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ROAD TRANSPORT ACT 2013 - SECT 205
Disqualification for certain major offences
205 Disqualification for certain major offences
(cf Gen Act, s 188)
(1) Definitions In this section--
"automatic disqualification" means a disqualification under this section from
holding a driver licence without specific order of a court.
"convicted person" means a person who is convicted of a major offence.
"conviction" means the conviction in respect of which a person is a
convicted person.
"ordered disqualification" means disqualification under this section from
holding a driver licence that is ordered by a court.
(2) Disqualification if
no previous major offence If, at the time of the conviction of the
convicted person or during the period of 5 years before the conviction
(whether that period commenced before or commences after the commencement of
this section), the convicted person is not or has not been convicted of any
other major offence or committed a major offence during that period that was
dealt with by way of penalty notice (whether of the same or a different
kind)-- (a) where the conviction is for an offence against section 110(1), (2)
or (3) or 111(1) or (3)-- (i) the person is automatically disqualified for 6
months from holding a driver licence, or
(ii) if the court that convicts the
person thinks fit to order a shorter period (but not shorter than 3 months) of
disqualification--the person is disqualified from holding a driver licence for
such shorter period as may be specified in the order, or
(b) where the
conviction is for an offence against section 110(4)-- (i) the person is
automatically disqualified for 12 months from holding a driver licence, or
(ii) if the court that convicts the person thinks fit to order a shorter
period (but not shorter than 6 months) or longer period of
disqualification--the person is disqualified from holding a driver licence for
such period as may be specified in the order, or
(b1) where the conviction is
for an offence against section 111A(2)-- (i) the person is automatically
disqualified for 2 years from holding a driver licence, or
(ii) if the court
that convicts the person thinks fit to order a shorter period, but not shorter
than 12 months, or longer period of disqualification--the person is
disqualified from holding a driver licence for the period specified in the
order, or
(c) where the conviction is for an offence against clause 17(1)(a),
(b) or (c) or 18 of Schedule 3-- (i) the person is automatically disqualified
for 3 years from holding a driver licence, or
(ii) if the court that convicts
the person thinks fit to order a shorter period (but not shorter than 6
months) or longer period of disqualification--the person is disqualified from
holding a driver licence for such period as may be specified in the order, or
(c1) where the conviction is for an offence against section 111A(1)-- (i) the
person is automatically disqualified for 4 years from holding a
driver licence, or
(ii) if the court that convicts the person thinks fit to
order a shorter period, but not shorter than 18 months, or longer period of
disqualification--the person is disqualified from holding a driver licence for
the period specified in the order, or
(d) where the conviction is for any
other offence-- (i) the person is automatically disqualified for a period of 3
years from holding a driver licence, or
(ii) if the court that convicts the
person thinks fit to order a shorter period (but not shorter than 12 months)
or longer period of disqualification--the person is disqualified from holding
a driver licence for such period as may be specified in the order.
