Division 3Division 3 Driver licence or vehicle registration suspension or cancellation
65 When enforcement action taken under this Division
(1) Enforcement action is to be taken against a fine defaulter under this Division if:(a) the fine defaulter has not paid a fine as required by the notice of the fine enforcement order served on the fine defaulter, or(b) the State Debt Recovery Office has extended the time for payment of a fine, and the fine defaulter has not paid the fine by the extended due date, or(c) the State Debt Recovery Office has allowed the payment of a fine by instalments, and the fine defaulter has not paid every such instalment at the time specified by the Office.(2) Roads and Maritime Services is to take that enforcement action when it is directed by the State Debt Recovery Office to do so.(3) Despite subsections (1) and (2), enforcement action with respect to a fine defaulter’s driver licence is not to be taken under this Division if:(a) the offence:(i) in respect of which the fine concerned was imposed on the fine defaulter by a court, or(ii) in respect of which the penalty notice from which the fine concerned arises was served on the fine defaulter,occurred while the fine defaulter was under the age of 18 years, and(b) the offence is not a traffic offence.(4) Roads and Maritime Services is to cease enforcement action when directed to do so by the State Debt Recovery Office.(4A) If Roads and Maritime Services has taken fine enforcement action against a fine defaulter who is granted a first extension of time under this Act for payment of the fine, and the fine defaulter pays 6 instalments in accordance with the extension of time:(a) the State Debt Recovery Office must direct Roads and Maritime Services to cease the enforcement action, and(b) Roads and Maritime Services is to cease the enforcement action.(4B) The State Debt Recovery Office may direct Roads and Maritime Services to recommence enforcement action in respect of a fine defaulter referred to in subsection (4A) if the fine defaulter fails to pay any further instalment in accordance with the extension of time to pay.(5) The State Debt Recovery Office may direct Roads and Maritime Services to cease enforcement action under this Division even if a fine defaulter has not paid all outstanding fines under any fine enforcement order.(6) In this section:traffic offence means:
(a) an offence arising under a provision of the following Acts in respect of the use, standing or parking of a motor vehicle:(i) the road transport legislation within the meaning of the Road Transport (General) Act 2005,(ii) the Roads Act 1993,(iii) the Motor Vehicles (Third Party Insurance) Act 1942,(iv) the Recreation Vehicles Act 1983, or(b) an offence arising under a provision of any other law in respect of the standing or parking of a motor vehicle.Note. If the fine defaulter does not hold a driver licence or is not the registered operator of a vehicle, enforcement action can be taken instead under Division 4 (Civil enforcement).
66 Suspension or cancellation of driver licence
(1) Roads and Maritime Services must, without further notice, suspend any driver licence of a fine defaulter against whom it is required to take enforcement action for the balance of the period of the licence.(1A) Roads and Maritime Services must suspend the driver licence of a fine defaulter even if the State Debt Recovery Office has:(a) granted an extension of time for the payment of the fine, or(b) allowed the fine defaulter to pay the fine by instalments,after requiring Roads and Maritime Services to take enforcement action.(2) If the driver licence is suspended and:(a) where the State Debt Recovery Office has granted the fine defaulter an extension of time for payment of the fine, the fine remains unpaid for at least 6 months after the extended due date, or(b) where the State Debt Recovery Office has allowed the payment of a fine by instalments, an instalment remains unpaid for at least 6 months, or(c) in any other case, the fine concerned remains unpaid for at least 6 months,Roads and Maritime Services must, if the State Debt Recovery Office so directs, cancel the licence.(3) Roads and Maritime Services is to remove the suspension of a driver licence if the State Debt Recovery Office so directs.(3A) The obligation to suspend the driver licence of a fine defaulter under subsection (1) extends to any licence that is already suspended when enforcement action is required to be taken under this Division. Accordingly, if the period of suspension comes to an end before the expiry of the licence, Roads and Maritime Services is then to take action under subsection (1) to further suspend the licence if the State Debt Recovery Office so directs.(4) The State Debt Recovery Office (or Roads and Maritime Services on its behalf) may notify the fine defaulter of the enforcement action taken under this section, but a failure to notify the fine defaulter does not affect that action.(5) Despite the suspension or cancellation of a driver licence under this section, a court or Roads and Maritime Services may exercise a function under another Act to suspend or cancel the licence.
67 Cancellation of vehicle registration
(1) Roads and Maritime Services may, without further notice, cancel the registration of all or any motor vehicles of which a fine defaulter is the registered operator (or one of the registered operators) if:(a) it is required to take enforcement action against the fine defaulter but the fine defaulter does not hold a driver licence that is in force, and(b) the cancellation of the registration of those motor vehicles is in accordance with any guidelines issued under section 120.(2) Roads and Maritime Services must cancel the registration of a vehicle in accordance with this section if the State Debt Recovery Office so directs.(3) The State Debt Recovery Office (or Roads and Maritime Services on its behalf) may notify the fine defaulter of the enforcement action taken under this section, but a failure to notify the fine defaulter does not affect that action.
