Western Australian Current Acts

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ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 50

50 .         Excessive demerit points (novice drivers) notice

        (1)         In this section —

        post-commencement demerit points means current demerit points other than those recorded for an offence committed before the day on which the Road Traffic Amendment Act (No. 2) 2007 section 27 came into operation 1 .

        (2)         If the number of post-commencement demerit points recorded in the demerit points register against a person reaches at least 4 in respect of any offence committed when the person was a novice driver (type 1), or against a person reaches at least 8 in respect of any offence committed when the person was a novice driver (type 2), the CEO is to give the person, whether or not the person is still a novice driver, in accordance with section 59, an excessive demerit points (novice driver) notice stating —

            (a)         the day on which that number of post-commencement demerit points was reached; and

            (b)         the number of post-commencement demerit points reached on that day; and

            (c)         that the period of disqualification is 3 months; and

            (d)         that the period of disqualification will commence on the day after the notice is given or a later day specified in the notice.

        (3)         Post-commencement demerit points recorded against the person in the demerit points register on or before the day on which, according to the notice, the stated number of demerit points was reached are cancelled.

        (4)         The person to whom the notice is given is disqualified from holding or obtaining a driver’s licence for the period of 3 months specified in the notice.

        (5)         Nothing in this section prevents the day on which the period of disqualification commences from being postponed under section 54.

        (6)         Regulations referred to in section 56(7) may provide for all or some of the post-commencement demerit points cancelled under subsection (3) to be again recorded against the person.

        (7)         Nothing in this section prevents section 49 from applying to a novice driver.



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