ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 28
ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 28
28 . When application can be made
(1) In this section
—
disqualified means disqualified from holding or
obtaining a driver’s licence.
(2) Subject to
subsection (3), an application cannot be made to, or heard by, any court
—
(a)
within 4 months after the applicant has been disqualified —
(i)
on conviction of an offence that is a second or
subsequent offence against the Road Traffic Act 1974 section 63; or
(ii)
under the Road Traffic Act 1974 section 64AB(2)(b) or
(c); or
(iii)
on conviction of an offence that is a second or
subsequent offence against the Road Traffic Act 1974 section 67, 67AA(1) or
67AD(6);
or
(b) if
the applicant has previously been convicted of an offence under the
Road Traffic Act 1974 section 64, 64B(3), 67AD(4) or 67A — within 3
months after the applicant has been disqualified —
(i)
on conviction of an offence that is a first offence
against the Road Traffic Act 1974 section 63; or
(ii)
under the Road Traffic Act 1974 section 64AB(2)(a); or
(iii)
on conviction of an offence that is a first offence
against the Road Traffic Act 1974 section 67, 67AA(1) or 67AD(6);
or
(c)
within 3 months after the applicant has been disqualified under the
Road Traffic Act 1974 section 64(2)(b), 64B(3) or 67AD(4) after a third or
subsequent conviction of that offence; or
(d)
within 3 months after the applicant has been disqualified under the
Road Traffic Act 1974 section 67A(3)(b) on conviction of an offence that is a
third or subsequent offence for the purposes of the Road Traffic Act 1974
section 67A(3); or
(e)
within 2 months after the applicant has been disqualified under the
Road Traffic Act 1974 section 64(2)(b), 64B(3) or 67AD(4) after a second
conviction of that offence; or
(f) if
the applicant has previously been convicted of an offence under the
Road Traffic Act 1974 section 67A or 67AD(4) — within 2 months after the
applicant has been disqualified under the Road Traffic Act 1974
section 64(2)(b) or 64B(3); or
(g)
within 2 months after the applicant has been disqualified under the
Road Traffic Act 1974 section 67A(3)(b) on conviction of an offence that is a
second offence for the purposes of the Road Traffic Act 1974 section 67A(3);
or
(h)
within 21 days after the applicant has been disqualified in any case not
referred to in paragraph (a), (b), (c), (d), (e), (f) or (g).
(3) A period referred
to in subsection (2) in relation to an offence is to be reduced by any period
during which the applicant was disqualified by a disqualification notice given
to the applicant under the Road Traffic Act 1974 section 71C in relation to
the offence.
(4) For the purposes
of this section any period during which the applicant was imprisoned is not to
be taken into account in determining whether a period of time has elapsed.
[Section 28 amended: No. 51 of 2010 s. 22; No. 27
of 2020 s. 50.]