Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) This regulation applies to a person if the road transport authority proposes, on its own initiative, to vary a driver licence held by a person (the proposed action ) to impose a condition to which the licence is to be subject or to vary or revoke a condition to which a driver licence held by a person is already subject.
(2) The road transport authority must give the person a written notice stating—
(a) the proposed action; and
(b) if the proposed action is to impose a condition to which the licence is to be subject—the proposed condition; and
(c) if the proposed action is to vary a condition to which the licence is subject—the proposed condition as varied; and
(d) the grounds for the proposed action; and
(e) any action that must be taken by the person to avoid or reverse the proposed action; and
(f) the date when the proposed imposition, variation or revocation of the condition takes effect (the date of effect ); and
(g) that the proposed action takes effect on the date of effect unless the notice is revoked by the authority before that date; and
(h) whether and, if so, by when the person is required to return the driver licence to the authority if the proposed action takes effect.
Note 1 In deciding whether to impose a condition on a driver licence, or to vary or revoke a condition to which a licence is subject, the road transport authority must have regard to the interests of road safety and any other relevant matters (see reg 55 (6)).
Note 2 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 ).
(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 imposition or variation of the condition is to take effect on a date not earlier than the date when the notice is given to the person if the authority believes on reasonable grounds 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 kind; 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 .
(6) A person must not, without reasonable excuse, fail to return his or her driver licence to the road transport authority in accordance with a requirement under paragraph (2) (h).
Maximum penalty (for subregulation (6)): 20 penalty units.