ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 30 Period of disqualification of habitual traffic offender

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 30

30 Period of disqualification of habitual traffic offender

(cf Traffic Act, s 10EA (4)-(7) and (10)-(13))

(1) If a person is declared by section 28 to be an habitual traffic offender, the person is disqualified by the declaration (and without any specific order of a court) for a period of 5 years from holding a driver licence, except as provided by this Division.

(2) If the court that convicts the person of the offence giving rise to the declaration thinks fit, the court may order a longer period of disqualification (including disqualification for life).

(3) If the court that convicts the person of the offence giving rise to the declaration determines that a 5-year disqualification is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case, the court may order a shorter period of disqualification (but not shorter than 2 years).

(4) If a court orders a shorter or longer period of disqualification, the court must state its reasons for doing so.

(5) A declaration of an habitual traffic offender ceases to be in force when the period of disqualification imposed by the declaration is completed.

(6) The period of any disqualification under this Division does not commence until all other disqualifications, and all other periods of licence cancellation or suspension, imposed on the person by or under this or any other Act have been completed.

(7) Further declarations have effect under this Division even though they occur while an existing declaration is in force, and the consequent periods of disqualification do not commence until all existing disqualifications under this Division have been completed. It does not matter that some of the relevant offences giving rise to a further declaration also gave rise to an earlier declaration.

(8) If, while an existing disqualification under this Division is in force, the person is disqualified by a court or automatically under another provision of this or any other Act, that further disqualification does not commence until all existing disqualifications under this Division have been completed.

(9) Any period for which a stay of execution is in force under section 63 of the Crimes (Local Courts Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.