ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 36 Downgrading of driver licences

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 36

36 Downgrading of driver licences

(cf Traffic Act, s 11AE)

(1) If a driver licence is cancelled as a special measure and the offence or offences (or alleged offence or offences) that gave rise to the cancellation arose wholly or mainly out of the use of a motor vehicle or trailer of a class prescribed for the purposes of this section, the Authority may issue the former licensee with another driver licence in substitution for the cancelled driver licence that does not authorise the driving of motor vehicles or trailers of that class.

(2) For the purposes of this section, a driver licence is cancelled as a special measure if it is cancelled by:

(a) the operation of the road transport legislation as a result of the imposition on the licensee of a period of disqualification from holding a driver licence, or

(b) the Authority under the Road Transport (Driver Licensing) Act 1998 because of:

(i) the licensee's driving record of offences or alleged offences, or

(ii) an alleged speeding offence referred to in section 33 of the Road Transport (Driver Licensing) Act 1998 .

(3) The regulations may make provision for or with respect to the exercise by the Authority of its power under this section.

(4) Nothing in this section:

(a) limits any discretion of the Authority under the road transport legislation to decline to issue a driver licence to a person or cancel a driver licence, or

(b) permits the issue of any driver licence to a person who for the time being is disqualified from holding one.