ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 25 Disqualification for certain major offences

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 25

25 Disqualification for certain major offences

(cf Traffic Act, s 10A)

(1) Definitions In this section:

"automatic disqualification" means a disqualification under this section from holding a driver licence without specific order of a court.

"convicted person" means:

(a) a person who is, in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the person at the time of the occurrence out of which the death of or harm to the other person arose, convicted of:

(i) the crime of murder or manslaughter, or

(ii) an offence under section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900 , or

(b) a person who is convicted of an offence under section 51A of the Crimes Act 1900 , or

(c) a person who is convicted of an offence under any of the following provisions:

(i) 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,

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

(iii) section 43 of the Road Transport (Safety and Traffic Management) Act 1999 ,

(iv) section 9 (1A), (1), (2) (a) or (b), (3) (a) or (b), (4) (a) or (b) or section 15 (4) or 16 of the Road Transport (Safety and Traffic Management) Act 1999 ,

(v) section 22 (2) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(vi) section 12 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(vii) section 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(viii) section 70 of the Road Transport (Safety and Traffic Management) Act 1999 , or

(d) a person who is convicted of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any such crime or offence.

"conviction" means the conviction in respect of which a person is a convicted person.

"ordered disqualification" means disqualification under this section from holding a driver licence that is ordered by a court.

(2) Disqualification if no previous major offence If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is not or has not been convicted of any other major offence (whether of the same or a different kind):

(a) where the conviction is for an offence under section 9 (1A), (1) or (2) of the Road Transport (Safety and Traffic Management) Act 1999 :

(i) the person is automatically disqualified for 6 months from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 3 months) of disqualification--the person is disqualified from holding a driver licence for such shorter period as may be specified in the order, or

(b) where the conviction is for an offence under section 9 (3) or 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 :

(i) the person is automatically disqualified for 12 months from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or

(c) where the conviction is for an offence under section 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999 :

(i) the person is automatically disqualified for 3 years from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or

(d) where the conviction is for any other offence:

(i) the person is automatically disqualified for a period of 3 years from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order.

(3) Disqualification if previous major offence If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is or has been convicted of one or more other major offences (whether of the same or a different kind):

(a) where the conviction is for an offence under section 9 (1A), (1) or (2) of the Road Transport (Safety and Traffic Management) Act 1999 :

(i) the person is automatically disqualified for 12 months from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or

(b) where the conviction is for an offence under section 9 (3) or 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 :

(i) the person is automatically disqualified for 3 years from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or

(c) where the conviction is for an offence under section 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999 :

(i) the person is automatically disqualified for 5 years from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order, or

(d) where the conviction is for any other offence:

(i) the person is automatically disqualified for 5 years from holding a driver licence, or

(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 2 years) or longer period of disqualification--the person is disqualified from holding a driver licence for such period as may be specified in the order.

(4) Calculation of disqualification periods in case of multiple offences If 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, the following provisions apply:

(a) for the purpose of ascertaining which of subsections (2) and (3) should apply in relation to any such conviction:

(i) the other of those convictions are to be disregarded, and

(ii) subsection (2) or (3) (as the case may require) is, accordingly, to be the applicable subsection, and

(b) the maximum period of automatic disqualification in respect of all those crimes or offences is to be:

(i) if subsection (2) is applicable--3 years, or

(ii) if subsection (3) is applicable--5 years, and

(c) any minimum period of ordered disqualification is, in respect of those crimes or offences, to be disregarded to the extent that the total period of ordered and (where relevant) automatic disqualification would exceed:

(i) where subsection (2) is applicable--12 months, or

(ii) where subsection (3) is applicable--2 years.

However, nothing in paragraph (c) prevents the court, if it thinks fit, from making any order it could have made if that paragraph had not been enacted.

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

(6) Relationship to Subdivision 2 This section has effect subject to the provisions of Subdivision 2.