SENTENCING ACT 1995 - SECT 105
SENTENCING ACT 1995 - SECT 105
105 . Driver’s licence disqualification
(1) A court sentencing
an offender for a motor vehicle offence may order that, for a term set by the
court, the offender be disqualified from holding or obtaining a driver’s
licence.
(2) The term is
concurrent with —
(a) any
other term for which the offender’s driver’s licence is or may be
disqualified; or
(b) any
term for which the offender’s driver’s licence is or may be
suspended,
unless the court
orders that the term is to be cumulative on those terms.
(3) The court must
ensure that the details of the motor vehicle offence and the order are made
known to the CEO as defined in the Road Traffic (Administration) Act 2008
section 4.
(4) This section does
not affect —
(a) the
right or duty of a court to disqualify, under a road law as defined in the
Road Traffic (Administration) Act 2008 section 4, a person from holding or
obtaining a driver’s licence as defined in that section;
(b) the
operation of section 18 of the Motor Vehicle (Third Party Insurance) Act 1943
.
(5) In this section
—
driver’s licence has the same definition as
in the Road Traffic (Administration) Act 2008 section 4;
motor vehicle has the same definition as in the
Road Traffic (Administration) Act 2008 section 4;
motor vehicle offence means —
(a) an
offence an element of which is the driving or use of a motor vehicle;
(b)
stealing or attempting to steal or conspiring to steal a motor vehicle;
(c)
receiving or attempting to receive or conspiring to receive a motor vehicle;
(ca) an
offence where —
(i)
a motor vehicle is used in the commission of the offence;
(ii)
the commission of the offence is aided or facilitated by
the use of a motor vehicle;
(d) an
indictable offence (whether it was tried on indictment or not) where —
[(i), (ii) deleted]
(iii)
a motor vehicle is used after the commission of the
offence to provide, or to attempt to provide, a means for the offender to
leave the place of the commission of the offence;
(iv)
a motor vehicle is used by the offender after the
commission of the offence to avoid, or to attempt to avoid, apprehension.
[Section 105 amended: No. 76 of 1996 s. 42; No. 57
of 1999 s. 37; No. 7 of 2002 s. 64; No. 8 of 2012 s. 176.]