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MOTOR VEHICLES ACT 1959 - SECT 81BA

MOTOR VEHICLES ACT 1959 - SECT 81BA

81BA—Safer Driver Agreements

        (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—

                  (i)         28 days after—

                        (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.

        (4)         If—

            (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 .