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.