Note— This Act and the regulations made under it form part of the road transport legislation identified by section 5 of the. Other road transport legislation includes the Road Transport (General) Act 1999 , the Road Transport (General) Act 1999 , the Road Transport (Safety and Traffic Management) Act 1999 , the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the regulations made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (Vehicle Registration) Act 1997 concerning the administration and enforcement of the road transport legislation generally. Road Transport (General) Act 1999
(1) The Authority must maintain a demerit points register in accordance with this Act and the regulations. (2) The Authority must record, in the demerit points register, against a person the number of demerit points specified in the regulations if the person:
(a) is convicted, or found guilty, of an offence specified in the national schedule of demerit points or any other offence specified in the regulations, or recognised, under section 15, or (b) pays the whole or any part of the penalty specified in a penalty notice issued to the person in respect of the offence, or (c) has not paid the penalty specified in a penalty notice issued to the person in respect of the offence, the person has not elected to have the matter dealt with by a court and the time for the person to have the matter so dealt with has lapsed.
(1) (2) Licence suspension for demerit points The Authority must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 12 or more demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person. (3) Despite subsection (2), the Authority is not required to take action under that subsection if it is of the opinion:
(a) that it would be unreasonable to do so, having regard to the date when any relevant offence was committed, or (b) it would be more appropriate for the person to be dealt with under sections 16AA (2) and 16A. (4) The notice of licence suspension must specify the date on which the suspension is to take effect and must contain any other matters specified by the regulations. The date specified must not be earlier than 28 days after the notice is given. (5) The period of licence suspension under subsection (2) is the period applicable under the following table:
Licence suspension for demerit points |
Number of demerit points incurred within previous 3 years Period of licence suspension |
12 to 15 3 months |
16 to 19 4 months |
20 or more 5 months
(1) Licence ineligibility for demerit points The Authority may give a notice of licence ineligibility to the applicant for a licence (not being a provisional licence or learner licence) who incurs 12 or more demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person. (2) However, the Authority may not give a person both a notice of licence ineligibility and a notice of licence suspension under section 16 in respect of the same 3 year period. (3) The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given) and must contain any other matters specified by the regulations. If the notice is delivered to the applicant personally, the specified date is taken to be the date on which it is so delivered unless the notice provides for a later date. (4) The period of licence ineligibility under subsection (1) is the period applicable under the following table: Table Licence ineligibility for demerit points
|
Column 1 Column 2 |
Number of demerit points incurred within previous 3 years Period of licence ineligibility |
12 to 15 3 months |
16 to 19 4 months |
20 or more 5 months
(1) The Authority may give a notice of licence suspension or cancellation to the holder of a learner licence or a provisional licence who incurs the threshold number of demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person. (2) A notice of licence suspension must specify the date on which the suspension is to take effect and any driver licence to which the notice applies, and must contain any other matters specified by the regulations. The date specified must not be earlier than 28 days after the notice is given.
(1) The Authority may give a notice of licence ineligibility to the applicant for a licence (including a provisional licence or learner licence) who incurs the threshold number of demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person. (2) However, the Authority may not give a person both a notice of licence ineligibility and a notice of licence suspension or cancellation under section 17B in respect of the same 3 year period. (3) The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given), the period of ineligibility and any licence to which the notice applies, and must contain any other matters specified by the regulations. If the notice is delivered to the applicant personally, the specified date is taken to be the date on which it is so delivered unless the notice provides for a later date.
(1) If a person holds 2 classes of driver licence and a different threshold number of demerit points applies to each of those licences:
(a) demerit points incurred on the licence to which the higher threshold applies may be counted only towards the threshold applying to that licence, and (b) demerit points incurred on the licence to which the lower threshold applies may be counted towards either threshold.
(1) A period of licence suspension under section 16 or 17B is in addition to any period of licence suspension imposed under another law of this State.
