226Downgrading of driver licences

#### 226 Downgrading of driver licences 226 Downgrading of driver licences (cf Gen Act, s 207) > > (1) If a driver licence is cancelled as a special measure and the offence or offences (or alleged offence or offences) that gave rise to the cancellation arose wholly or mainly out of the use of a motor vehicle or trailer of a class prescribed for the purposes of this section, Transport for NSW may issue the former licensee with another driver licence in substitution for the cancelled driver licence that does not authorise the driving of motor vehicles or trailers of that class. > > > (2) For the purposes of this section, a driver licence is cancelled as a special measure if it is cancelled by— > > > > > (a) the operation of the road transport legislation as a result of the imposition on the licensee of a period of disqualification from holding a driver licence, or > > > > > (b) Transport for NSW under this Act because of— > > > > > > > (i) the licensee’s driving record of offences or alleged offences, or > > > > > > > (ii) an alleged speeding offence referred to in section 59. > > > (3) The statutory rules may make provision for or with respect to the exercise by Transport for NSW of its power under this section. > > > (4) Nothing in this section— > > > > > (a) limits any discretion of Transport for NSW under the road transport legislation to decline to issue a driver licence to a person or cancel a driver licence, or > > > > > (b) permits the issue of any driver licence to a person who for the time being is disqualified from holding one.