Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 62

Automatic disqualification for culpable driving (MTA s 191B)

(1)     If a court convicts a person, or finds a person guilty, of an offence of culpable driving, the person is automatically disqualified from holding or obtaining a driver licence—

        (a)     for a first offender—for 6 months or, if the court orders a longer period, the longer period; or

        (b)     for a repeat offender—for 24 months or, if the court orders a longer period, the longer period.

(2)     If the Magistrates Court commits the person to the Supreme Court for sentence under section 92A of the Magistrates Court Act 1930 , subsection (1) applies as if the Supreme Court had convicted the person.

(3)     If the person is already disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended, the disqualification under this section takes effect at the end of the existing disqualification or suspension.

(4)     A disqualification under this section is in addition to any penalty imposed for the offence.

(5)     For this section—

        (a)     a person who is convicted, or found guilty, of an offence of culpable driving (the current offence ) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence of culpable driving, or an offence to which section 63 applies, within 5 years before being convicted, or found guilty, of the current offence; and

        (b)     a person who is convicted, or found guilty, of an offence of culpable driving is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.



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