ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 24 Court may impose penalty and disqualify driver on conviction

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 24

24 Court may impose penalty and disqualify driver on conviction

(cf Traffic Act, s 10)

(1) Subject to section 25 of this Act, section 40 of the Road Transport (Safety and Traffic Management) Act 1999 and sections 25 and 25A of the Road Transport (Driver Licensing) Act 1998 , a court that convicts a person of an offence under the road transport legislation may, at the time of the conviction, order the disqualification of the person from holding a driver licence for such period as the court specifies.

(2) If the court makes an order disqualifying the person, the person is disqualified from holding a driver licence for the period specified by the court.

(3) Any disqualification under this section is in addition to any penalty imposed for the offence.

(4) The regulations may:

(a) provide that any driver licence held by a person (or class of persons) who has been convicted of the offence of driving a motor vehicle on a road or road related area at a speed which is dangerous to the public under the Road Transport (Safety and Traffic Management) Act 1999 or of any other prescribed speeding offence is subject to a speed inhibitor condition, and

(b) provide a penalty for any breach of any such condition, and

(c) prescribe any matter necessary or convenient to be prescribed in relation to devices referred to in the definition of "speed inhibitor condition" in subsection (7).

(5) The court is to cause particulars of each conviction or order under the road transport legislation to be forwarded to the Authority.

(6) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a person is charged before a court with any of the following offences if, at the time of or during the period of 5 years immediately before the court's determination in respect of the charge, that section, or section 556A of the Crimes Act 1900 , is or has been applied to or in respect of the person in respect of a charge for another offence (whether of the same or a different kind) of the class referred to in this subsection:

(a) an offence under section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving negligently (being driving occasioning death or grievous bodily harm),

(b) an offence under section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle on a road or road related area furiously or recklessly or at a speed or in a manner which is dangerous to the public,

(c) an offence under section 9, 12 (1), 15 (4), 16, 43 or 70 of the Road Transport (Safety and Traffic Management) Act 1999 ,

(d) an offence of aiding, abetting, counselling or procuring the commission of any such offence,

(e) an offence referred to in section 10 (5) of the Traffic Act 1909 as in force immediately before its repeal that was committed before that repeal.

(7) In this section:

"road transport legislation" does not include the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or regulations made under that Act.

"speed inhibitor condition" means a condition limiting a driver licence to the driving of a motor vehicle to which is affixed a sealed device that prevents the engine from propelling the vehicle at a speed in excess of 60km/hr.