New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 221A

221A Definitions

(1) In this Division--

"disqualified person" means a person who is subject to a licence disqualification.

"driving offence" means--

(a) a major offence, or

(b) an offence against the road transport legislation that relates to the driving of a motor vehicle (other than a parking offence).

"licence disqualification" means a disqualification (imposed before or after the commencement of this Division) from holding or obtaining a driver licence that is imposed by a court or by the operation of this Act, and includes any consecutive or concurrent licence disqualification and any period of disqualification which does not commence until other disqualifications or other periods of licence cancellations or suspensions are completed.

"never-eligible offence" means one of the following offences--

(a) the offence of murder or manslaughter caused by the use of a motor vehicle,

(b) an offence against the Crimes Act 1900 which comprises or includes causing death, grievous bodily harm or wounding by the use of a motor vehicle,

(c) an offence against section 51A (Predatory driving) or 51B (Police pursuits) of the Crimes Act 1900 ,

(d) an offence against section 117(1) (Negligent driving) or the former corresponding provision, which causes death or grievous bodily harm,

(e) an offence against section 118(1) (Intentional menacing driving) or the former corresponding provision,

(f) an offence against section 52AB (Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm) of the Crimes Act 1900 or an offence against section 146 of this Act that relates to an impact causing death or grievous bodily harm arising from the driving of a motor vehicle.

"pending proceedings for a driving offence" means--

(a) court proceedings for an alleged driving offence that have not been finally determined, or

(b) a penalty notice issued for an alleged driving offence if--

(i) the amount payable under the penalty notice has not been paid (in part or in full), and

(ii) an election has not been made to have the matter determined by a court, and

(iii) a penalty notice enforcement order under Part 3 of the Fines Act 1996 has not been issued in respect of the penalty notice, and

(iv) a formal decision has not been made to withdraw or cease enforcement action on the penalty notice.

"relevant offence-free period" , in relation to a disqualified person who has applied under this Division for the removal of his or her licence disqualifications, means--

(a) 4 years, if the person has been convicted of any of the following offences committed within the period of 4 years before the determination of the person's application by the Local Court under this Division (whether or not the licence disqualification imposed for that offence has been completed)--

(i) a major offence, or

(ii) an offence of exceeding a speed limit prescribed under this Act by more than 30 kilometres per hour, or

(iii) an offence against section 115(1), 116(2) or 117(2), or

(iv) any other offence prescribed by the statutory rules, or

(b) 2 years, if all those licence disqualifications were imposed by this Act because the person was declared (or taken to have been declared) an habitual traffic offender under Division 3 (as in force immediately before its repeal), or

(c) 2 years, in any other case.

"road transport legislation" includes the Heavy Vehicle National Law (NSW) , but does not include--

(a) the Motor Vehicles Taxation Act 1988 or the regulations made under that Act, or

(b) Schedule 2 or statutory rules made for the purposes of that Schedule.

(2) For the avoidance of doubt, the date on which a person is convicted of an offence is not a relevant consideration for the purposes of a relevant offence-free period.