Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 42

    (1)     This section applies if—

        (a)     a corporation is the registered operator of a motor vehicle; and

        (b)     an infringement notice has been served on the corporation by an authorised person for a demerit points offence involving the motor vehicle; and

        (c)     the infringement notice has not been withdrawn; and

        (d)     the corporation has failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the motor vehicle at the time of the demerit points offence; and

        (e)     in relation to at least 1 previous demerit points offence involving a corporation's motor vehicle, the corporation failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the motor vehicle at the time of that demerit points offence.

    (2)     The road transport authority must—

        (a)     send the corporation a written notice (a suspension warning notice ) containing the following information:

              (i)     the particulars of the demerit points offence, including the infringement notice penalty for the offence and the additional penalty stated in the reminder notice (if any), and the infringement notice and reminder notice (if any) for the offence, to which the suspension warning notice relates;

              (ii)     a statement to the effect that if the corporation continues to fail to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation's motor vehicle involved in the offence by a stated date (the suspension date ), the authority will take suspension action on the suspension date;

              (iii)     any information prescribed by regulation;

              (iv)     any other information the road transport authority considers appropriate; and

        (b)     if in response to the suspension warning notice, the corporation fails to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation's motor vehicle involved in the offence, before the suspension date—take the following action (the "suspension action") on the suspension date:

              (i)     if the motor vehicle involved in the offence is registered in the ACT—suspend the vehicle's registration;

              (ii)     if the motor vehicle involved in the offence is registered in another jurisdiction—suspend the right of everyone to drive the motor vehicle in the ACT;

              (iii)     if the corporation has sold, transferred or otherwise disposed of its interest in the motor vehicle involved in the offence—

    (A)     suspend the registration of another of the corporation's vehicles (the other motor vehicle ); or

    (B)     if the other motor vehicle is registered in another jurisdiction—suspend the right of everyone to drive the other motor vehicle in the ACT.

    (3)     The suspension date must be at least 10 days after the suspension warning notice is sent to the corporation.

    (4)     If the road transport authority takes suspension action, the authority must send the corporation a notice (a suspension confirmation notice ) including statements about the following:

        (a)     the suspension date;

        (b)     the action taken on the suspension date;

        (c)     when the suspension ends;

        (d)     any information prescribed by regulation;

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

    (5)     The suspension action takes effect—

        (a)     on the suspension date; or

        (b)     if any other suspension action has been taken against the corporation under another provision of the road transport legislation—when that other suspension action ends.

    (6)     A suspension ends on the earliest of the following:

        (a)     6 months after the day the suspension action takes effect;

        (b)     the day the corporation gives the administering authority the information it needs to identify and locate the individual who was in possession or control of the corporation's motor vehicle at the time of the demerit points offence;

        (c)     the day the registration of the corporation's motor vehicle is transferred under the Road Transport (Vehicle Registration) Act 1999

to another person and the corporation no longer has any interest in the motor vehicle.