85HPeriod of suspension

85H Period of suspension (1) A suspension of a driver licence or learner permit under section 85F remains in force until— (2) Subject to subsection (3), a suspension of a driver licence or learner permit under section 85G remains in force until whichever of the following first occurs— (a) a period of 12 months expires after the notice of suspension is issued; (b) the licence or permit is suspended under section 89D. (3) A suspension of a driver licence or learner permit under section 85G for an infringement referred to in paragraph (b) of the definition of ***relevant traffic infringement notice*** in section 85G(2), where the speed in respect of which the notice was issued was less than 155 kilometres per hour, remains in force until whichever of the following first occurs— (a) a period of 6 months expires after the notice of suspension is issued; (b) the licence or permit is suspended under section 89D. (4) If the driver licence or learner permit of a person is suspended for a traffic infringement under section 85G and the licence or permit is subsequently suspended for the traffic infringement by the operation of section 89D, the period of suspension under this Division must be taken into account in determining the period of suspension under section 89D. Pt 6B Div. 3 (Heading) amended by No. 18/2022 s. 6. Division 3—Immediate licence or permit suspension for certain other offences S. 85IAA inserted by No. 18/2022 s. 7. 85IAA Definition ***senior police officer*** means a police officer who is of or above the rank of sergeant, as referred to in section 13(j) of the **Victoria Police Act 2013**. S. 85I inserted by No. 6/2020 s. 7. 85I Immediate licence or permit suspension for certain offences resulting in injury or death (1) If a person is charged by a police officer with a relevant offence, a senior police officer, by written notice, may suspend the driver licence or learner permit of the person charged with the relevant offence at any time on or after the charge-sheet is given to the person until the charge has been determined. (2) The senior police officer must not, under subsection (1), suspend the driver licence or learner permit of the person unless the senior police officer is reasonably satisfied that— S. 85I(2)(a) substituted by No. 18/2022 s. 8(1). (a) the commission of the relevant offence by the person resulted in injury or death; and (b) the person is an unacceptable risk to road safety until the charge is determined. (3) If the person is charged with more than one relevant offence at the same time, a suspension under subsection (1) applies to each charge for a relevant offence. S. 85I(4) def. of *relevant offence* substituted by No. 18/2022 s. 8(2)(a). (a) an offence of murder or attempted murder arising out of the driving of a motor vehicle; or (b) an offence of manslaughter arising out of the driving of a motor vehicle; or (c) an offence against section 15A, 15B, 16, 17 or 18 of the **Crimes Act 1958** arising out of the driving of a motor vehicle; or (d) an offence against section 24 of the **Crimes Act 1958** arising out of the driving of a motor vehicle; or (e) an offence against section 318(1) of the **Crimes Act 1958** arising out of the driving of a motor vehicle (other than the operating of a vessel); or (f) an offence against section 319(1) or (1A) of the **Crimes Act 1958** arising out of the driving of a motor vehicle (other than the operating of a vessel). S. 85I(4) def. of *senior police officer* repealed by No. 18/2022 s. 8(2)(b). S. 85IA inserted by No. 18/2022 s. 9. 85IA Immediate licence or permit suspension for certain other offences (1) This section applies if a person (the ***accused***) is charged by a police officer with— (a) an offence against section 61(1)(a) or (b); or (b) an offence against any of the following provisions of the **Crimes Act 1958**— (i) section 317AC; (ii) section 317AD; (iii) section 317AE; (iv) section 317AF; (v) section 319AA(1). (2) A senior police officer, by written notice, may suspend the driver licence or learner permit of the accused at any time on or after the charge-sheet is given to the accused until the charge has been determined. (3) The senior police officer must not, under subsection (2), suspend the driver licence or learner permit of the accused unless the senior police officer is reasonably satisfied that— (a) in the case where the accused has been charged with an offence against section 61(1)(a) or (b)— (i) another person has died or suffered serious injury from the accident that occurred; and (ii) the accused is an unacceptable risk to road safety until the charge is determined; and (b) in the case where the accused has been charged with an offence against section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the **Crimes Act 1958**—the accused is an unacceptable risk to road safety until the charge is determined. S. 85J inserted by No. 6/2020 s. 7.