36Driver may elect to be of good behaviour as alternative

#### 36 Driver may elect to be of good behaviour as alternative 36 Driver may elect to be of good behaviour as alternative (cf DL Act, ss 16(8) and (9) and 16A(7) and (8)) > > (1) A person who incurs at least 13 demerit points (or in the case of a professional driver 14 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 may— > > > > > (a) if the person has been served with a notice of licence suspension—notify Transport for NSW that the person elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months on and from the day on which the licence would otherwise be suspended (the original suspension day) or, if the person is required by notice given under section 43A to undertake a driver knowledge test, the later of the original suspension day and the day on which the person undertakes and passes the test to the satisfaction of Transport for NSW, or > > > > > (b) if the person has been served with a notice of licence ineligibility—notify Transport for NSW that the person elects, as an alternative to undergoing the ineligibility period, to be of good behaviour for a period of 12 months from— > > > > > > > (i) where the ineligibility period has not commenced—the day on which the licence ineligibility would otherwise have had effect (the original ineligibility day), or > > > > > > > (ii) where the ineligibility period has commenced—the day on which the person makes the election. > > > (1A) Despite subsection (1)(b), if a person who makes an election under that paragraph is required by notice given under section 43A to undertake a driver knowledge test, the good behaviour period is for a period of 12 months from the later of the original ineligibility day or day of election (as the case requires) and the day on which the person undertakes and passes the test to the satisfaction of Transport for NSW. > > > (2) A notification of an election by a person under subsection (1) must be— > > > > > (a) in the form approved by Transport for NSW, and > > > > > (b) if the person has been served with a notice of licence suspension—made before the commencement of the period of suspension, and > > > > > (c) if the person has been served with a notice of licence ineligibility—made before or during the commencement of the period of licence ineligibility. > > > (3) If a person makes an election under subsection (1)(b), Transport for NSW is authorised after the election is made or while the 12 months’ good behaviour period is in force to issue a driver licence to the person or renew any driver licence held by the person. > > > (4) If a person who has made an election under this section incurs 2 or more demerit points during the 12 months’ good behaviour period, Transport for NSW must give the person one of the following notices— > > > > > (a) a notice suspending all driver licences held by the person, commencing on a day specified in the notice (being a day that is not earlier than 28 days after the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election, > > > > > (b) a notice specifying that the person is ineligible to hold a driver licence, commencing on a day specified in the notice (being a day that is not earlier than the day the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election. > > > (5) If Transport for NSW gives a person a notice under subsection (4)(a), all driver licences held by the person are suspended for the period specified in the notice commencing on and from the date specified in the notice. > > > (6) If Transport for NSW gives a person a notice under subsection (4)(b), the person is not entitled— > > > > > (a) to be issued with a driver licence for the period specified in the notice commencing on and from the date specified in the notice, and > > > > > (b) to apply for a driver licence for that period. > > **s 36:** Am 2014 No 42, Sch 1 \[4\]–\[6\].