68 Suspension of dealings with Roads and Maritime Services
(1) This section applies to a fine defaulter if:(a) the driver licence or vehicle registration of the fine defaulter is suspended or cancelled under this Division, or(b) Roads and Maritime Services is required to take enforcement action against the fine defaulter under this Division, but any such action to suspend or cancel the driver licence or vehicle registration of the fine defaulter is not available.(2) Roads and Maritime Services must, unless the State Debt Recovery Office otherwise directs, refuse to exercise any of the following functions if this section applies to a fine defaulter:(a) the issue of a driver licence to the fine defaulter or the renewal of the driver licence of the fine defaulter,(b) the registration of a vehicle in the name of the fine defaulter or the renewal of the registration of a vehicle of which the fine defaulter is the registered operator (or one of the registered operators),(c) the transfer to another person of the registration of a vehicle of which the fine defaulter is the registered operator (or one of the registered operators),(d) the issue of a number plate to the fine defaulter,(e) the testing of the fine defaulter for the purpose of the issue of a driver licence,(f) the issue of an unregistered vehicle permit to the fine defaulter,(g) the registration of a motor vehicle in the name of the fine defaulter, or the renewal of registration of a motor vehicle in the name of the fine defaulter, under the Recreation Vehicles Act 1983,(h) the issue of trader’s plates to the fine defaulter,(i) the processing of a number plate exchange for the fine defaulter,(j) the reservation of a particular number plate for the fine defaulter,(k) the ordering of a particular number plate, or a particular design of number plate, for the fine defaulter,(l) the testing of the fine defaulter to ascertain the fine defaulter’s eligibility for a driver’s licence,(m) the booking of a driving test for the fine defaulter,(n) the exercise of any other function of Roads and Maritime Services requested by the fine defaulter, being a function of a kind prescribed by the regulations for the purposes of this section.(3) If Roads and Maritime Services refuses to exercise any such function, it must, as soon as practicable, notify the fine defaulter that it has refused to do so because the person is a fine defaulter.(3A) Roads and Maritime Services is not obliged to notify the fine defaulter of a refusal under subsection (3) if it has previously notified the fine defaulter of an earlier refusal under that subsection.(4) This section ceases to apply to a fine defaulter if the State Debt Recovery Office so directs Roads and Maritime Services.(5) This section applies despite any obligation of Roads and Maritime Services to exercise a function that is imposed by or under any other Act.
69 Interim restoration or reinstatement of licence or registration pending appeal etc
(1) A person may apply to Roads and Maritime Services for restoration or reinstatement of a driver licence suspended or cancelled, or vehicle registration cancelled, under this Division if:(a) in the case of a penalty notice enforcement order—the person has lodged an application under Division 5 of Part 3 to have an application to annul the fine enforcement order concerned determined by the Local Court, or(b) in the case of a court fine enforcement order—the person has lodged an appeal against the conviction or sentence in respect of which the fine concerned was imposed or the person has lodged an application under Part 2 of the Crimes (Local Courts Appeal and Review) Act 2001 to annul that conviction or sentence,and those proceedings have not been determined.(2) Roads and Maritime Services must issue the person with a driver licence or certificate of vehicle registration, as the case requires, by way of restoration or reinstatement of the driver licence or vehicle registration suspended or cancelled under this Division.(3) A driver licence or vehicle registration so restored or reinstated has effect, subject to this Act, the Road Transport (Vehicle Registration) Act 1997 and the Road Transport (Driver Licensing) Act 1998, until the date on which:(a) the licence would have expired if the licence had not been suspended or cancelled, or(b) the registration would have expired if the registration had not been cancelled.(4) Any such restored or reinstated licence or registration may be suspended or cancelled under this Act following the determination of the proceedings referred to in subsection (1) or in connection with a different fine payable by the person.(5) A licence or registration cannot be restored or reinstated under this section if the licence or registration was also suspended or cancelled for reasons that do not give rise to a right of restoration or reinstatement under this section.
70 Effect of enforcement action on vehicle insurance
(1) A vehicle insurance policy is not terminated by the cancellation of the registration of the vehicle under this Division or the suspension or cancellation of the driver licence of the driver of the vehicle under this Division.(2) A claim under a vehicle insurance policy cannot be refused merely because the vehicle’s registration is cancelled under this Division or the driver licence of the driver of the vehicle is suspended or cancelled under this Division.(3) This section has effect despite anything to the contrary in a vehicle insurance policy or any other agreement.(4) In this section, a vehicle insurance policy is a policy of insurance in respect of damage or loss caused by or arising out of the use or operation of a vehicle (other than a third-party policy within the meaning of the Motor Accidents Compensation Act 1999).Note. Section 14 of the Motor Accidents Compensation Act 1999 provides that a third-party policy under that Act relating to personal injury is not cancelled by the cancellation of the registration of a motor vehicle under this Division.