 2008, being Rule 20 (where the 10 applicable speed limit is specified by rule 241 (2) or (3), except in a school 11 zone) and Rule 20 (in a school zone where the applicable speed limit is 12 specified by rule 241 (2) or (3)). 13 [8] Schedule 2 14 Omit "speed limit for provisional driver:" wherever occurring in Column 2 in 15 the matter relating to Rule 20 of the Road Rules 2008, being Rule 20 (where 16 the applicable speed limit is specified by rule 241 (2) or (3), except in a 17 school zone) and Rule 20 (in a school zone where the applicable speed limit is 18 specified by rule 241 (2) or (3)). 19 Insert instead "speed limit for learner or provisional driver:". 20 [9] Schedule 2 21 Omit "otherwise than by the holder of a provisional P1 licence" wherever 22 occurring in Column 2 in the matter relating to Rule 20 of the Road Rules 23 2008, being Rule 20 (where the applicable speed limit is specified by rule 241 24 (2) or (3), except in a school zone) and Rule 20 (in a school zone where the 25 applicable speed limit is specified by rule 241 (2) or (3)). 26 Insert instead "in the case of the holder of a provisional P2 licence". 27 [10] Schedule 2 28 Omit "in the case of the holder of a provisional P1 licence" wherever occurring 29 in Column 2 in the matter relating to Rule 20 of the Road Rules 2008, being 30 Rule 20 (where the applicable speed limit is specified by rule 241 (2) or (3), 31 except in a school zone) and Rule 20 (in a school zone where the applicable 32 speed limit is specified by rule 241 (2) or (3)). 33 Insert instead "in the case of the holder of a learner licence or provisional 34 P1 licence". 35 Page 13
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Schedule 2 Road Transport (Driver Licensing) Regulation 2008 [11] Schedule 2 1 Insert "learner licence or" before "provisional P1 licence" wherever occurring 2 in Column 2 in the matter relating to Rule 20 of the Road Rules 2008, being 3 Rule 20 (where the applicable speed limit is specified by rule 243). 4 Page 14
Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill 2008 Road Transport (General) Regulation 2005 Schedule 3 Schedule 3 Road Transport (General) Regulation 1 2005 2 (Section 5) 3 [1] Clause 18 Appeals concerning driver licensing 4 Omit "17 or" from clause 18 (1) (c). 5 [2] Clause 18 (1) (c1) 6 Insert after clause 18 (1) (c): 7 (c1) a decision to give the person a notice of licence suspension 8 under section 17B (1), or a notice of licence ineligibility 9 under section 17C (1), of the Road Transport (Driver 10 Licensing) Act 1998, 11 Page 15
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