Australian Capital Territory Current Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1999 - SECT 21

    (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 a 12-month period.

    (2)     The election must be made by notice given to the road transport authority in the period that—

        (a)     begins on the day the notice of licence ineligibility was served on the person; and

        (b)     ends the day before the person's licence ineligibility ends.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (3)     The 12-month period of good behaviour under this section begins—

        (a)     for a person who makes an election on or before the day on which the period of licence ineligibility is to begin—the day the person's licence ineligibility would have begun; or

        (b)     for a person who makes an election after the day on which the period of licence ineligibility is to begin—the day the authority receives notice of the election.

    (4)     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.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (5)     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 by regulation; and

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

    (6)     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.

    (7)     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.

    (8)     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.

    (9)     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.

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