igor
13th May 2011, 18:47
so in english below this means if you are disqualified for more than 28 days (yes demerit suspensions count) even after your disqualification is up until you must go and get a new version of your drivers licence. If you dont you are deemed to be an "unlicensed driver" and you can get a fine and be forbdden to drive.
If you ignore this then if stopped aagin u can be fined again. or arrested and charged with offence to go to court and your vehicle will be impounded for 28 days.
woohoooooooooooooooooooooooooooo
__________________________________________________ _________
Land Transport (Road Safety and Other Matters) Amendment Act 2011 No 13, Public Act
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› Part 1 Amendments to principal Act
48 New sections 82A to 82C inserted
(1) The following sections are inserted after section 82:
“82A Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
“(1) This section applies to a person if—
“(a) the person’s driver licence is suspended for any period (other than under section 95); or
“(b) the person’s disqualification does not exceed 12 months.
“(2) If this section applies, a person’s driver licence remains of no effect when the period of suspension or disqualification ends until—
“(a) the person applies to the Agency to have the licence reinstated; and
“(b) the Agency reinstates, if permitted by the regulations or the rules, the person’s licence in accordance with the regulations and the rules.
“82B Transitional provision concerning application of section 82A
To avoid doubt, section 82A applies if a period of disqualification or suspension ends after the commencement of that section, even though the period of disqualification or suspension began before the commencement of that section.”
(2) The following section is inserted in its appropriate order:
“82C Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
“(1) This section applies to a person whose alcohol interlock licence or zero alcohol licence (as the case may be) has expired.
“(2) If this section applies, a person’s driver licence remains of no effect when the alcohol interlock licence or zero alcohol licence expires until—
“(a) the person applies to the Agency to have the licence reinstated; and
“(b) the Agency reinstates, if permitted by the regulations or the rules, the person’s licence in accordance with the regulations and the rules.”
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but wait theres more
Suspension of licence or disqualification from driving under demerit points system
“(1) If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Agency must give notice in writing advising the person that—
“(a) the person has accumulated 100 or more demerit points; and
“(b) the penalty specified in subsection (3) or (5) has been imposed and takes effect immediately.
“(2) The notice given under subsection (1) may be served by—
“(a) the Agency; or
“(b) a person approved for the purpose by the Agency; or
“(c) an enforcement officer.
“(3) If the person holds a current driver licence, the effect of a notice given under subsection (1) is that the licence—
“(a) is suspended for a period of 3 months or, if longer than 3 months, the period calculated under section 90A; and
“(b) remains of no effect when the period of suspension ends until the person applies to the Agency to have the licence reinstated and the Agency reinstates the licence.
“(4) A person whose driver licence has been suspended under subsection (3) may not hold or obtain a driver licence while the suspension is in force.
“(5) If the person does not hold a current driver licence, the person is disqualified from holding or obtaining a driver licence for a period of 3 months or, if longer than 3 months, the period calculated under section 90A.
“(6) A suspension or disqualification under this section begins on the date specified in the notice, which may not be earlier than the date on which the notice is served on the person.”
(2) The following section is inserted in its appropriate order:
“90A Calculation of demerit points
“(1) The period of suspension or disqualification under section 90(3) or (5) must be calculated in accordance with the following formula:
A = B × C
where—
A
is the total period of suspension in months
B
is 3 months
C
is the number of lots of 100 demerit points that a person has accumulated.
Example
A person commits 4 infringements in the following order: 1) the first infringement attracts 20 demerit points; 2) the second infringement attracts 50 demerit points; 3) the third infringement attracts 35 demerit points; and 4) the fourth infringement attracts 35 demerit points. The person's total is 140 demerit points. The person has accumulated enough demerit points for the first 3 infringements to exceed the 100-demerit-point threshold (20 + 50 + 35 = 105). In accordance with the formula, the person is suspended for 3 months (A = B × C = 3 × 1 = 3). After the person has served the suspension, the 105 demerit points accumulated by the person for the first 3 infringements are cancelled, leaving the 35 demerit points of the fourth infringement recorded against the person (140 – 105 = 35). If the person subsequently commits 2 more infringements, each attracting 50 demerit points, the person would have a total of 135 demerit points (35 + 50 + 50 = 135), which would exceed the 100-demerit-point threshold and result in another 3-month suspension (A = B × C = 3 × 1 = 3), leaving no demerit points recorded against the person (135 – 135 = 0).
“(2) For the purposes of the formula in subsection (1),—
“(a) C must be determined as follows:
“(i) the demerit points recorded against a person for an infringement must be treated as indivisible; and
“(ii) the demerit points recorded against a person for each infringement must be added together in the order in which the person committed the infringements until a total of 100 demerit points is reached or exceeded; and
“(b) if the total of demerit points in the group of infringements used to determine a lot of 100 demerit points exceeds 100 demerit points, the excess demerit points from that group of infringements may not be used to determine a subsequent lot of 100 demerit points.
“(3) If a person accumulates additional demerit points that have not been included when calculating the period of suspension under subsection (1), and the additional demerit points would result in an additional period of suspension or disqualification, the Agency must, by another notice in writing given to the person, inform that person of the additional period of suspension or disqualification.
“(4) The additional period of suspension or disqualification takes effect from whichever is the later of—
“(a) the end of the existing period of suspension or disqualification; or
“(b) the date the additional notice is served.”
