Victorian Numbered Regulations

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ROAD SAFETY (DRIVERS) REGULATIONS 2019 (SR NO 100 OF 2019) - REG 82

Procedure for variation, suspension or cancellation of driver licence or learner permit

    (1)     Subject to subregulation (2), VicRoads must give written notice to the holder of a driver licence or learner permit in compliance with subregulation (4) if VicRoads, under regulation 79 , 80 or 81(1)—

        (a)     decides to vary the licence or permit by imposing a new condition on it; or

        (b)     decides to suspend or cancel the licence or permit.

    (2)     VicRoads is not required to give written notice to the holder of a driver licence or learner permit if—

        (a)     VicRoads cancels the licence or permit under  regulation 81(1)(g); or

        (b)     VicRoads suspends the licence or permit under regulation 81(2); or

        (c)     VicRoads cancels the licence or permit under  regulation 81(6); or

        (d)     VicRoads suspends the licence under section 24(2) of the Act in the circumstances referred to in section 24(3) of the Act; or

        (e)     the licence or permit is suspended, cancelled or varied because the holder of the licence or permit refuses or fails to undergo a test or assessment under section 27(1) of the Act or does not pass the test or assessment.

    (3)     If VicRoads varies a driver licence or learner permit on any of the grounds under regulation 80(1), VicRoads must give written notice to the holder of the driver licence or learner permit stating the details of the variation of the licence or permit including—

        (a)     the reasons for the variation of the licence or permit; and

        (b)     that the notice takes effect immediately upon service of the notice or on a later date specified in the notice; and

        (c)     the conditions, if any, to which the licence or permit is subject; and

        (d)     the action, if any, that the holder of the licence or permit must take to comply with any conditions imposed on the licence or permit; and

        (e)     that the person has a right under Part 5 to apply within 28 days after the date that the notice to have the decision reviewed was sent.

    (4)     A notice under subregulation (1) or (3) must state the following—

        (a)     the decision and the reasons for it;

        (b)     the date the decision takes effect;

        (c)     the action, if any, that may be taken by the person to avoid the variation, suspension or cancellation;

        (d)     the date by which the person must take that action;

        (e)     if the person must return the licence or permit to VicRoads, the date by which it must be returned;

        (f)     that the person has a right under Part 5 to apply within 28 days after the date of the notice to have the decision reviewed.

    (5)     The date specified in the notice as the date on which the decision takes effect must be at least 28 days after the date of the notice.

    (6)     The driver licence or learner permit is varied, suspended or cancelled in accordance with the notice unless VicRoads, by further written notice, withdraws the notice.



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