88 Procedures for variation, suspension and cancellation of
(1) If the road transport authority proposes to vary, suspend or cancel a
person’s driver licence (the proposed action) on its own initiative, the
authority must give the person a written notice stating—
(b) if the proposed action is to vary the licence—the proposed
variation; and
(c) if the proposed action is to suspend the licence—the proposed
suspension period; and
(d) the grounds for the proposed action; and
(e) any action that must be taken by the person to avoid or reverse
(f) the date when the variation, suspension or cancellation takes
effect (the date of effect); and
(g) whether and, if so, by when the person is required to return the
licence to the authority if the proposed action takes effect.
(2) The notice must also state that, unless the notice is revoked by the
road transport authority before the date of effect—
(a) if the proposed action is to vary the person’s driver licence—the
person must not drive a motor vehicle of a stated kind on a road
or road related area on or after the date of effect; or
(b) if the proposed action is to suspend the person’s driver licence—
the person must not drive a motor vehicle on a road or road
related area for the period of suspension stated in the notice; or
(c) if the proposed action is to cancel a person’s driver licence—the
person must not drive a motor vehicle on a road or road related
area on or after the date of effect.
(5) However, the road transport authority may decide that the variation,
suspension or cancellation is to take effect on a date not earlier than
the date when the notice is given to the person if the authority
proposes to vary, suspend or cancel the person’s driver licence on the
ground that—
or
driver licence or a driver licence of a particular class or
kind; or
(6) A notice given to a person because of the reason mentioned in
section 87 (3) is taken to be revoked if the infringement notice for the
infringement notice offence is withdrawn under the Road Transport
(General) Act 1999, section 35 or section 36.
(7) The road transport authority must tell a person in writing if a notice
given to the person is taken to be revoked under subsection (6).
(8) A person must not, without reasonable excuse, fail to return his or her
driver licence to the road transport authority in accordance with a
requirement under subsection (1) (g).
(9) If the road transport authority varies a person’s driver licence under
this section, the authority must issue a varied driver licence to the
(10) A driver licence issued to a person under subsection (9) must be
issued for the remainder of the period of the driver licence that it
replaces.
(11) This section does not apply to the making of a condition variation.
Note Condition variations are made under div 3.9.
88AA Mandatory suspension of driver licence for failing to
complete alcohol or drug awareness course
(1) This section applies if the road transport authority is required to
suspend a person’s driver licence under the following sections:
(a) section 73C (3);
(b) section 73D (5);
(c) section 73L (3);
(d) section 73M (5).
(2) The road transport authority must give the person a written notice that
states––
(a) the date of the notice; and
(b) that the person’s licence is suspended, and
(c) the reason for the suspension; and
(d) the date when the suspension takes effect (the date of effect);
and
(e) that the licence is suspended until the authority receives written
evidence that the person has completed an alcohol awareness
course or a drug awareness course specified for the person by
the authority.
(3) The notice must also state that the person must not drive a motor
vehicle on a road or road related area for the period of the suspension
stated in the notice.
(4) The date of effect must not be earlier than 14 days after the date of
the notice.
88AB Public vehicle licence—suspension—knowledge or skills
(a) a person holds a public vehicle licence to drive a bookable
vehicle; and
(b) a determination is in force under the Road Transport (Public
Passenger Services) Regulation 2002, section 221U
(Knowledge and skills to be bookable vehicle driver); and
(c) the road transport authority is satisfied that the person does not
have the knowledge and skills required under the determination
to be a bookable vehicle driver.
Note Bookable vehicle—see the dictionary.
(2) The road transport authority must give the person a written notice that
states––
(a) the date of the notice; and
(b) that the person’s authority to drive a bookable vehicle is
suspended; and
(c) the reason for the suspension; and
(d) the day when the suspension takes effect, being a day not earlier
than 14 days after the date of the notice; and
(e) that the suspension continues until the authority is satisfied that
the person has the knowledge and skills required under the
determination to be a bookable vehicle driver.