If you ignore this then if stopped aagin u can be fined again. or arrested and charged with offence to go to court and your vehicle will be impounded for 28 days.
woohoooooooooooooooooooooooooooo
__________________________________________________ _________
Land Transport (Road Safety and Other Matters) Amendment Act 2011 No 13, Public Act
See other versions
View PDF copy
View whole Act (410KB)
Add to web feedAdd to web feed
Contents
« Previous
Next »
Search within this Act
Act by section
Contents
› Part 1 Amendments to principal Act
48 New sections 82A to 82C inserted
(1) The following sections are inserted after section 82:
“82A Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
“(1) This section applies to a person if—
“(a) the person’s driver licence is suspended for any period (other than under section 95); or
“(b) the person’s disqualification does not exceed 12 months.
“(2) If this section applies, a person’s driver licence remains of no effect when the period of suspension or disqualification ends until—
“(a) the person applies to the Agency to have the licence reinstated; and
“(b) the Agency reinstates, if permitted by the regulations or the rules, the person’s licence in accordance with the regulations and the rules.
“82B Transitional provision concerning application of section 82A
To avoid doubt, section 82A applies if a period of disqualification or suspension ends after the commencement of that section, even though the period of disqualification or suspension began before the commencement of that section.”
(2) The following section is inserted in its appropriate order:
“82C Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
“(1) This section applies to a person whose alcohol interlock licence or zero alcohol licence (as the case may be) has expired.
“(2) If this section applies, a person’s driver licence remains of no effect when the alcohol interlock licence or zero alcohol licence expires until—
“(a) the person applies to the Agency to have the licence reinstated; and
“(b) the Agency reinstates, if permitted by the regulations or the rules, the person’s licence in accordance with the regulations and the rules.”
-----------------------------------------------------------------------
but wait theres more
Suspension of licence or disqualification from driving under demerit points system
“(1) If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Agency must give notice in writing advising the person that—
“(a) the person has accumulated 100 or more demerit points; and
“(b) the penalty specified in subsection (3) or (5) has been imposed and takes effect immediately.
“(2) The notice given under subsection (1) may be served by—
“(a) the Agency; or
“(b) a person approved for the purpose by the Agency; or
“(c) an enforcement officer.
“(3) If the person holds a current driver licence, the effect of a notice given under subsection (1) is that the licence—
“(a) is suspended for a period of 3 months or, if longer than 3 months, the period calculated under section 90A; and
“(b) remains of no effect when the period of suspension ends until the person applies to the Agency to have the licence reinstated and the Agency reinstates the licence.
“(4) A person whose driver licence has been suspended under subsection (3) may not hold or obtain a driver licence while the suspension is in force.
“(5) If the person does not hold a current driver licence, the person is disqualified from holding or obtaining a driver licence for a period of 3 months or, if longer than 3 months, the period calculated under section 90A.
“(6) A suspension or disqualification under this section begins on the date specified in the notice, which may not be earlier than the date on which the notice is served on the person.”
(2) The following section is inserted in its appropriate order:
“90A Calculation of demerit points
“(1) The period of suspension or disqualification under section 90(3) or (5) must be calculated in accordance with the following formula:
A = B × C
where—
A
is the total period of suspension in months
B
is 3 months
C
is the number of lots of 100 demerit points that a person has accumulated.
Example
A person commits 4 infringements in the following order: 1) the first infringement attracts 20 demerit points; 2) the second infringement attracts 50 demerit points; 3) the third infringement attracts 35 demerit points; and 4) the fourth infringement attracts 35 demerit points. The person's total is 140 demerit points. The person has accumulated enough demerit points for the first 3 infringements to exceed the 100-demerit-point threshold (20 + 50 + 35 = 105). In accordance with the formula, the person is suspended for 3 months (A = B × C = 3 × 1 = 3). After the person has served the suspension, the 105 demerit points accumulated by the person for the first 3 infringements are cancelled, leaving the 35 demerit points of the fourth infringement recorded against the person (140 – 105 = 35). If the person subsequently commits 2 more infringements, each attracting 50 demerit points, the person would have a total of 135 demerit points (35 + 50 + 50 = 135), which would exceed the 100-demerit-point threshold and result in another 3-month suspension (A = B × C = 3 × 1 = 3), leaving no demerit points recorded against the person (135 – 135 = 0).
“(2) For the purposes of the formula in subsection (1),—
“(a) C must be determined as follows:
“(i) the demerit points recorded against a person for an infringement must be treated as indivisible; and
“(ii) the demerit points recorded against a person for each infringement must be added together in the order in which the person committed the infringements until a total of 100 demerit points is reached or exceeded; and
“(b) if the total of demerit points in the group of infringements used to determine a lot of 100 demerit points exceeds 100 demerit points, the excess demerit points from that group of infringements may not be used to determine a subsequent lot of 100 demerit points.
“(3) If a person accumulates additional demerit points that have not been included when calculating the period of suspension under subsection (1), and the additional demerit points would result in an additional period of suspension or disqualification, the Agency must, by another notice in writing given to the person, inform that person of the additional period of suspension or disqualification.
“(4) The additional period of suspension or disqualification takes effect from whichever is the later of—
“(a) the end of the existing period of suspension or disqualification; or
“(b) the date the additional notice is served.”