(3)
Disqualification if previous major offence If, at the time of the conviction
of the convicted person or during the period of 5 years before the conviction
(whether that period commenced before or commences after the commencement of
this section), the convicted person is or has been convicted of one or more
other major offences or committed a major offence during that period that was
dealt with by way of penalty notice (whether of the same or a different
kind)-- (a) where the conviction is for an offence against section 110(1), (2)
or (3) or 111(1) or (3)-- (i) the person is automatically disqualified for 12
months from holding a driver licence, or
(ii) if the court that convicts the
person thinks fit to order a shorter period (but not shorter than 6 months) or
longer period of disqualification--the person is disqualified from holding a
driver licence for such period as may be specified in the order, or
(a1)
where the conviction is for an offence against section 111A(3)-- (i) the
person is automatically disqualified for 2 years from holding a
driver licence, or
(ii) if the court that convicts the person thinks fit to
order a shorter period, but not shorter than 18 months, or longer period of
disqualification--the person is disqualified from holding a driver licence for
the period specified in the order, or
(b) where the conviction is for an
offence against section 110(4)-- (i) the person is automatically disqualified
for 3 years from holding a driver licence, or
(ii) if the court that convicts
the person thinks fit to order a shorter period (but not shorter than 12
months) or longer period of disqualification--the person is disqualified from
holding a driver licence for such period as may be specified in the order, or
(b1) where the conviction is for an offence against section 111A(2)-- (i) the
person is automatically disqualified for 4 years from holding a
driver licence, or
(ii) if the court that convicts the person thinks fit to
order a shorter period, but not shorter than 2 years, or longer period of
disqualification--the person is disqualified from holding a driver licence for
the period specified in the order, or
(c) where the conviction is for an
offence against clause 17(1)(a), (b) or (c) or 18 of Schedule 3-- (i) the
person is automatically disqualified for 5 years from holding a
driver licence, or
(ii) if the court that convicts the person thinks fit to
order a shorter period (but not shorter than 12 months) or longer period of
disqualification--the person is disqualified from holding a driver licence for
such period as may be specified in the order, or
(c1) where the conviction is
for an offence against section 111A(1)-- (i) the person is automatically
disqualified for 6 years from holding a driver licence, or
(ii) if the court
that convicts the person thinks fit to order a shorter period, but not shorter
than 3 years, or longer period of disqualification--the person is disqualified
from holding a driver licence for the period specified in the order, or
(d)
where the conviction is for any other offence-- (i) the person is
automatically disqualified for 5 years from holding a driver licence, or
(ii)
if the court that convicts the person thinks fit to order a shorter period
(but not shorter than 2 years) or longer period of disqualification--the
person is disqualified from holding a driver licence for such period as may be
specified in the order.
(4) Calculation of disqualification periods in case
of multiple offences If 2 or more convictions of a person are made, whether or
not at the same time, for crimes or offences arising out of a single incident
involving the use of a motor vehicle or trailer, other than for an offence
against section 111A(1), (2) or (3), the following provisions apply-- (a) for
the purpose of ascertaining which of subsections (2) and (3) should apply in
relation to any such conviction-- (i) the other of those convictions are to be
disregarded, and
(ii) subsection (2) or (3) (as the case may require) is,
accordingly, to be the applicable subsection,
(b) the maximum period of
automatic disqualification in respect of all those crimes or offences is to
be-- (i) if subsection (2) is applicable--3 years, or
(ii) if subsection (3)
is applicable--5 years,
(c) any minimum period of ordered disqualification
is, in respect of those crimes or offences, to be disregarded to the extent
that the total period of ordered and (where relevant)
automatic disqualification would exceed-- (i) where subsection (2) is
applicable--12 months, or
(ii) where subsection (3) is applicable--2 years.
However, nothing in paragraph (c) prevents the court, if it thinks fit, from
making any order it could have made if that paragraph had not been enacted.
(4A) Calculation of disqualification periods in case of multiple offences
including a combined alcohol and drug driving offence If 2 or more convictions
of a person are made, whether or not at the same time, for crimes or offences
arising out of a single incident involving the use of a motor vehicle or
trailer, and one of the offences is an offence against section 111A(1), (2) or
(3), the following provisions apply-- (a) for the purpose of ascertaining
whether subsection (2) or (3) should apply in relation to the conviction-- (i)
the other of those convictions are to be disregarded, and
(ii) subsection (2)
or (3), as the case may require, is, accordingly, to be the applicable
subsection,
(b) the maximum period of automatic disqualification for all
crimes or offences is to be-- (i) if subsection (2) is applicable--4 years, or
(ii) if subsection (3) is applicable--6 years,
(c) a minimum period of
ordered disqualification is, for the crimes or offences, to be disregarded to
the extent that the total period of ordered and, where relevant,
automatic disqualification would exceed-- (i) where subsection (2) is
applicable--18 months, or
(ii) where subsection (3) is applicable--3 years.
However, nothing in paragraph (c) prevents the court, if it thinks fit, from
making an order it could have made if paragraph (c) had not been enacted.
(5)
Disqualification in addition to any other penalty Any disqualification under
this section is in addition to any penalty imposed for the offence.
(6)
Relationship to Division 2 This section does not (except as provided by
section 212(2)) apply to a person to whom Division 2 applies.
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