Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50

Provisions about cancellation and disqualification

50. Provisions about cancellation and disqualification



(1) On convicting a person to whom section 52 applies, or finding such a
person guilty, of an offence under section 49(1)(b), (f) or (g) the court may
where-





   (a)  the concentration of alcohol-

   (i)  in the blood of that person was less than 0×05 grams per 100
        millilitres of blood; or

   (ii) in the breath of that person was less than 0×05 grams per 210 litres
        of exhaled air- as the case requires; and

   (b)  the offence is a first offence-

if the offender holds a driver licence or permit, cancel that licence or
permit and, whether or not the offender holds a driver licence or permit,
disqualify the offender from obtaining one for such time as the court thinks
fit, not being more than 6 months.

(1A) Subject to subsection (1AB), on convicting a person, or finding a person
guilty, of an offence under section 49(1)(b), (f) or (g) in circumstances in
which subsection (1) does not apply, the court must, if the offender holds a
driver licence or permit, cancel that licence or permit and, whether or not
the offender holds a driver licence or permit, disqualify the offender from
obtaining one for such time as the court thinks fit, not being less than-

   (a)  in the case of a first offence, the period specified in Column 2 of
        Schedule 1 ascertained by reference to the concentration of alcohol in
        the blood or breath of the offender as specified in Column 1 of that
        Schedule; and

   (b)  in the case of a subsequent offence, the period specified in Column 3
        of Schedule 1 ascertained by reference to the concentration of alcohol
        in the blood or breath of the offender as specified in Column 1 of
        that Schedule.

(1AB) If a court finds a person guilty of an offence under section 49(1)(b),
(f) or (g) but does not record a conviction, the court is not required to
cancel a driver licence or permit or disqualify the offender from obtaining
one in accordance with subsection (1A) if it appears to the court that at the
relevant time the concentration of alcohol in the blood or breath of the
offender-

   (a)  in the case of a person previously found guilty of an offence against
        any one of the paragraphs of section 49(1) or any previous enactment
        corresponding to any of those paragraphs or any corresponding law, was
        less than 0×05 grams per 100 millilitres of blood or 210 litres of
        exhaled air (as the case requires); or

   (b)  in any other case, was less than 0×07 grams per 100 millilitres of
        blood or 210 litres of exhaled air (as the case requires).





(1AC) Subsection (1AB)(b) does not apply to a person who, at the time the
offence was committed, was under the age of 26 years.

(1B) On convicting a person, or finding a person guilty, of an offence under
section 49(1)(a), (c), (d) or (e) the court must, if the offender holds a
driver licence or permit, cancel that licence or permit and, whether or not
the offender holds a driver licence or permit, disqualify the offender from
obtaining one for such time as the court thinks fit, not being less than-

   (a)  in the case of a first offence, 2 years; and

   (b)  in the case of a subsequent offence, 4 years.

(1C) On convicting a person, or finding a person guilty of an offence under
section 49(1)(ba), the court must, if the offender holds a driver licence or
permit, cancel that licence or permit and, whether or not the offender holds a
driver licence or permit, disqualify the offender from obtaining one for such
period as the court thinks fit, not being less than-

   (a)  in the case of a first offence, 12 months; and

   (b)  in the case of a subsequent offence, 2 years.

(1D) On convicting a person, or finding a person guilty of an offence under
section 49(1)(ca) or (ea), the court must, if the offender holds a driver
licence or permit, cancel that licence or permit and, whether or not the
offender holds a driver licence or permit, disqualify the offender from
obtaining one for such period as the court thinks fit, not being less than-

   (a)  in the case of a first offence, 2 years; and

   (b)  in the case of a subsequent offence, 4 years.



(1DA) On convicting a person, or finding a person guilty of an offence under
section 49(1)(eb), the court must, if the offender holds a driver licence or
permit, cancel that licence or permit and, whether or not the offender holds a
driver licence or permit, disqualify the offender from obtaining one for such
period as the court thinks fit, not being less than-

   (a)  in the case of a first offence, 6 months; and





   (b)  in the case of a subsequent offence, 12 months.



