14—Amendment of section 81B—Consequences of holder of learner's
permit, provisional licence or probationary licence contravening conditions
etc
(1) Section 81B(1),
definition of "prescribed conditions —delete the definition
(2) Section
81B(2)—delete "subsection (2a)" and substitute:
this section
(3) Section 81B(5) and
(6)—delete subsections (5) and (6) and substitute:
(5) Subject to
subsection (6), if a person has been or is liable to be given a notice of
disqualification under subsection (2) as a consequence of an offence committed
or allegedly committed while the holder of a provisional licence or
probationary licence, the person may appeal to the Magistrates Court against
the disqualification.
(6) A person is not
entitled to appeal against a disqualification under this section if the
Magistrates Court has, within the preceding period of 5 years, allowed an
appeal by the person against a disqualification under this section.
(4) Section
81B(8)—delete "undue hardship to the appellant" and substitute:
severe and unusual hardship to the appellant or a dependant of the appellant
(5) Section
81B(9)—delete subsections (9) and (9a) and substitute:
(9) The appellant's
evidence must include evidence relating to the forms of transport that would
be available to the appellant if the appeal were not allowed and why those
forms of transport do not adequately meet the needs of the appellant or a
dependant of the appellant.
(6) Section
81B(11)—delete subsection (11) and substitute:
(11) If the
Magistrates Court allows an appeal by a person against a disqualification, the
following provisions apply:
(a) any
licence that the person holds is cancelled (and the person is, on application
to the Registrar, entitled to a refund as if the person were surrendering the
licence);
(b) the
disqualification is removed subject to the person applying for a licence under
this Act within 14 days;
(c)
subject to paragraph (e), sections 81A and 81AB apply in relation to the
person when applying for the licence as if, despite the removal of the
disqualification, the person had been disqualified from holding or obtaining a
licence as a consequence of the offence and were making the application at the
end of the period of disqualification;
(d)
section 79A(4) does not apply to the person when applying for the licence;
(e) if
the licence is one that would be subject to the condition referred to in
section 81A(1)(f) and the Court is satisfied that the application of that
condition to the licence would frustrate the purpose for which the appeal has
been allowed, the Court may exempt the licence from the application of that
condition;
(f) if
the person, having been issued a P1 licence on the application referred to in
paragraph (c), is subsequently making an application in order to progress
to a P2 licence, section 81A applies in relation to the person as if the
references in section 81A(3)(b) to 2 years were references to 2 years and 6
months;
(g) if
the licence issued to the person on the application referred to in
paragraph (c) is a probationary licence, section 81AB(3) applies in
relation to the person as if the reference in section 81AB(3) to one year were
a reference to 18 months.
(11a) If—
(a) a
person who holds a provisional licence or probationary licence issued on an
application referred to in subsection (11)(c) or (f) commits an offence
of contravening a prescribed condition; or
(b) a
person expiates an offence allegedly committed while the holder of a
provisional licence or probationary licence issued on an application referred
to in subsection (11)(c) or (f), being an offence of contravening a
prescribed condition; or
(c) a
person incurs demerit points in respect of an offence committed or allegedly
committed while the holder of a provisional licence or probationary licence
issued on an application referred to in subsection (11)(c) or (f), and,
in consequence, the total number of demerit points recorded against the person
in respect of offences committed or allegedly committed while the holder of
that licence equals or exceeds 4,
the Registrar must, on becoming aware of that fact, give notice—
(d) that
the person is disqualified from holding or obtaining a permit or licence for a
period of 12 months commencing on a day specified in the notice; and
(e)
that, if the person holds any licence at the commencement of the period of
disqualification, the licence is cancelled.