39Person elects to extend demerit point period and incurs no additional demerit points

39 Person elects to extend demerit point period and incurs no additional demerit points S. 39(1) substituted by No. 68/2017 s. 56. S. 39(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 79). (a) a person on whom a demerit point option notice is served notifies the Secretary in accordance with section 38(1) that the person elects to extend the demerit point period; and (b) the person incurs no additional demerit points in relation to any offence committed within the extended demerit point period; and (c) the driver licence or learner permit of the person has not been cancelled or suspended for a driving offence (whether the cancellation or suspension is imposed under this Act or otherwise) during the extended demerit point period. S. 39(2) amended by No. 49/2019 s. 116(Sch. 1 item 79). (2) When calculating demerit points recorded against the person at any time after the extended demerit point period, the Secretary must disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice. S. 40 (Heading) amended by No. 68/2017 s. 57(1). New s. 40 inserted by No. 74/2013 s. 4. 40 Person elects to extend demerit point period and incurs additional demerit points or has driver licence or learner permit cancelled or suspended for a driving offence S. 40(1) substituted by No. 68/2017 s. 57(2). S. 40(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 80(a)). (a) a person on whom a demerit point option notice is served notifies the Secretary in accordance with section 38(1) that the person elects to extend the demerit point period; and (i) the person incurs one or more additional demerit points in relation to an offence committed within the extended demerit point period; or (ii) the driver licence or learner permit of the person has been cancelled or suspended for a driving offence (whether the cancellation or suspension is imposed under this Act or otherwise) during the extended demerit point period. S. 40(2) amended by No. 49/2019 s. 116(Sch. 1 item 80(a)). (2) If the person holds a full driver licence or holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence, the Secretary must— (a) suspend the licence or permit for— (i) 6 months; and (ii) an additional 2 months for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice; and Example to s. 40(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 80(b)). A person who is issued with a demerit point option notice for having incurred 17 demerit points elects to extend the demerit point period. During the extended demerit point period, the person incurs a further 3 demerit points. The Secretary must suspend the person's driver licence for 8 months. There are 5 demerit points in excess of 12 demerit points, therefore in addition to 6 months suspension, the person incurs 2 months suspension for 4 of those and the remaining one demerit point is uncounted. The further 3 demerit points incurred during the extended demerit point period are not included in the calculation but they are not to be disregarded at the completion of the period of suspension and may count towards subsequent demerit point option notices. (b) serve on the person a notice containing the prescribed particulars and specifying the date on which the suspension takes effect. S. 40(3) amended by No. 49/2019 s. 116(Sch. 1 item 80(c)). (3) If the person holds a learner permit or probationary driver licence and does not hold, and has never held, a full driver licence, the Secretary must— (a) suspend the permit or licence for— (i) 6 months; and (ii) an additional 2 months for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the demerit point option notice; and (b) serve on the person a notice containing the prescribed particulars and specifying the date on which the suspension takes effect. S. 40(4) amended by No. 49/2019 s. 116(Sch. 1 item 80(c)). (4) When calculating demerit points recorded against the person at any time after the end of the period of suspension, the Secretary must disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice. New s. 41 inserted by No. 74/2013 s. 4.