(1E) On convicting a person, or finding a person guilty of an offence under
section 49(1)(bb), (h) or (i), the court may, if the offender holds a driver
licence or permit, cancel that licence or permit and, whether or not the
offender holds a driver licence or permit, disqualify the offender from
obtaining one for such period as the court thinks fit, not being more than-

   (a)  in the case of a first offence, 6 months; and





   (b)  in the case of a subsequent offence, 12 months.



(2) Any period of suspension imposed on a person under section 51 must be
deducted from the period of disqualification imposed on that person under this
section.

(3) Except on the order of the Magistrates' Court made on an application under
subsection (4), a driver licence or permit must not be issued to a person who
has been disqualified from obtaining one under this section or section 89C
unless-

   (a)  the offence was under section 49(1)(b), 49(1)(f) or 49(1)(g); and

   (b)  the concentration of alcohol-

   (i)  in the blood of that person was less than 0×07 grams per 100
        millilitres of blood; or

   (ii) in the breath of that person was less than 0×07 grams per 210 litres
        of exhaled air- as the case requires; and

   (c)  it was that person's first such offence.

(4) A person to whom subsection (3) applies may, at the end of the period of
disqualification and on giving 28 days written notice of the application and
of the venue of the Court at which it is to be made to the Chief Commissioner
of Police and the appropriate registrar of the Court, apply to the
Magistrates' Court for an order as to the issue of a driver licence or permit.

(4A) If a person applies under subsection (4) for an order and the offence in
respect of which the person was disqualified was-





   (a)  an offence under section 49(1)(b), (f), or (g) which was-

   (i)  a first offence and the level of concentration of alcohol-

                (A)  in that person's blood was 0×15 grams or more per 100
                     millilitres of blood; or

                (B)  in that person's breath was 0×15 grams or more per 210
                     litres of exhaled air- as the case requires; or

   (ii) a subsequent offence; or

   (b)  an offence under section 49(1)(a), (ba), (c), (ca), (d), (e) or (ea)-



the court must have regard to the reports referred to in subsection (4B). Note
In some cases, the court is not required to have regard to the report referred
to in subsection (4B)(a): see section 50AAA(3AA).



(4B) A person who applies for an order under subsection (4) and to whom
subsection (4A)(a) or (4A)(b) applies must obtain from an accredited agency5-





   (a)  at least 12 months (or, if the offence in respect of which the person
        was disqualified was an offence under section 49(1)(ba), (ca) or (ea),
        at least 6 months) before applying for the order, an assessment report
        about the person's usage of alcohol or drugs, as the case requires;
        and

   (b)  within 28 days before applying for the order, a licence restoration
        report.

Note In some cases, the person is not required to obtain the report referred
to in paragraph (a): see section 50AAA(3AA).



(4C) If a person applies under subsection (4) for an order and neither
paragraph (a) nor (b) of subsection (4A) applies, the court may request a
licence restoration report from an accredited agency.

(4D) On an application under subsection (4) the court may, in exceptional
circumstances, reduce the period referred to in subsection (4B)(a).



(5) On an application under subsection (4) the court may make or refuse to
make the order sought, and for the purpose of determining whether or not the
order should be made-

   (a)  the court must hear any relevant evidence tendered either by the
        applicant or by the Chief Commissioner of Police and any evidence of a
        registered medical practitioner required by the court; and



   (b)  without limiting the generality of its discretion, the court must have
        regard to-

   (i)  the conduct of the applicant with respect to intoxicating liquor or
        drugs (as the case may be) during the period of disqualification; and

   (ii) the applicant's physical and mental condition at the time of the
        hearing of the application; and

   (iii) the effect which the making of the order may have on the safety of
        the applicant or of the public; and

   (iv) any licence restoration report obtained under subsection (4B)(b) or
        (4C) and any report obtained under subsection (4B)(a). Note The court
        may, in making the order sought, be permitted or required to direct
        the Corporation to impose an alcohol interlock condition on a driver
        licence or permit granted to the applicant: see section 50AAA.

(6) This section does not apply to a person who is convicted or found guilty
of an accompanying driver offence.