Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 28

Power of court to cancel, suspend or vary licences and permits

28. Power of court to cancel, suspend or vary licences and permits





(1) If a court convicts a person of, or is satisfied that a person is guilty
of, an offence against this Act or of any other offence in connection with the
driving of a motor vehicle, the court-

   (a)  in the case of an offence of driving a motor vehicle at a speed-

   (i)  of 130 kilometres per hour or more; or

   (ii) of 25 kilometres per hour or more in excess of that permitted, whether
        generally or in relation to the particular vehicle or circumstances-
        must suspend for such time as the court thinks fit (not being less
        than the period specified in Column 2 of Schedule 5 ascertained by
        reference to the speed at which the vehicle was driven as specified in
        Column 1 of that Schedule), all driver licences and permits held by
        that person; and

   (b)  in any case but subject to paragraph (a), may suspend for such time as
        it thinks fit or cancel all driver licences and permits held by that
        person and, whether or not that person holds a driver licence,
        disqualify him or her from obtaining one for such time (if any) as the
        court thinks fit.

(1A) Subsection (1) does not affect the obligation of a court to cancel a
licence or permit and disqualify the offender in any case in which
cancellation and disqualification are mandatory under this Act.



(1B) If a court convicts a person of, or is satisfied that a person is guilty
of, an offence-

   (a)  that is constituted by, or that has as a necessary element, the breach
        of a mass, dimension or load restraint limit or requirement; and

   (b)  where the breach is committed in respect of a heavy vehicle-

in addition to anything the court may do under subsection (1)(b), the court
may vary any driver licence or permit held by the person.

(2) If the court is satisfied that the circumstances of the case are so
unusual as to warrant it, an order made under subsection (1)(b) may be limited
in its application to a category or categories of motor vehicles and such an
order has effect according to its terms and this section applies to such an
order with such modifications as are necessary.

(3) A court must cause particulars of an order made under subsection (1) to be
sent immediately to the Corporation.

(4) If under subsection (1) a court disqualifies a person from obtaining a
driver licence for any time without expressly cancelling any driver licence or
permit held by that person, any driver licence or permit held by that person
is, unless the order specifies otherwise, to be taken to have been cancelled
by that order.

(5) Subsection (1) does not apply to an offence under section 56(7) unless the
court is satisfied that the person convicted or found guilty of the offence
had less than 3 hours before the time of the offence driven or been in charge
(within the meaning of Part 5) of a motor vehicle.



* * * * *

(7) A driver licence or permit cancelled by a court is of no effect and a
person whose licence or permit is cancelled is (without affecting the power of
the court to impose a longer period) disqualified from obtaining a further
licence or permit for the period specified by the court or, if no period is
specified, for 3 months.



* * * * *

Note A period during which a licence or permit is cancelled or suspended under
this section is in addition to, and does not count as part of, a period of
suspension under section 25 (see section 25(4C) and (4D)).