(3) The notice must also state that—
(a) for a taxi driver—the person must not drive a taxi on a road or
road related area for the period of the suspension; or
(b) for a rideshare driver—the person must not drive a rideshare
vehicle to provide a public passenger service on a road or road
related area for the period of the suspension; or
(c) for a hire car driver—the person must not drive a hire car on a
road or road related area for the period of the suspension.
88A Public vehicle licence––licence taken to be cancelled if
holder no longer eligible
(a) a person holds a public vehicle licence; and
(b) when the person applied for the licence, the person was eligible,
under section 62 (3) (d), to apply because the person was a
temporary resident who held a visa that allowed the person to
work as a public vehicle driver.
(2) The person’s public vehicle licence is taken to be cancelled if the visa
expires, is revoked or changes so that the person is no longer allowed
to work as a public vehicle driver.
(3) However, subsection (2) does not apply if the person may lawfully
work as a public vehicle driver for another reason.
Examples—other reasons
1 the person is issued with a permanent resident visa
2 the person is issued with a new temporary visa
(4) If a person’s public vehicle licence is taken to be cancelled under this
section, the person must return the licence, and the person’s public
vehicle driver authority card, as soon as practicable (but within 7
days) after the day the licence is taken to be cancelled, to the road
(5) An offence against this section is a strict liability offence.
88B Public vehicle licence––licence holder to give information
about visa status
(a) a person holds a public vehicle licence; and
(b) when the person applied for the licence, the person was eligible,
under section 62 (3) (d), to apply because the person was a
temporary resident who held a visa that allowed the person to
work as a public vehicle driver.
(2) The person commits an offence if—
(a) the road transport authority asks the person, in writing, to give
the authority evidence that the person holds a visa that allows
the person to work as a public vehicle driver; and
(b) the person fails to comply with the request within the stated time
or within 14 days after the day the request was made.
Maximum penalty: 10 penalty units.
Division 5.3 Replacement of driver licences and public vehicle driver authority cards
Division 5.3 Replacement of driver licences and
public vehicle driver authority cards
89 Procedure to replace driver licence or public vehicle
driver authority card
(1) This section applies to an application by a person for the issue of a
replacement driver licence or public vehicle driver authority card—
(a) if the person is the holder of a driver licence or public vehicle
driver authority card and has changed his or her name; or
(b) if the person is the holder of a driver licence that includes
2 classes of licence, or a public vehicle licence, and the person
surrenders a licence class, or the public vehicle licence; or
(c) if the person is the holder of a driver licence that includes a
public vehicle licence and the person ceases to be eligible to hold
the public vehicle licence; or
(d) if the person is the holder of a driver licence or public vehicle
driver authority card and the licence or card has been damaged,
stolen, lost or destroyed; or
(e) if a condition imposed by the road transport authority on a driver
licence has expired.
Note 1 The holder of a driver licence who changes his or her name must apply
to the road transport authority for the issue of a replacement licence (see
s 74).
Note 2 Section 82 permits the making of an application for the surrender of a
class of licence or a public vehicle licence.
Note 3 If a person’s driver licence or public vehicle driver authority card is
damaged in a material particular, stolen, lost or destroyed, the person
must apply to the road transport authority for the issue of a replacement
licence or card (see s 75).
Replacement of driver licences and public vehicle driver authority cards Division 5.3
(2) The person must give the road transport authority—
(a) a completed application form; and
confirm the particulars.
(4) The person must, with the application—
(a) return the driver licence or public vehicle driver authority card
to the road transport authority; or
(b) if the licence or card has been stolen, lost or destroyed—give the
authority a signed statement that the licence or card has been
stolen, lost or destroyed.
Note Under the Act, s 10 (2) the road transport authority may issue a licence if
the authority is satisfied the current licence has been stolen, lost or
destroyed.
(5) If the person complies with this section (and any other relevant
provisions of the road transport legislation), the road transport
authority must approve the application unless the authority is taking
action to suspend, vary or cancel the licence or card.
(6) If the road transport authority approves the application, the authority
must issue a replacement driver licence or public vehicle driver
authority card to the person.
(7) A driver licence or public vehicle driver authority card issued to a
person under subsection (6) must be issued for the remainder of the
period of the licence or card that it replaces.