Victorian Current Acts

ROAD SAFETY ACT 1986 - SECT 85D

    (1)     If—

        (a)     a person's driver licence or learner permit is suspended under section 85B ; and

        (b)     less than 28 days before the end of the period of suspension, a traffic infringement notice is issued against the person in respect of the alleged offence—

the period of suspension under section 85C(2)(b) is not affected by the person giving a notice of objection to the traffic infringement notice before the end of the period of suspension but, if the person does not give a notice of objection before the end of the period of suspension, the period of suspension is extended until the end of the 28 day period for giving the notice of objection.

    (2)     If—

        (a)     a person's driver licence or learner permit is suspended in accordance with a notice under section 85B; and

        (b)     28 days or more before the end of the period of suspension, a traffic infringement notice is issued against the person in respect of the alleged offence—

the period of suspension under section 85C(2)(b) is not affected by the person giving a notice of objection to the traffic infringement notice within the 28 day period for doing so.

Note

If the person does not give a notice of objection within the 28 day period for doing so the person's driver licence or learner permit may be cancelled under section 89C(1).

    (3)     If—

        (a)     subsection (1) or (2) applies to a person; and

        (b)     the person does not give a notice of objection to the traffic infringement notice within the 28 day period for doing so; and

        (c)     the person's driver licence or learner permit is cancelled under section 89C(1)—

any period of suspension under this section ends when the driver licence or learner permit is cancelled under section 89C(1) and the period for which the person is disqualified under that section from obtaining a driver licence or learner permit is reduced by the period of the suspension (as extended, if applicable, by subsection (1)).

    (4)     If—

        (a)     a person's driver licence or learner permit is suspended under section 85B ; and

        (b)     after the period of suspension a traffic infringement notice is issued against the person in respect of the alleged offence; and

        (c)     the person does not give a notice of objection to the traffic infringement notice within the 28 day period for doing so; and

        (d)     the person's driver licence or learner permit is cancelled under section 89C(1)—

the period for which the person is disqualified under section 89C(1) from obtaining a driver licence or learner permit is reduced by the period of the suspension.

S. 85E (Heading) amended by No. 18/2022 s. 19(2).

S. 85E inserted by No. 6/2020 s. 7.