New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 65

65 Variation, suspension or cancellation of driver licence by TfNSW

(cf 2008 Reg cl 55)

(1) Transport for NSW may vary, suspend or cancel a person's driver licence if it appears to Transport for NSW that--

(a) the person has failed or refused to submit to a test or medical examination required under or in accordance with the Act or this Regulation, or has failed such a test or examination, or

(b) it would be dangerous for the person to drive a motor vehicle because of illness or incapacity, or because of the effects of treatment for such conditions, or

(c) the person does not have sufficient driving ability or knowledge of road law, or

(d) the person is not a fit and proper person to hold a driver licence, or

(e) the person has not complied with the requirements of a law applying to licence applicants and relating to the assessment of drivers convicted of offences involving alcohol or drugs in force in the jurisdiction in which the person had last been disqualified from driving, or

(f) the person is no longer eligible, in accordance with the Act or this Regulation, for a particular class or classes of licence, or

(g) the licence was issued or renewed in error, or

(h) the licence is incorrect in any respect, or

(i) a non-cash payment submitted to Transport for NSW as payment of an applicable fee has been dishonoured, or

(j) the person has been convicted in another jurisdiction or another country of any offence which, if the person had been licensed in that jurisdiction or country, would have enabled the driver licensing authority of that jurisdiction or country to vary, suspend or cancel the person's licence, or

(ja) the person's visiting driver privileges in another jurisdiction have been suspended or withdrawn by the driver licensing authority in the jurisdiction, or

(k) the person has failed to comply with a condition of the licence, or

(l) the photograph contained in the licence is no longer a true likeness of the person, or

(m) the licence has been issued or renewed, or a notice of suspension of the licence has been withdrawn, on the basis of information that has been provided in purported compliance with a request under section 61 of the Act and that is false or misleading in a material particular.

(1A) If a person's driver licence is varied or suspended under subclause (1)(ja), the period of the variation or suspension is the period for which the person's visiting driver privileges in the other jurisdiction have been suspended.

(2) Without limiting subclause (1), Transport for NSW--

(a) may suspend a person's driver licence if it appears to Transport for NSW that, while driving a motor vehicle, the person has occasioned death or grievous bodily harm to some other person as a result of having become incapable of controlling the motor vehicle (for example, as a result of sleep or loss of consciousness), and

(b) may do so regardless of whether the circumstances in which this has occurred have given rise to the person being prosecuted for an offence.

(3) In deciding whether to do so, Transport for NSW need not inquire into the likelihood of the person again becoming incapable of controlling a motor vehicle in similar circumstances.

(4) Without limiting subclause (1), Transport for NSW may vary an interlock driver licence by recording in the NSW driver licence register--

(a) the removal of the interlock condition to which the licence is subject if--

(i) the holder of the licence has completed the applicable interlock period, and

(ii) Transport for NSW is satisfied that the holder has not, during the applicable interlock period, contravened a condition of the licence imposed under clause 83(3) or 85(1)(e) or (f), other than a contravention that led to a suspension or other sanction, and

(iii) Transport for NSW is satisfied that, after any medical examination required under clause 86, the interlock condition may be removed, or

(b) the extension of the interlock condition in accordance with clause 86.

(5) Any period during which an interlock driver licence held by a person is suspended is not to be taken into account when determining whether the person has completed the interlock period applicable to the person for the purposes of subclause (4).

(6) The holder of an interlock driver licence varied under subclause (4) is not required to observe any of the interlock conditions to which the licence was subject before the variation.

(7) Transport for NSW must suspend or cancel a person's driver licence in accordance with--

(a) an order made by a court in Australia, or

(b) a law in force in this State.

(8) In this clause--

"applicable interlock period" , in relation to the holder of an interlock driver licence, means the following--

(a) if the holder is subject to a mandatory interlock order or the licence was issued under section 213(2) of the Act--the interlock period within the meaning of Division 2 of Part 7.4 of the Act,

(b) if the interlock driver licence was issued to the holder under clause 83(1)(b)--the interlock period notified to the holder by Transport for NSW under clause 83(4).