ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 16A Licence ineligibility

This legislation has been repealed.

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 16A

16A Licence ineligibility

(1) Licence ineligibility for demerit points The Authority may give a notice of licence ineligibility to the applicant for a licence (not being a provisional licence or learner licence) who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.

(2) However, the Authority may not give a person both a notice of licence ineligibility and a notice of licence suspension under section 16 in respect of the same 3 year period.

(3) The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given) and must contain any other matters specified by the regulations. If the notice is delivered to the applicant personally, the specified date is taken to be the date on which it is so delivered unless the notice provides for a later date.

(4) The period of licence ineligibility under subsection (1) is the period applicable under the following table:

Table Licence ineligibility for demerit points

Column 1	Column 2
Number of demerit points incurred within previous 3 years	Period of licence ineligibility
13 (or 14 in the case of a professional driver) to 15	3 months
16 to 19	4 months
20 or more	5 months

(5) If a person who has been served with a notice of licence ineligibility does not make an election under subsection (7), the person is not entitled:

(a) to be issued with a driver licence for the ineligibility period applicable under this section on and from the date specified in the notice, and

(b) to apply for a driver licence for that period.

(6) On the commencement of an ineligibility period or a period of good behaviour (see subsection (7)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.

(7) Alternative to ineligibility A person who incurs at least 13 demerit points (or in the case of a professional driver 14 demerit points) within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person may notify the Authority in a form approved by the Authority that he or she elects, as an alternative to undergoing the ineligibility period, to be of good behaviour for a period of 12 months on and from the day on which the licence ineligibility would otherwise have had effect.

(8) If a person who makes an election in accordance with subsection (7) incurs 2 or more demerit points during the 12 months' good behaviour period:

(a) the Authority must give the person a notice suspending all driver licences held by the person, commencing on a day specified in the notice, for twice the period that would have applied to the person under this section if the person had not made the election, and

(b) all driver licences held by the person are suspended for that period on and from the date specified in the notice.

(9) On the commencement of the period of suspension referred to in subsection (8), all demerit points recorded in the demerit points register against the person at the date of the notice, and taken into account for the purpose of the notice, are taken to be deleted.

(10) Despite subsections (6) and (9), demerit points incurred by a person:

(a) after the person is served with a notice of licence ineligibility but before the licence ineligibility takes effect, or

(b) if the person makes an election in accordance with subsection (7), after the person is served with the notice of licence ineligibility and before the 12 months' period of good behaviour begins,

are not taken to be deleted under this section when the licence ineligibility takes effect or period of good behaviour begins and are to be taken into account for the purposes of subsection (1) or section 16 (2) from the end of the licence ineligibility or period of good behaviour.

(11) Nothing in subsection (6) or (9) prevents the Authority from retaining records of deleted demerit points incurred by any person.