Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 67A

    (1)     This section applies to a person if the person is—

        (a)     disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and

        (b)     a first offender for the offence to which the disqualification relates.

    (2)     Subsection (3) applies to the person if—

        (a)     the person is disqualified from holding or obtaining a driver licence under the Road Transport (Alcohol and Drugs) Act 1977

, section 27 (Automatic driver licence disqualification—first offenders, s 19); and

        (b)     when the person committed the offence the person was either—

              (i)     a special driver with a concentration of alcohol of 0.05g or more in 100mL of the person's blood or 210L of the person's breath; or

              (ii)     a driver other than a special driver with a concentration of alcohol of 0.1g or more in 100mL of the person's blood or 210L of the person's breath when the person committed the offence.

    (3)     The person is not eligible to apply for, or be issued with, a restricted licence during the period of disqualification.

    (4)     Subsection (5) applies to the person if the person is disqualified from holding or obtaining a driver licence under an automatic disqualification provision, other than the Road Transport (Alcohol and Drugs) Act 1977

, section 27.

    (5)     The person is not eligible to apply for, or be issued with, a restricted licence until the end of the minimum period of disqualification applying to the person under the automatic disqualification provision in relation to the offence (whether or not the period is expressed to be such a minimum period).

Examples—minimum periods of disqualification

1     For s 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)).

2     For the Road Transport (Alcohol and Drugs) Act 1977

, s 34A, the minimum disqualification period is 6 months (see that Act

, s 34A (2) (b)).

3     For the Road Transport (Driver Licensing) Act 1999

, s 32 (1), (2) or (3), the minimum period of disqualification is 12 months (see that Act

, s 32 (5) (a)).

Note     The Road Transport (Alcohol and Drugs) Act 1977

, s 27 applies to first offenders and only applies for this section if the offender has a limited concentration of alcohol in their blood or breath. That Act

, s 28 applies to repeat offenders.