45Eligibility to apply to Magistrates Court for order

45 Eligibility to apply to Magistrates Court for order authorising issue of restricted licence (1) A person is eligible to apply to the Magistrates Court for an order authorising the road transport authority to issue a restricted licence to the person if the person is disqualified from holding or obtaining an Australian driver licence under the road transport legislation or any other territory law.

(2) However, the person is not eligible to apply if a provision of the road transport legislation provides that a person is not entitled to apply for a restricted licence in relation to the disqualification. Note 1 A person is not eligible to apply for a restricted licence if any of the following provisions of the Road Transport (General) Act 1999 apply to the person: • s 66A (which is about disqualification in another jurisdiction) • s 67 (which is about disqualification of repeat offenders) • s 67A (which is about disqualification of first offenders) • s 67B (which is about disqualification until a court orders otherwise) • s 67C (which is about disqualification while holding a restricted licence) • s 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine). Note 2 A person is also not eligible to apply for a restricted licence if either of the following provisions of this regulation applies to the person: • s 130 (6) (b) (which is about the disqualification from holding a licence by a person who incurs 2 or more demerit points while holding a restricted licence) • s 133 (2) (b) (which is about the disqualification from holding a licence by a person who incurs 2 or more demerit points while holding a probationary licence).