Division 4Division 4 Habitual traffic offenders
(cf Traffic Act, s 10EA (1))
(1) In this Division, a relevant offence means:(a) any of the following offences committed after the commencement of this Division of which a person has been convicted by a court in this State:(i) a major offence,(ii) a prescribed speeding offence,(iii) an offence under section 25 (3) of the Road Transport (Driver Licensing) Act 1998,(iv) an offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998, or(b) an offence committed after the commencement of this Division of which a person has been convicted by a court in another State or Territory that would be an offence of the kind referred to in paragraph (a) if it had been committed in this State, or(c) a relevant offence within the meaning of section 10EA of the Traffic Act 1909 as in force immediately before its repeal.(2) A relevant offence includes an offence of the kind referred to in subsection (1) (a) in respect of which the charge is found proven, or a person is found guilty, (but without proceeding to a conviction) under section 10 of the Crimes (Sentencing Procedure) Act 1999, or section 556A of the Crimes Act 1900, if the offence would, if it were a relevant offence, give rise to the declaration of the person under this Division as an habitual traffic offender. In that case, a reference in this Division to the conviction of the person for a relevant offence includes a reference to the making of an order with respect to the person.
28 Declaration of persons as habitual traffic offenders
(cf Traffic Act, s 10EA (2))
A person is, by this section, declared to be an habitual traffic offender if:(a) a court in this State convicts the person of a relevant offence, and(b) the person has, in the period of 5 years before the conviction, also been convicted of at least 2 other relevant offences committed on different occasions.
29 Warning to be given to persons liable to be declared habitual traffic offenders
(cf Traffic Act, s 10EA (14))
(1) The Authority is required to give written warnings to the holders of driver licences who are liable to be declared to be habitual traffic offenders if they are convicted of another relevant offence.(2) The declaration of an habitual traffic offender is not invalid merely because of a failure to give the warning, but any such failure may be taken into account by a court when determining whether a declaration should be quashed.
30 Period of disqualification of habitual traffic offender
(cf Traffic Act, s 10EA (4)–(7) and (10)–(13))
(1) If a person is declared by section 28 to be an habitual traffic offender, the person is disqualified by the declaration (and without any specific order of a court) for a period of 5 years from holding a driver licence, except as provided by this Division.(2) If the court that convicts the person of the offence giving rise to the declaration thinks fit, the court may order a longer period of disqualification (including disqualification for life).(3) If the court that convicts the person of the offence giving rise to the declaration determines that a 5-year disqualification is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case, the court may order a shorter period of disqualification (but not shorter than 2 years).(4) If a court orders a shorter or longer period of disqualification, the court must state its reasons for doing so.(5) A declaration of an habitual traffic offender ceases to be in force when the period of disqualification imposed by the declaration is completed.(6) The period of any disqualification under this Division does not commence until all other disqualifications, and all other periods of licence cancellation or suspension, imposed on the person by or under this or any other Act have been completed.(7) Further declarations have effect under this Division even though they occur while an existing declaration is in force, and the consequent periods of disqualification do not commence until all existing disqualifications under this Division have been completed. It does not matter that some of the relevant offences giving rise to a further declaration also gave rise to an earlier declaration.(8) If, while an existing disqualification under this Division is in force, the person is disqualified by a court or automatically under another provision of this or any other Act, that further disqualification does not commence until all existing disqualifications under this Division have been completed.(9) Any period for which a stay of execution is in force under section 63 of the Crimes (Local Courts Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.
31 Quashing of declaration and bar against appeals
(cf Traffic Act, s 10EA (3), (7) and (8))
(1) The declaration of a person as an habitual traffic offender by section 28 may be quashed by a court that convicts the person of a relevant offence (at the time of the conviction or at a later time) if it determines that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case.(2) If a court quashes a declaration under this section, the court must state its reasons for doing so.(3) However, a declaration or disqualification under this Division cannot be appealed to any court whether under this or any other Act.
32 Disqualification in addition to any other penalty
(cf Traffic Act, s 10EA (9))
A disqualification under this Division is in addition to any penalty imposed for the offence giving rise to the declaration.