35Licence ineligibility

35 Licence ineligibility

35 Licence ineligibility

(cf DL Act, s 16A(1)–(5))

(1) Transport for NSW may give a notice of licence ineligibility to the applicant for an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.

(2) However, Transport for NSW may not give a person both a notice of licence ineligibility and a notice of licence suspension under section 33 in respect of the same 3-year period.

(3) The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given) and must contain any other matters specified by the statutory rules. If the notice is given to the applicant personally, the specified date is taken to be the date on which it is given unless the notice provides for a later date.

(4) The period of licence ineligibility under subsection (1) is the period applicable under the following table—

Licence ineligibility for demerit points

| Column 1 | Column 2 | | Number of demerit points incurred within previous 3 years | Period of licence ineligibility | | 13 (or 14 in the case of a professional driver) to 15 | 3 months | | 16 to 19 | 4 months | | 20 or more | 5 months |

(5) If a person who has been given a notice of licence ineligibility does not make an election under section 36, the person is not entitled—

(a) to be issued with a driver licence for the ineligibility period applicable under this section on and from the date specified in the notice, and

(b) to apply for a driver licence for that period.

s 35: Am 2023 No 35, Sch 1.17[1]–[3].