• Specific Year
    Any

ROAD TRAFFIC ACT 1961 - SECT 168

ROAD TRAFFIC ACT 1961 - SECT 168

168—Power of court to make orders relating to licences or registration

        (1)         A court that convicts a person of—

            (a)         an offence against this Act relating to motor vehicles; or

            (b)         an offence (under this Act or any other Act or law) in the commission of which a motor vehicle was used or the commission of which was facilitated by the use of a motor vehicle,

may do one or more of the following:

            (c)         order that the person be disqualified from holding or obtaining a driver's licence for a period fixed by the court or until further order;

            (d)         order that the person so disqualified be not, at the end of the period of disqualification or on the removal of the disqualification, granted a driver's licence until the person passes a driving test as prescribed by section 79A of the Motor Vehicles Act 1959 ;

            (e)         order that a driver's licence held by the person be modified for a period fixed by the court or until further order;

            (f)         order that the registration of the motor vehicle concerned under the Motor Vehicles Act 1959 be suspended for a period fixed by the court or until further order, or be cancelled;

            (g)         order that the person, and any associate of the person, be disqualified from obtaining registration of the motor vehicle concerned as an owner or operator under the Motor Vehicles Act 1959 for a period fixed by the court or until further order.

        (2)         If a court considers that another person who is not present in court may be substantially affected by an order under this section, the court may issue a summons to the other person to show cause why the order should not be made.

        (2a)         An order under this section operates by force of this Act and takes effect either immediately or from a later specified date.

        (3)         If an order is made requiring a person disqualified under this section to pass a driving test before being granted a driver's licence, the disqualification continues, subject to subsection (4), until the expiration or removal of the disqualification.

        (4)         Despite anything in this Act or in the Motor Vehicles Act 1959 a person—

            (a)         may drive a motor vehicle for the purpose of being tested under an order made under subsection (1), despite a disqualification from holding or obtaining a driver's licence; and

            (b)         will for all purposes be taken to be the holder of a driver's licence while being so tested.

        (5)         If a court has ordered that a person be disqualified from holding or obtaining a driver's licence (whether the order was made in relation to an offence under this Act or any other Act or law), the Governor may remove the disqualification from such date as the Governor may specify.