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SENTENCING ACT 1991 - SECT 89

Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences

    (1)     If a person is found guilty or convicted of a serious motor vehicle offence, the court must—

        (a)     if the person is the holder of a driver licence or learner permit, cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies; or

        (b)     if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or

        (c)     in any other case where the person is not the holder of a driver licence or learner permit, disqualify him or her from obtaining one for the period of time that the court specifies.

    (2)     The court must not specify a period of disqualification under subsection (1) that is—

        (a)     for an offence to which paragraph (d) of the definition of serious motor vehicle offence in section 87P applies, less than 18 months; or

        (b)     for any other serious motor vehicle offence, less than 24 months.

    (3)     If a person is found guilty or convicted of an offence under section 319AA of the Crimes Act 1958 , the court must—

        (a)     if the person is the holder of a driver licence or learner permit, cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies, being not less than 12 months; or

        (b)     if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or

        (c)     in any other case where the person is not the holder of a driver licence or learner permit, disqualify him or her from obtaining one for the period of time that the court specifies, being not less than 12 months.

    (4)     If a person is found guilty or convicted of stealing or attempting to steal a motor vehicle, the court may (in the case of a finding of guilt) and must (in the case of a conviction)—

        (a)     if the person is the holder of a driver licence or learner permit

              (i)     suspend that licence or permit for the period of time that the court specifies; or

              (ii)     cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies; or

        (b)     if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or

        (c)     in any other case where the person is not the holder of a driver licence or learner permit, disqualify him or her from obtaining one for the period of time that the court specifies.

    (5)     If a period of suspension or disqualification is not specified by the court on making an order under subsection (4)(a), (b) or (c), the period is 3 months.

Notes

1     A person who is disqualified from obtaining a driver licence or learner permit under this section must apply to the Magistrates' Court under Part 3 of the Road Safety Act 1986 for a licence eligibility order if he or she wishes to be granted a driver licence or learner permit under that Act.

On the making of a licence eligibility order the Magistrates' Court may give an alcohol interlock condition direction under Part 5 of the Road Safety Act 1986 if a finding was made under section 89C(1) that the disqualifying offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence.

A person disqualified under this section who is granted a driver licence or learner permit must have zero concentration of alcohol present in his or her blood or breath while driving or in charge of a motor vehicle during the first 3 years of that licence or permit or any longer period during which the licence or permit is subject to an alcohol interlock condition. See section 52(1B) of the Road Safety Act 1986 .

A person who is disqualified from obtaining a driver licence or learner permit or whose driver licence or learner permit is cancelled under this section by order of the Magistrates' Court or Children's Court may appeal to the County Court. See section 29 of the Road Safety Act 1986 .

See sections 3AD and 3AE of the Road Safety Act 1986 for circumstances in which a person is to be taken to be disqualified from obtaining a driver licence or learner permit or from driving a motor vehicle on a road in Victoria.

2     Particulars of any order made by a court under this section must be sent immediately to the Roads Corporation—see section 87Q.

S. 89A substituted by No. 56/2013 s. 32.



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