MOTOR VEHICLES ACT 1959 - SECT 81BA
MOTOR VEHICLES ACT 1959 - SECT 81BA
(1) If a person has
been or is liable to be given a notice of disqualification under
section 81B as a consequence of an offence committed or allegedly
committed while the holder of a provisional licence, the person is entitled to
enter into a Safer Driver Agreement in lieu of suffering the disqualification
if—
(a) the
notice of disqualification related to an offence other than a
serious disqualification offence; and
(b) the
person has not, within the preceding period of 5 years, entered into a
Safer Driver Agreement in lieu of suffering a disqualification; and
(c) the
Magistrates Court has not, within the preceding period of 5 years,
allowed an appeal by the person against a disqualification under
section 81B.
(2) A Safer Driver
Agreement may be entered into by a person as follows:
(a) the
person must give notice to the Registrar, in accordance with the regulations,
of the person's intention to enter into the Safer Driver Agreement—
(i)
within 21 days of the day specified in the notice of
disqualification; or
(ii)
with the permission of the Registrar, within 28 days
of the day specified in the notice of disqualification;
(b) if
the person has given notice in accordance with paragraph (a), the Safer
Driver Agreement will be taken to have been entered into by the person—
(A) if the notice of disqualification was
served personally on the person—the day on which the person was so
served; or
(B) in any other case—the day
specified in the notice of disqualification; or
(ii)
if, on the day referred to in subparagraph (i), the
person is already disqualified from holding or obtaining a licence or
permit—on the termination of that prior disqualification.
(3) If a Safer Driver
Agreement is entered into by a person, the following provisions apply:
(a) any
licence that the person holds is cancelled and the person is, on application
to the Registrar, entitled to a refund as if the person were surrendering the
licence;
(b) the
disqualification is removed and the person is entitled to apply for a licence;
(c)
section 81A applies in relation to the person when applying for the
licence as if, despite the removal of the disqualification, the person had
been disqualified from holding or obtaining a licence as a consequence of the
offence and were making the application at the end of the period of
disqualification.
(a) a
person who holds a provisional licence issued on an application referred to in
subsection (3)(b) commits an offence of contravening a prescribed
condition; or
(b) a
person expiates an offence allegedly committed while the holder of a
provisional licence issued on an application referred to in
subsection (3)(b), being an offence of contravening a prescribed
condition; or
(c) a
person incurs demerit points in respect of an offence committed or allegedly
committed while the holder of a provisional licence issued on an application
referred to in subsection (3)(b), and, in consequence, the total number
of demerit points recorded against the person in respect of offences committed
or allegedly committed while the holder of that licence equals or
exceeds 4,
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 12 months; and
(e)
that, if the person holds any licence when the notice takes effect, the
licence is cancelled.
(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.
(6) In this
section—
"red light offence" has the same meaning as in section 79B of the
Road Traffic Act 1961 ;
"serious disqualification offence" means—
(a) an
offence against the Criminal Law Consolidation Act 1935 ; or
(b) an
offence that attracts 4 or more demerit points; or
(c) a
speeding offence that attracts 3 or more demerit points, if committed by
the holder of a licence who has, while holding that licence, previously been
convicted of, or expiated, another speeding offence that attracted 3 or
more demerit points; or
(d) a
combination of a red light offence and a speeding offence arising out of the
same incident; or
(e) any
offence committed by the holder of a licence who has previously been
disqualified from holding or obtaining a licence or learner's permit in this
State;
"speeding offence" has the same meaning as in section 79B of the
Road Traffic Act 1961 .