87When authority may vary, suspend or cancel driver

87 When authority may vary, suspend or cancel driver (1) The road transport authority may vary, suspend or cancel a person’s driver licence on its own initiative under section 88 (Procedures for variation, suspension or cancellation of driver licences) if the authority is satisfied on reasonable grounds that— (a) the person is not eligible to apply for, or be issued with, a class or kind of driver licence held by the person; or (b) the person does not have sufficient driving ability or knowledge (c) the person is not a suitable person to hold a driver licence or a driver licence of the class or kind held by the person; or or (e) the person’s ability to drive safely is impaired by—

(g) the person has been convicted or found guilty in another jurisdiction, an external territory or a foreign country of an offence because of which the licensing authority of the other jurisdiction, external territory or foreign country could have varied, suspended or cancelled the person’s licence if it had issued the licence; or (h) the licence was issued or renewed in error; or (i) the licence is incorrect in any material respect; or (j) the person has failed to comply with a condition to which the licence is subject; or (k) the person has not complied with a requirement made by the authority in relation to the licence or a requirement of the Act relating to the licence; or (l) the photograph contained in the licence is no longer a true likeness of the person; or (m) if the licence was issued endorsed with ‘Valid without photo’— the person has unreasonably refused to go to a place designated by the authority to have a photograph taken or provide a photograph that is suitable for use on a driver licence; or (n) the person has failed to comply with a request under section 88B (2); or (o) the person has failed to return the person’s public vehicle driver authority card to the authority as required under section 64B (2). (2) The road transport authority may also suspend or cancel a person’s driver licence under section 88 in accordance with— (a) an order made by an Australian court; or

(b) another provision of the road transport legislation or any other territory law. Note If a payment for the issue or renewal of a driver licence is not honoured, the licence must be suspended and then cancelled (see Road Transport (General) Regulation 2000, s 17 and s 19). (3) The road transport authority may also suspend a person’s driver licence under section 88 if the authority is satisfied on reasonable grounds that— (a) the person has committed an infringement notice offence; and (b) the infringement notice offence is an offence against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit); and (c) the person has committed the offence by exceeding the speed limit applying to the person by more than 45km/h. (4) Without limiting subsection (1) (c), the road transport authority may suspend or cancel a person’s public vehicle licence under section 88 because the person is not a suitable person to hold a driver licence or a driver licence of the class or kind held by the person if— the road transport authority considers is relevant to the person’s suitability to hold the licence or the class or kind of licence; or approved by the Minister under s 90A (Public vehicle licence (b) the person has contravened the Road Transport (Public Passenger Services) Act 2001. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).