Immediate licence or permit suspension for certain offences resulting in injury or death
85I Immediate licence or permit suspension for certain offences resulting in injury or death
If a person is charged by a police officer with a relevant offence, a senior police officer, by written notice, may suspend the driver licence or learner permit of the person charged with the relevant offence at any time on or after the charge-sheet is given to the person until the charge has been determined.
The senior police officer must not, under subsection (1), suspend the driver licence or learner permit of the person unless the senior police officer is reasonably satisfied that—
S. 85I(2)(a) substituted by No. 18/2022 s. 8(1).
the commission of the relevant offence by the person resulted in injury or death; and
the person is an unacceptable risk to road safety until the charge is determined.
If the person is charged with more than one relevant offence at the same time, a suspension under subsection (1) applies to each charge for a relevant offence.
In this section—
S. 85I(4) def. of relevant offence substituted by No. 18/2022 s. 8(2)(a).
relevant offence means—
an offence of murder or attempted murder arising out of the driving of a motor vehicle; or
an offence of manslaughter arising out of the driving of a motor vehicle; or
an offence against section 15A, 15B, 16, 17 or 18 of the Crimes Act 1958 arising out of the driving of a motor vehicle; or
an offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle; or
an offence against section 318(1) of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel); or
an offence against section 319(1) or (1A) of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel).
S. 85I(4) def. of senior police officer repealed by No. 18/2022 s. 8(2)(b).
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S. 85IA inserted by No. 18/2022 s. 9.
This Act’s bill:Second reading speech
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