Consequences of incurring demerit points—holder of licence
16 Consequences of incurring demerit points—holder of licence
This section applies to a person if—
the person is the holder of a driver licence, other than a learner licence, probationary licence, provisional licence or restricted licence; and
the person incurs 12 or more demerit points within the 3 year period ending on the day when the person last committed an offence for which demerit points have been recorded against the person.
The road transport authority must serve a notice of licence suspension on the person under section 18.
For how documents may be served, see the Legislation Act, pt 19.5.
If the person’s licence is already suspended (the current suspension) under a territory law, before serving a notice of licence suspension the road transport authority must serve a notice on the person stating that—
the person has incurred the demerit points; and
the licence suspension under section 18 is additional to, not concurrent with, the current suspension; and
the person will be served with a notice of licence suspension under section 18.
Failure to comply with subsection (3) does not affect the validity of anything done by the road transport authority or a court.
However, the road transport authority is not required to serve a notice of suspension on the person if the authority is of the opinion—
that it would be unreasonable to do so, having regard to when any offence for which demerit points were incurred was committed; or
that it would be more appropriate for a notice of licence ineligibility to be served on the person under section 20.
This Act’s bill:Explanatory statementSecond reading speech
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