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