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MOTOR VEHICLES (LICENCES AND LEARNER'S PERMITS) AMENDMENT ACT 2005 (NO 10 OF 2005) - SECT 14

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.



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