ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 35 Suspension of driving privileges of visiting driver

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 35

35 Suspension of driving privileges of visiting driver

(cf Traffic Act, s 10D)

(1) In this section:

"authorised visiting driver" means a person:

(a) who is not the holder of a driver licence issued in New South Wales, and

(b) who, being the holder of a licence or permit issued in a place outside New South Wales, has the benefit of any provision of the road transport legislation conferring on the person authority to drive in New South Wales.

"grievous bodily harm" has the same meaning as it has in the Crimes Act 1900 .

"suspension notice", in relation to an authorised visiting driver who is charged with an offence referred in subsection (2) or (2A), or served with a penalty notice for an offence referred to in subsection (2A), means a notice, in a form approved by the Authority:

(a) if the driver is charged with an offence referred to in subsection (2) or (2A)--informing the driver that the driver's authority to drive in New South Wales is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), and

(b) if the driver is served with a penalty notice for an offence referred to in subsection (2A)--informing the driver that the driver's authority to drive in New South Wales is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:

(i) 6 months elapses after the date on which the offence is alleged to have been committed,

(ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996 --the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the driver,

(iii) a decision is made not to enforce the penalty notice, and

(c) informing the driver of the right of review in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Tribunal Act 1997 or alternative appeal right.

(2) If an authorised visiting driver is charged by a police officer with:

(a) an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises:

(i) the crime of murder or manslaughter, or

(ii) an offence under section 33, 35 (1) (b), 52A or 54 of the Crimes Act 1900 , or

(b) an offence under section 9 (3) or (4), 15 (4), 16 or 22 (2) of the Road Transport (Safety and Traffic Management) Act 1999 ,

the same or another police officer may, at any time within 48 hours after the authorised visiting driver has been charged, give the authorised visiting driver a suspension notice.

(2A) If it appears to a police officer that an authorised visiting driver has committed an offence under the Road Transport (Safety and Traffic Management) Act 1999 (other than a camera recorded offence within the meaning of section 43 of this Act) by exceeding a speed limit prescribed under that Act by more than 45 kilometres per hour, the same or another police officer may, at any time within 48 hours of:

(a) the authorised visiting driver being served with a penalty notice for the offence under Division 1, or

(b) the authorised visiting driver being charged with the offence,

give the authorised visiting driver a suspension notice.

(3) Any authority of a person to whom a suspension notice is given to drive in New South Wales is suspended in accordance with the terms of the notice.

(4) Particulars of each suspension notice given under this section are to be forwarded to the Authority immediately after the notice is given.

(5) For the purposes of this section:

(a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and

(b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and

(c) a charge is determined by a court when the offence is proved or the information is dismissed, and

(d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or the proceedings are discharged by the court, and

(e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by:

(i) a police officer, or

(ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the Fines Act 1996 , or

(iii) a member of staff of the State Debt Recovery Office.