Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (DRIVER LICENSING) (NO. 78 OF 1999) - SECT 21

Good behaviour alternative to licence ineligibility (NSW s 16A (7)-(11))

(1)     If a person is served with a notice of licence ineligibility under section 20, the person may elect, as an alternative to undergoing the period of licence ineligibility applying under the notice, to be of good behaviour for 12 months beginning on the day when the period of licence ineligibility would otherwise have begun.

(2)     The election must be made by notice given to the road transport authority before the period of licence ineligibility begins.

(3)     If the person makes the election and incurs 2 or more demerit points during the 12 months good behaviour period, the road transport authority must serve a notice of licence suspension on the person under this section.

(4)     The notice of licence suspension—

        (a)     must state the date of the notice; and

        (b)     must state the date, not earlier than 21 days after the notice is served on the person, when the suspension of the person's driver licence is to begin (the date of effect ); and

        (c)     must state the period of licence suspension; and

        (d)     must include any other information required under the regulations; and

        (e)     may include any additional information the road transport authority considers appropriate.

(5)     The period of licence suspension is the period, beginning on the date of effect, that is twice as long as the period of licence ineligibility that would have applied to the person if the person had not made the election.

(6)     If the person is served with a notice of licence suspension under this section, the person's driver licence is suspended for the period of licence suspension.

(7)     A person whose driver licence is suspended under this section is not entitled to apply for, or be issued with, a restricted licence during the suspension period.

(8)     At the beginning of the period of licence suspension under this section, all demerit points recorded in the demerit points register on the date of the notice of licence suspension under this section, and taken into account for the notice, are taken to be deleted.

(9)     Subsection (8) does not prevent the road transport authority keeping records of deleted demerit points.



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