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ROAD TRANSPORT (GENERAL) AMENDMENT ACT 2010 (NO. 39 OF 2010) - SECT 7

Section 84

substitute

84     Suspension of driver licence, registration etc for default of court imposed fine

    (1)     This section applies if the road transport authority is notified under the Crimes (Sentence Administration) Act 2005 , section 116M (1) that a person has defaulted in payment of an outstanding fine.

Note     The Crimes (Sentence Administration) Act 2005 , s 116M (1) requires the chief executive mentioned in that Act to notify the road transport authority if a person has defaulted on a court imposed fine.

    (2)     The road transport authority must—

        (a)     send the person a written notice (a fine enforcement notice ) that contains the information required by subsection (3); and

        (b)     if the outstanding fine is not paid before the enforcement date in the fine enforcement notice—take action under subsection (5) (the fine enforcement action ) on the enforcement date.

    (3)     A fine enforcement notice must state—

        (a)     particulars of the default notice and the reminder notice for the outstanding fine to which the fine enforcement notice relates; and

Note     The Crimes (Sentence Administration) Act 2005 , deals with default notices (see s 116H (1)) and reminder notices (see s 116J (1)).

        (b)     that if the person does not pay the outstanding fine by a stated date (the enforcement date ), the authority will take fine enforcement action on the enforcement date; and

        (c)     any information prescribed by regulation; and

        (d)     any other information that the road transport authority considers appropriate.

    (4)     However, the enforcement date must not be earlier than 10 days after the day the fine enforcement notice is sent to the person.

    (5)     If the road transport authority is required to take fine enforcement action, the authority must—

        (a)     suspend the person's driver licence; or

        (b)     if the person is not the holder of a driver licence but is the sole registered operator of—

              (i)     1 motor vehicle—suspend the registration of the vehicle; or

              (ii)     2 or more motor vehicles—suspend the registration of 1 vehicle for each outstanding fine, starting with the vehicle with the shortest period of registration left; or

        (c)     if the person is not the holder of a driver licence and is not the sole registered operator of a motor vehicle—disqualify the person from obtaining a driver licence.



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