(1) A person who is
given an excessive demerit points notice may, unless prevented by subsection
(2) from doing so, avoid being disqualified from holding or obtaining a
driver’s licence because of the notice by making an election under this
section for the year commencing when, having regard to section 54, the period
of disqualification specified in the notice would have commenced.
(2) In order to be
able to make a section 51 election a person must hold a driver’s licence
other than a provisional licence and must not be a novice driver.
(3) By making a
section 51 election the person elects not to commit, during the year for which
the election is made —
(a) an
offence for which 2 or more demerit points can be recorded under this Part
against the person; or
(b)
offences for which a total of 2 or more demerit points can be recorded under
this Part against the person; or
(c) an
offence for which the court convicting the person is required by law to
disqualify the person from holding or obtaining a driver’s licence; or
(d) an
offence the conviction of which results in the person being disqualified by
operation of this Act from holding or obtaining a driver’s licence.
(4) The election is to
be made in writing, in the form approved by the CEO, and given to the CEO
within 21 days after the day on which the CEO gave the excessive demerit
points notice.
(5) A section 51
election applies for the period ending at the end of the year for which it is
made or, if the period ends earlier under this Part, until the earlier end of
the period.