New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 59

59 Cancellation or suspension of driver licence for certain speeding offences or alcohol or other drug related driving offences

(cf DL Act, s 33)

(1) A driver licence may be cancelled or suspended by Transport for NSW because of an alleged speeding offence or alleged alcohol or other drug related driving offence, if, in respect of the alleged offence--

(a) the holder pays the whole or any part of the penalty specified in a penalty notice issued to the holder in respect of the offence, or

(b) the holder has not paid the penalty specified in the penalty notice issued to the holder in respect of the offence and has not elected to have the matter dealt with by a court, and the time for the holder to have the matter so dealt with has lapsed.

(2) Transport for NSW may decide to cancel or suspend a driver licence under this section without the holder having been provided an opportunity to show cause why the licence should not be cancelled or suspended.

(3) If a person's driver licence is cancelled by Transport for NSW under this section, Transport for NSW may refuse to issue the person with any further licence for a period determined by Transport for NSW and specified in a notice served on the person by Transport for NSW.

(4) If a person's driver licence is suspended by Transport for NSW under this section, the person's licence is suspended for such period as may be determined by Transport for NSW and specified in a notice served on the person by Transport for NSW.

(4A) For the purposes of subsection (4), a period not exceeding 3 months may be specified in relation to an alleged alcohol or other drug related driving offence.

(4B) In determining the period specified in a notice to be served on a person under subsection (3) or (4), Transport for NSW is required to take into account the period during which the person's driver licence was suspended under an immediate licence suspension notice given to the person under section 224 for the same offence.

(5) Nothing in this section limits any discretion of Transport for NSW to decline to issue a driver licence to a person.

(6) In this section--

"speeding offence" means an offence that involves exceeding a speed limit fixed by or under this Act and that is prescribed by the statutory rules for the purposes of this section.