41Licence ineligibility

41 Licence ineligibility

41 Licence ineligibility

(cf DL Act, s 17C)

(1) Transport for NSW may give a notice of licence ineligibility to the applicant for a learner licence or provisional licence who incurs the threshold number of 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 or cancellation under section 40 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), the period of ineligibility and any licence to which the notice applies, 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) Except as provided by subsection (5), a person who has been given a notice of licence ineligibility under this section is not entitled to apply for or be issued with any driver licence on and from the date, and for the period, specified in the notice.

(5) Subsection (4) does not prevent a person given a notice of licence ineligibility under this section who holds a driver licence of a licence class different from that the subject of the application in relation to which the notice is given, from applying for or being issued with—

(a) a renewal of that licence, or

(b) a higher grade or class of that licence.

(6), (7) (Repealed)

(8) In this section, a reference to a grade of driver licence is a reference to a learner licence, a provisional P1 licence, a provisional P2 licence or an unrestricted licence (ordered from lowest to highest).

s 41: Am 2020 No 33, Sch 1[11]; 2023 No 35, Sch 1.17[1]–[3].