28Power of court to cancel, suspend or vary licences and permits

28 Power of court to cancel, suspend or vary licences and permits S. 28(1) amended by No. 78/1987 s. 5(1). (1) If a court convicts a person of, or is satisfied that a person is guilty of, an offence against this Act or of any other offence in connection with the driving of a motor vehicle, the court— S. 28(1)(a) substituted by No. 53/1989 s. 6, amended by Nos 46/2002 s. 7(a), 5/2016 s. 36(Sch. 1 item 11(a)), substituted by No. 30/2021 s. 41. (a) in the case of an offence of driving a motor vehicle at a speed— (i) of 130 kilometres per hour or more; or (ii) of 25 kilometres per hour or more in excess of that permitted, whether generally or in relation to the particular vehicle or circumstances— must— (iii) suspend for such time as the court thinks fit (not being less than the period specified in Column 2 of Schedule 5 ascertained by reference to the speed at which the vehicle was driven as specified in Column 1 of that Schedule), all driver licences and learner permits held by that person; and (iv) whether or not that person holds a driver licence or learner permit, disqualify that person from obtaining a driver licence or a learner permit for such time as the court thinks fit (not being less than the period specified in Column 2 of Schedule 5 for the suspension of a driver licence or learner permit ascertained by reference to the speed at which the vehicle was driven as specified in Column 1 of that Schedule); and S. 28(1)(b) amended by No. 5/2016 ss 26(1), 36(Sch. 1 item 11(a)). (b) in any case but subject to paragraph (a), may suspend for such time as it thinks fit or cancel all driver licences and learner permits held by that person and, whether or not that person holds a driver licence or learner permit, disqualify that person from obtaining a driver licence or a learner permit for such time (if any) as the court thinks fit. S. 28(1A) inserted by No. 78/1987 s. 5(2), amended by Nos 110/2004 s. 28(1), 5/2016 s. 36(Sch. 1 item 11(b)). (1A) Subsection (1) does not affect the obligation of a court to cancel a driver licence or learner permit and disqualify the offender in any case in which cancellation and disqualification are mandatory under this Act. S. 28(1B) inserted by No. 110/2004 s. 28(2), amended by No. 5/2016 s. 36(Sch. 1 item 11(c)). (1B) If a court convicts a person of, or is satisfied that a person is guilty of, an offence— S. 28(1B)(a) amended by No. 30/2013 s. 60(Sch. item 8.13). (a) that is constituted by, or that has as a necessary element, the breach of a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria); and (b) where the breach is committed in respect of a heavy vehicle— in addition to anything the court may do under subsection (1)(b), the court may vary any driver licence or learner permit held by the person. S. 28(1C) inserted by No. 74/2013 s. 18(1). (1C) Unless a category of motor vehicles is explicitly excluded under subsection (2), an order under subsection (1)(b) suspending or cancelling a person's driver licence or learner permit applies in relation to all categories of motor vehicle. S. 28(2) amended by No. 74/2013 s. 18(2). (2) If the court is satisfied that the circumstances of the case are so unusual as to warrant it, an order made under subsection (1)(b) may specify a category or categories of motor vehicles to which the order does not apply and such an order has effect according to its terms and this section applies to such an order with such modifications as are necessary. S. 28(3) amended by No. 49/2019 s. 116(Sch. 1 item 54). (3) A court must cause particulars of an order made under subsection (1) to be sent immediately to the Secretary. S. 28(3A) inserted by No. 74/2013 s. 18(3), amended by No. 5/2016 s. 26(2). (3A) If under subsection (1) a court disqualifies a person from obtaining a driver licence or a learner permit the court must specify the period of disqualification. S. 28(4) amended by Nos 78/1987 s. 5(3)(a)(b), 5/2016 ss 26(3), 36(Sch. 1 item 11(d)). (4) If under subsection (1) a court disqualifies a person from obtaining a driver licence or a learner permit for any time without expressly cancelling any driver licence or learner permit held by that person, any driver licence or learner permit held by that person is, unless the order specifies otherwise, to be taken to have been cancelled by that order. S. 28(5) amended by No. 92/2001 s. 13(1). (5) Subsection (1) does not apply to an offence under section 56(7) unless the court is satisfied that the person convicted or found guilty of the offence had less than 3 hours before the time of the offence driven or been in charge (within the meaning of Part 5) of a motor vehicle. S. 28(6) repealed by No. 28/2009 s. 7. S. 28(7) amended by Nos 74/2013 s. 18(4), 5/2016 s. 36(Sch. 1 item 11(e)). (7) A driver licence or learner permit cancelled by a court is of no effect and a person whose driver licence or learner permit is cancelled is disqualified from obtaining a further driver licence or learner permit for the period specified by the court. S. 28(8)–(10) repealed by No. 89/1991 s. 7. Note to s. 28 inserted by No. 46/2002 s. 7(b), amended by Nos 74/2013 s. 5, 5/2016 s. 36(Sch. 1 item 11(f)), repealed by No. 68/2017 s. 53. S. 28A inserted by No. 89/1991 s. 8, amended by No. 12/2006 s. 184(1)(a), 56/2013 s. 19 (ILA s. 39B(1)).