205Immediate suspension of
licence in certain circumstances
(cf former Act, s 34)
(1)
If a person is charged by a police officer
with:
(a)
an offence involving the death of, or grievous
bodily harm to, another person caused by the use of a motor vehicle, being an
offence that comprises:
(i)
the crime of murder or manslaughter,
or
(ii)
an offence under section 33, 35 (1) (b), 52A or
54 of the Crimes Act 1900,
or
(b)
an offence under section 9 (3) or (4), 15 (4), 16
or 22 (2) of the Road Transport (Safety and Traffic
Management) Act 1999,
the same or another police officer may, at any time
within 48 hours after the person has been charged, give the person a
suspension notice.
(1A)
If it appears to a police officer that a person
has committed an offence under the Road Transport
(Safety and Traffic Management) Act 1999 (other than a
camera recorded offence within the meaning of section 179 of this Act) of
exceeding a speed limit prescribed under that Act by more than 45 kilometres
per hour, the same or another police officer may, at any time within 48 hours
of:
(a)
the person being served with a penalty notice for
the offence, or
(b)
the person being charged with the
offence,
give the person a suspension
notice.
(2)
For the purposes of this section, a suspension notice is a notice, in a
form approved by the Authority:
(a)
if the person is charged with an offence referred
to in subsection (1) or (1A)—informing the person that any driver
licence held by the person is suspended from a date specified in the notice,
or (if the notice so specifies) immediately on receipt of the notice, until
the charge is heard and determined by a court (or until the charge is
withdrawn), and
(b)
if the person is served with a penalty notice for
an offence referred to in subsection (1A)—informing the person that any
driver licence held by the person is suspended from a date specified in the
notice, or (if the notice so specifies) immediately on receipt of the notice,
until whichever of the following happens first:
(i)
a period of 6 months elapses after the date on
which the offence is alleged to have been committed,
(ii)
if the person elects to have the matter
determined by a court in accordance with Part 3 of the Fines
Act 1996—the matter is heard and determined by a
court or a decision is made not to take or continue proceedings against the
person,
(iii)
a decision is made not to enforce the penalty
notice, and
(c)
informing the person of the right of appeal under
section 242, and
(d)
requiring the person:
(i)
to surrender any such licence, by a date
specified in the notice, to a police officer, or
(ii)
if the notice so specifies—to surrender any
such licence in the person’s possession immediately to the police
officer who gave the person the notice.
(3)
Any driver licence held by a person to whom a
suspension notice is given is suspended in accordance with the terms of the
notice.
(4)
Particulars of each suspension notice given under
this section are to be forwarded to the Authority immediately after the notice
is given.
(5)
A person who is given a suspension notice must
surrender his or her driver licence in compliance with the
notice.
Maximum penalty: 20 penalty
units.
(6)
If, on the determination of the charge by a
court, the person is disqualified from holding or obtaining a licence for a
specified time:
(a)
the court must take into account the period of
suspension under this section when deciding whether to make any order under
section 188, and
(b)
to the extent (if any) that the court so orders,
a suspension under this section may be regarded as satisfying all or part of
any mandatory minimum period of disqualification required by that section to
be imposed when the charge is proved.
(7)
For the purposes of this section:
(a)
a person is charged with an offence when
particulars of the offence are notified in writing to the person by a police
officer, and
(b)
a charge is withdrawn when the person charged is
notified in writing of that fact by a police officer or when it is withdrawn
before the court, and
(c)
a charge is determined by a court when the
offence is proved or the court attendance notice is dismissed,
and
(d)
a decision is made not to take or continue
proceedings against a person when the person is notified in writing of that
fact by a police officer or when the proceedings are discharged by the court,
and
(e)
a decision is made not to enforce a penalty
notice in relation to a person when the person is notified in writing of that
fact by:
(i)
a police officer, or
(ii)
an appropriate officer for the penalty notice
within the meaning of Part 3 of the Fines Act
1996, or
(iii)
a member of staff of the State Debt Recovery
Office.
