Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 89

Cancellation or suspension of driver licence

89. Cancellation or suspension of driver licence



(1) If a person is found guilty of-

   (a)  manslaughter arising out of the driving of a motor vehicle by the
        offender; or

   (b)  an offence under section 24 of the Crimes Act 1958 in respect of
        serious injury arising out of the driving of a motor vehicle by the
        offender; or

   (c)  an offence under section 318 of the Crimes Act 1958; or



   (d)  an offence under section 319 of the Crimes Act 1958-

the court must, if the offender holds a driver licence, cancel that licence
and, whether or not the offender holds a driver licence, disqualify him or her
from obtaining one for such time (not being less than 18 months, in the case
of an offence under section 319 of the Crimes Act 1958, or 24 months in any
other case) as the court thinks fit and may make a finding that the offence
was committed while the offender was under the influence of alcohol or a drug
which contributed to the offence.

(1A) A period of disqualification under subsection (1) commences on the day
that the order imposing it is made or on such other later day as the court
specifies in the order.

(2) A driver licence must not be issued to a person who has been disqualified
from obtaining one under subsection (1) except on the order of the
Magistrates' Court made on the application of the offender at the end of the
period of disqualification.

(3) A person must give at least 28 days written notice of an application under
subsection (2) to the Chief Commissioner of Police and the registrar at the
proper venue of the Magistrates' Court.

(3A) If-

   (a)  a person applies under subsection (2) for an order as to the issue of
        a driver licence; and

   (b)  the court referred to in subsection (1) has made a finding that the
        offence was committed while the person was under the influence of
        alcohol or a drug which contributed to the offence-

the Magistrates' Court must have regard to the reports referred to in
subsection (3B). Note In some cases, the court is not required to have regard
to the report referred to in subsection (3B)(a): see section 89A(3)(a).

(3B) A person to whom paragraphs (a) and (b) of subsection (3A) apply must
obtain from an accredited agency-

   (a)  at least 12 months before applying for the order under subsection (2),
        an assessment report about the person's use 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 89A(3)(a).





(3C) If a person applies under subsection (2) for an order and there was no
finding referred to in subsection (3A)(b), the Magistrates' Court may request
a licence restoration report from an accredited agency.

(3D) On an application under subsection (2) the court may, in exceptional
circumstances, reduce the period of 12 months referred to in subsection
(3B)(a).

(3E) On an application under subsection (2), the Magistrates' 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 (3B)(b) or
        (3C) and any report obtained under subsection (3B)(a). Note The court
        may, in making the order sought, be permitted or required to direct
        the Roads Corporation to impose an alcohol interlock condition on a
        driver licence granted to the applicant: see section 89A.

(4) If a court finds a person guilty, or convicts a person, of stealing or
attempting to steal a motor vehicle, the court may (in the case of a finding
of guilt) and must (in the case of a conviction)-

   (a)  if the offender holds a driver licence-

   (i)  cancel that licence and, if the court thinks fit, also disqualify him
        or her from obtaining one for such time as it thinks fit; or

   (ii) suspend that licence for such time as it thinks fit; or

   (b)  if the offender does not hold a driver licence, disqualify him or her
        from obtaining one for such time as it thinks fit.