Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD TRANSPORT (DRIVER LICENSING) REGULATIONS 2000 (2000 NO 14) - REG 103

Procedure to disqualify holders of interstate or external licences from driving

(1)     If the road transport authority proposes to disqualify a person who is the holder of an Australian driver licence issued under the law of another jurisdiction or an external driver licence from driving a motor vehicle on a road or road related area in the ACT (the proposed action ), the authority must give the person a written notice stating—

        (a)     the proposed action; and

        (b)     the grounds for the proposed action; and

        (c)     any action that must be taken by the person to avoid or reverse the proposed action; and

        (d)     the date when the disqualification takes effect (the date of effect ).

Note     The notice must also be in accordance with the code of practice for notification of reviewable decisions and review rights (see s 91 of the Road Transport (General) Act 1999 and Schedule 1 to the Road Transport (General) Regulations 2000 ).

(2)     The notice must also state that, unless the notice is revoked by the road transport authority before the date of effect, the person must not drive a motor vehicle on a road or road related area in the ACT on or after the date of effect.

(3)     The notice may, but need not, provide an opportunity for the person to make representations why the proposed action should not be taken.

(4)     The date of effect must not be earlier than 14 days after the notice is given to the person.

(5)     However, the road transport authority may decide that the disqualification is to take effect on a date not earlier than the date when the notice is given to the person if the authority proposes to disqualify the person from driving on a road or road related area in the ACT on the ground that—

        (a)     the person does not have sufficient driving ability or knowledge of safe driving practices or road law; or

        (b)     the person does not comply with the required medical standards; or

        (c)     the person has failed to comply with a requirement under these regulations to—

              (i)     undergo a test or assessment of the person's driving ability or knowledge of safe driving practices or road law; or

              (ii)     undergo a medical examination by a doctor or allied medical professional; or

              (iii)     provide any documents in the person's possession or control relevant to the person's medical fitness to hold a driver licence or a driver licence of a particular class; or

        (d)     the person has failed to comply with a requirement under these regulations to provide information about—

              (i)     an illness, injury or incapacity suffered by the person; or

              (ii)     the effects on the person of treatment (including the taking of a drug) for an illness, injury or incapacity suffered by the person; or

        (e)     the person has not complied with any requirements of a law of any jurisdiction relating to the assessment, treatment, supervision or education of drivers convicted or found guilty of offences involving alcohol or drugs that apply to the person.

Note     See subregulation 15 (2) for the meaning of required medical standards .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback