ROAD TRAFFIC ACT 1961 - SECT 45B
ROAD TRAFFIC ACT 1961 - SECT 45B
45B—Power of police to impose licence disqualification or suspension
(1) Subject to this
section, a police officer may give a person a notice of licence
disqualification or suspension that includes the prescribed particulars
if—
(a) the
police officer reasonably believes that the person has committed an offence
against section 45A; or
(b) the
person has been given an expiation notice for an offence against
section 79B constituted of being the owner of a vehicle that appears from
evidence obtained through the operation of a photographic detection device to
have been involved in the commission of an offence against section 45A.
(2) If a person is
given a notice of licence disqualification or suspension under
subsection (1)—
(a) in
the case of a person who does not hold a driver's licence—the person is
disqualified from holding or obtaining a driver's licence for the
relevant period; or
(b) in
the case of a person who holds a driver's licence—the person's driver's
licence is suspended for the relevant period.
(3) The Commissioner
of Police must ensure that prescribed particulars of a notice of licence
disqualification or suspension given to a person under this section are
forwarded to the Registrar of Motor Vehicles.
(4) The Registrar of
Motor Vehicles must, on receiving particulars of a notice of licence
disqualification or suspension from the Commissioner of Police, send, by post,
a notice to the person of the name and address specified by the Commissioner
containing the prescribed particulars of the notice of licence
disqualification or suspension.
(5) The operation of a
notice of licence disqualification or suspension is not affected by any
failure to comply with subsection (4).
(a) a
period of licence disqualification or suspension has applied to a person as a
result of the person having been given a notice of licence disqualification or
suspension under this section; and
(b) a
court convicts the person of the offence in relation to which the notice was
given or another offence arising out of the same course of conduct; and
(c) a
mandatory minimum period of disqualification would (apart from this
subsection) be required to be imposed for the offence,
then—
(d) the
court must order that the person be disqualified from holding or obtaining a
driver's licence for a period determined by the court (and if the person is
the holder of a driver's licence, the disqualification operates to cancel the
licence from the commencement of that period); and
(e)
despite any other provision of this or any other Act, the court must, in
determining the period, take into account the period of licence
disqualification or suspension that has applied to the person as a result of
the notice and may impose a period that is less than the mandatory minimum
period of disqualification (provided that the period imposed is not less than
the difference between the mandatory minimum and the period that has applied
as a result of the notice).
(8) Subject to
subsection (9), no compensation is payable by the Crown or a police
officer in respect of the exercise, or purported exercise, of powers under
this section.
(9)
Subsection (8) does not protect a police officer from liability in
respect of the exercise, or purported exercise, of powers otherwise than in
good faith.
(10) For the purposes
of this section—
(a) the
"relevant period" commences—
(i)
in the case of a notice given to a person who has been
given an expiation notice for an offence against
section 79B—28 days after the notice of licence
disqualification or suspension is given to the person; or
(ii)
in any other case—at the time at which the person
is given the notice of licence disqualification or suspension or, if a police
officer referred to in subsection (1) is satisfied that, in the
circumstances, it would be appropriate to postpone the commencement of the
relevant period and the notice indicates that the commencement is to be
postponed, 48 hours after the time at which the person is given the
notice;
(b) the
"relevant period" ends—
(i)
when proceedings for the offence to which the notice
relates are determined by a court or are withdrawn or otherwise discontinued;
or
(ii)
in any event—at the end of 6 months from the
commencement of the relevant period.
(11) A regulation made
before the commencement of this subsection prescribing the form of a notice of
licence disqualification or suspension under this section or varying such a
form is declared to be, and to have always been, valid.
(12) A notice given to
a person by a police officer before the commencement of this subsection that
purported to be a notice of licence disqualification or suspension under this
section is declared to be, and to have always been, valid if the notice
includes the prescribed particulars and was given in the circumstances
specified in subsection (1).
(13) If the
Commissioner of Police is satisfied that a notice of licence disqualification
or suspension under this section should not have been given because—
(a) the
notice has been given to a particular person in error; or
(b) the
notice is defective; or
(c)
there is other proper cause for which the notice should not have been given,
the Commissioner may authorise the withdrawal of the notice.
(14) A withdrawal
referred to in subsection (13) is effected by giving notice of the
withdrawal, in a manner and form determined by the Commissioner, to the person
to whom the notice of licence disqualification or suspension was given.
(15) The notice of
withdrawal must specify the reason for withdrawal.
(16) If a notice of
licence disqualification or suspension under this section is withdrawn, the
Commissioner of Police may, if satisfied that there are proper grounds to give
a fresh notice of licence disqualification or suspension to any person, give
such a notice.