Cancellation of licence or permit for drink-driving infringements
89C Cancellation of licence or permit for drink-driving infringements
S. 89C(1) amended by Nos 23/2001 s. 14(1), 92/2001 s. 25, 46/2002 s. 10(a), 94/2003 s. 8(29), 81/2006 s. 19(3)(f), 5/2016 s. 36(Sch. 1 item 49(a)(b)), substituted by No. 68/2017 s. 12(1).
Any driver licence or learner permit held by a person is cancelled and the person is disqualified from obtaining one for the period set out in subsection (2) or (2A) if—
a traffic infringement notice has been issued to the person in respect of a drink-driving infringement; and
no notice of objection to the infringement notice has been given and the 28 day period has expired.
Note to s. 89C(1) amended by No. 6/2020 s. 8.
Note
The period for which the person is disqualified from obtaining a driver licence or learner permit is reduced if the person's licence was already suspended in accordance with a notice under section 85B (see section 85D(3)).
S. 89C(1A) inserted by No. 49/2014 s. 32(1), repealed by No. 68/2017 s. 12(1).
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S. 89C(2) amended by No. 23/2001 s. 14(2), repealed by No. 46/2002 s. 10(b), new s. 89C(2) inserted by No. 49/2014 s. 32(1), amended by No. 5/2016 s. 36(Sch. 1 item 49(c)), substituted by No. 68/2017 s. 12(1).
The period for which the person is disqualified from obtaining a driver licence or learner permit is 3 months if—
the blood or breath alcohol concentration specified in the notice is 0∙05 grams or more but less than 0∙07 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); and
at the time of the infringement—
the person was 26 years of age or older; and
section 52 did not apply to the person.
S. 89C(2A) inserted by No. 68/2017 s. 12(1).
In any other case, the period for which the person is disqualified from obtaining a driver licence or learner permit is the period ascertained in accordance with Column 2 of Schedule 1 by reference to the blood or breath alcohol concentration specified in the notice.
S. 89C(3) amended by Nos 5/1990 s. 15(7), 23/2001 s. 14(3), repealed by No. 46/2002 s. 10(b).
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S. 89C(3A) inserted by No. 57/1998 s. 17(1), amended by Nos 46/2002 s. 10(c), 49/2014 s. 32(2), 5/2016 s. 36(Sch. 1 item 49(d)).
If a person to whom a traffic infringement notice has been issued in respect of a drink-driving infringement—
S. 89C(3A)(a) amended by No. 68/2017 s. 50.
is authorised under the regulations to drive a motor vehicle on a highway because he or she holds an appropriate licence or permit issued in another State, Territory or country; and
does not give notice of objection to the infringement notice and the 28 day period has expired—
the person is disqualified from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified under this section had the person held a driver licence or learner permit under this Act of a kind corresponding to the licence or permit held by him or her.
S. 89C(4) amended by Nos 5/1990 s. 15(8), 57/1998 s. 17(2), 46/2002 s. 10(d), 49/2014 s. 32(3), 68/2017 s. 12(2).
Any cancellation and disqualification under subsection (1) or disqualification under subsection (3A) takes effect on the expiry of the 28 day period.
S. 89C(5) amended by Nos 44/1989 s. 42(3), 46/2002 s. 10(e)(i)(ii), 5/2016 s. 36(Sch. 1 item 49(e)), 49/2019 s. 116(Sch. 1 item 195), 46/2024 s. 38(1).
When any cancellation has taken effect, the Secretary may, by notice in writing served on the person whose driver licence or learner permit is cancelled, require that person to surrender any physical driver licence document or physical learner permit document to the Secretary.
A person on whom a notice is served under subsection (5) must comply with the notice within the time specified in it.
- 5 penalty units.
Payment of a penalty in respect of a drink-driving infringement may be made in accordance with the regulations.
S. 89C(8) amended by Nos 57/1998 s. 17(3), 46/2002 s. 10(f) (as amended by No. 94/2003 s. 9), 94/2003 s. 8(30), 81/2006 s. 19(3)(f), 49/2014 s. 32(4), 5/2016 s. 36(Sch. 1 item 49(f)), substituted by No. 68/2017 s. 12(3), amended by No. 46/2024 s. 38(2).
A person, other than a person referred to in subsection (3A), who pays a penalty in respect of a drink-driving infringement must, on or before the expiry of the 28 day period, surrender the person's physical driver licence document or physical learner permit document in accordance with the regulations.
S. 89C(9) inserted by No. 46/2024 s. 38(3).
Nothing in subsection (5) or (8) requires a person to surrender a digital driver licence document or a digital learner permit document.
S. 89D (Heading) inserted by No. 75/2010 s. 21(1).
S. 89D inserted by No. 53/1989 s. 18.
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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