New South Wales Consolidated Regulations

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ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 68

Procedures for variation, suspension or cancellation of driver licence

68 Procedures for variation, suspension or cancellation of driver licence

(cf 2008 Reg cl 57)

(1) If Transport for NSW decides to vary, suspend or cancel a person's driver licence, Transport for NSW must give the person notice of--
(a) the reasons for the proposed variation, suspension or cancellation, and
(b) any action that must be taken by the licence holder in order to avoid or reverse the variation, suspension or cancellation, and
(c) the date after service of the notice on which the variation, suspension or cancellation takes effect.
(2) The notice must also state--
(a) in the case of a notice to vary a person's driver licence, that if the licence is varied as set out in the notice, the person will no longer be authorised to drive a motor vehicle of a kind specified in the notice on a road or road related area, or
(b) in the case of a notice to suspend a person's driver licence, that if the licence is suspended, the person will not be authorised to drive a motor vehicle on a road or road related area for the period of suspension specified in the notice, or
(c) in the case of a notice to cancel a person's driver licence, that if the licence is cancelled, the person will no longer be authorised to drive a motor vehicle on a road or road related area.
(3) Despite subclause (1)(c), if Transport for NSW decides to vary, suspend or cancel a person's driver licence on the ground that 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, Transport for NSW may determine that the variation, suspension or cancellation is to take effect on the service of the notice.
(4) A notice to vary, suspend or cancel a person's driver licence must also state whether the licence is required to be returned to Transport for NSW and, if so, specify the date by which the licence must be returned and the place to which it is to be returned.
(5) A driver licence is varied, suspended or cancelled in accordance with the terms of a notice served under this clause unless Transport for NSW, by further notice, withdraws the notice.
(6) A notice to suspend a person's driver licence under clause 65(2) may not be withdrawn except on the order of the Local Court in respect of an appeal under Part 7.8 of the Act.
(7) If a person's driver licence is varied, suspended or cancelled by Transport for NSW, the person must, if required to do so, return the licence to Transport for NSW within the time required by the notice served under this clause.
(8) Transport for NSW may decide to vary, suspend or cancel a driver licence under this Regulation without the holder of the licence having been provided with an opportunity to show cause why the licence should not be varied, suspended or cancelled.



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