(1) The regulations are to provide for a system of licensing drivers of motor vehicles that are used on roads or road related areas that:
(a) provides a means of authorising the driving of motor vehicles on roads and road related areas, and (b) enables the identification of persons as licensed drivers of motor vehicles.
(1) In this Part, an approved interlock installer means a person approved in writing by the Authority as a person who may install and remove approved interlock devices in motor vehicles for the purposes of this Part.
(1) The Authority must establish a scheme under which persons seeking to gain the use of, or who are using, approved interlock devices may obtain financial assistance for the installation, removal or maintenance of such devices.
(1) A person must not, unless exempted by the regulations:
(a) drive a motor vehicle on any road or road related area without being licensed for that purpose, or (b) employ or permit any person not so licensed to drive a motor vehicle on any road or road related area. Maximum penalty: 20 penalty units. (2) A person who has never been licensed must not, unless exempted by the regulations, drive a motor vehicle on any road or road related area without being licensed for that purpose. Maximum penalty: 20 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for a period 18 months or both (in the case of a second or subsequent offence). (3) If a person is convicted of an offence under subsection (2) (being a second or subsequent offence), the person is disqualified by the conviction (and without any specific order) for a period of 3 years from holding a driver licence. The disqualification is in addition to any penalty imposed for the offence. Note— Section 189 of the provides for the effect of a disqualification (whether or not by order of a court). Road Transport (General) Act 2005
(1) A person who is disqualified by or under any Act from holding or obtaining a driver licence must not:
(a) drive a motor vehicle on a road or road related area during the period of disqualification, or (b) make an application for a driver licence during the period of disqualification and in respect of the application state his or her name falsely or incorrectly or omit to mention the disqualification. Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence). (1A) Subsection (1) does not apply to a driver of a motor vehicle in relation to a period of disqualification the commencement and completion dates of which have been altered by operation of section 188A of the unless the Authority has given written notice of the altered dates to the driver before the driver is alleged to have driven the vehicle. Road Transport (General) Act 2005 Note— Section 239 of the (and regulations made for the purposes of that section) provide for the service and giving of documents to persons under the road transport legislation, which includes this Act. Road Transport (General) Act 2005 (2) A person whose driver licence is suspended (otherwise than under section 66 of the ) must not: Fines Act 1996
(a) drive on a road or road related area a motor vehicle of the class to which the suspended driver licence relates, or (b) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application state his or her name falsely or incorrectly or omit to mention the suspension. Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence). (3) A person whose application for a driver licence is refused or whose driver licence is cancelled (otherwise than under section 66 of the ) must not: Fines Act 1996
(a) drive on a road or road related area a motor vehicle of the class to which the cancelled licence or the refused application related without having subsequently obtained a driver licence for a motor vehicle of that class, or (b) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence or the refused application related and in respect of the application state his or her name falsely or incorrectly or omit to mention the cancellation or refusal. Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence). (3A) A person whose driver licence is suspended or cancelled under section 66 of the must not: Fines Act 1996
(a) in the case of a suspended licence:
(i) drive on a road or road related area a motor vehicle of the class to which the suspended driver licence relates, or (ii) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application state his or her name falsely or incorrectly or omit to mention the suspension, or (b) in the case of a cancelled licence:
(i) drive on a road or road related area a motor vehicle of the class to which the cancelled licence related without having subsequently obtained a driver licence for a motor vehicle of that class, or (ii) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence related and in respect of the application state his or her name falsely or incorrectly or omit to mention the cancellation. Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(1) A driver licence may be cancelled or suspended by the Authority because of an alleged speeding offence, if, in respect of the alleged offence:
(a) the holder pays the whole or any part of the penalty specified in a penalty notice issued to the holder in respect of the offence, or (b) the holder has not paid the penalty specified in the penalty notice issued to the holder in respect of the offence and has not elected to have the matter dealt with by a court, and the time for the holder to have the matter so dealt with has lapsed. (2) The Authority may decide to cancel or suspend a driver licence under this section without the holder having been provided an opportunity to show cause why the licence should not be cancelled or suspended.
(Section 37)