(8)
In this section:
grievous
bodily harm has the same meaning as it has in the Crimes Act
1900.
s 205: Am 2005 No 11,
Sch 3.33 [6]–[9].
206Suspension of driving
privileges of visiting driver
(cf former Act, s 35)
(1)
In this section:
authorised visiting driver means a
person:
(a)
who is not the holder of a driver licence issued
in New South Wales, and
(b)
who, being the holder of a licence or permit
issued in a place outside New South Wales, has the benefit of any provision of
the road transport legislation conferring on the person authority to drive in
New South Wales.
grievous
bodily harm has the same meaning as it has in the Crimes Act 1900.
suspension notice, in relation to an
authorised visiting driver who is charged with an offence referred in
subsection (2) or (2A), or served with a penalty notice for an offence
referred to in subsection (2A), means a notice, in a form approved by the
Authority:
(a)
if the driver is charged with an offence referred
to in subsection (2) or (2A)—informing the driver that the
driver’s authority to drive in New South Wales is suspended from a date
specified in the notice, or (if the notice so specifies) immediately on
receipt of the notice, until the charge is heard and determined by a court (or
until the charge is withdrawn), and
(b)
if the driver is served with a penalty notice for
an offence referred to in subsection (2A)—informing the driver that the
driver’s authority to drive in New South Wales is suspended from a date
specified in the notice, or (if the notice so specifies) immediately on
receipt of the notice, until whichever of the following happens first:
(i)
6 months elapses after the date on which the
offence is alleged to have been committed,
(ii)
if the driver elects to have the matter
determined by a court in accordance with Part 3 of the Fines
Act 1996—the matter is heard and determined by a
court or a decision is made not to take or continue proceedings against the
driver,
(iii)
a decision is made not to enforce the penalty
notice, and
(c)
informing the driver of the right of appeal under
section 242.
(2)
If an authorised visiting driver is charged by a
police officer with:
(a)
an offence involving the death of, or grievous
bodily harm to, another person caused by the use of a motor vehicle, being an
offence that comprises:
(i)
the crime of murder or manslaughter,
or
(ii)
an offence under section 33, 35 (1) (b), 52A or
54 of the Crimes Act 1900,
or
(b)
an offence under section 9 (3) or (4), 15 (4), 16
or 22 (2) of the Road Transport (Safety and Traffic
Management) Act 1999,
the same or another police officer may, at any time
within 48 hours after the authorised visiting driver has been charged, give
the authorised visiting driver a suspension notice.
(2A)
If it appears to a police officer that an
authorised visiting driver has committed an offence under the Road Transport (Safety and Traffic Management) Act
1999 (other than a camera recorded offence within the
meaning of section 179 of this Act) by exceeding a speed limit prescribed
under that Act by more than 45 kilometres per hour, the same or another police
officer may, at any time within 48 hours of:
(a)
the authorised visiting driver being served with
a penalty notice for the offence, or
(b)
the authorised visiting driver being charged with
the offence,
give the authorised visiting driver a suspension
notice.
(3)
Any authority of a person to whom a suspension
notice is given to drive in New South Wales is suspended in accordance with
the terms of the notice.
(4)
Particulars of each suspension notice given under
this section are to be forwarded to the Authority immediately after the notice
is given.
(5)
For the purposes of this section:
(a)
a person is charged with an offence when
particulars of the offence are notified in writing to the person by a police
officer, and
(b)
a charge is withdrawn when the person charged is
notified in writing of that fact by a police officer or when it is withdrawn
before the court, and
(c)
a charge is determined by a court when the
offence is proved or the court attendance notice is dismissed,
and
(d)
a decision is made not to take or continue
proceedings against a person when the person is notified in writing of that
fact by a police officer or the proceedings are discharged by the court,
and
(e)
a decision is made not to enforce a penalty
notice in relation to a person when the person is notified in writing of that
fact by:
(i)
a police officer, or
(ii)
an appropriate officer for the penalty notice
within the meaning of Part 3 of the Fines Act
1996, or
(iii)
a member of staff of the State Debt Recovery
Office.
s 206: Am 2005 No 11,
Sch 3.33 [10]–[14].