MOTOR VEHICLES ACT 1959 - SECT 81B

MOTOR VEHICLES ACT 1959 - SECT 81B

81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions

        (1)         Subject to this section, if—

            (a)         a person who holds a learner's permit, provisional licence or probationary licence commits an offence of contravening a prescribed condition; or

            (b)         a person expiates an offence of contravening a prescribed condition allegedly committed while the holder of a learner's permit, provisional licence or probationary licence; or

            (c)         demerit points are incurred by a person and, in consequence—

                  (i)         the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a learner's permit or provisional licence equals or exceeds 4; or

                  (ii)         the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a probationary licence equals or exceeds 2,

the Registrar must, on becoming aware of that fact, give the person written notice—

            (d)         that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 6 months; and

            (e)         that, if the person holds any permit or licence when the notice takes effect, the permit or licence is cancelled.

        (2)         If the Registrar is required to give a person a notice under subsection (1), the Registrar may, in that notice or by subsequent written notice given to the person, require the person—

            (a)         to attend, within a period specified in the notice, a lecture conducted pursuant to the regulations; and

            (b)         to pay to the Registrar, in accordance with the notice, the attendance fee prescribed by the regulations.

        (3)         A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (2).

Maximum penalty: $750.

        (4)         Notwithstanding the provisions of subsection (1), any notice given to a person under that subsection does not apply in relation to any unconditional licence held or sought by the person if the person held an unconditional licence when the offence giving rise to the notice was committed or allegedly committed.

        (5)         Nothing in this section derogates from any provision of this Act, or any other Act, dealing with disqualification from holding or obtaining permits or licences, or suspension of permits or licences.