South Australian Current Acts

MOTOR VEHICLES ACT 1959 - SECT 98BE

98BE—Disqualification and discounting of demerit points

        (1)         A notice of disqualification under section 98BD(2) does not take effect if the person to whom the notice is given makes an election under subsection (2).

        (2)         If a person who holds a licence is given a notice of disqualification under section 98BD(2), the person may, by notice given to the Registrar in accordance with the regulations—

            (a)         within 21 days of the day specified in the notice of disqualification; or

            (b)         with the permission of the Registrar, within 28 days of the day specified in the notice of disqualification,

elect, in lieu of suffering disqualification, to accept a condition on the licence requiring the person to be of good behaviour for a period of 12 months commencing on the day on which the notice of disqualification would have taken effect in accordance with section 139BD.

        (2a)         If a person incurs 2 or more demerit points in relation to 1 or more offences committed by the person while the holder of a licence subject to the condition referred to in subsection (2), the Registrar must, on becoming aware of that fact, give the person written notice—

            (a)         that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence for a period that is twice the period for which the disqualification would have applied under section 98BC if the person's licence had not been subject to that condition; and

            (b)         that, if the person holds any licence when the notice takes effect, the licence is suspended during the period of disqualification.

        (5)         Where a disqualification under section 98BC or a condition under subsection (2) has taken effect, the following demerit points are discounted:

            (a)         all demerit points in respect of the offence that brought the aggregate of the demerit points to 12 or more (and led to notice of disqualification being sent to the person under section 98BD);

            (b)         all demerit points in respect of offences committed prior to the time at which the person committed that offence (whether or not the person had been convicted of, or had expiated, those offences when the disqualification or condition took effect).