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Road Transport (General) Act 1999
67AEligibility of disqualified first offender for restricted
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67A Eligibility of disqualified first offender for restricted
licence—automatic disqualification provisions
(1) This section applies to a person if the person is—
(a) disqualified from holding or obtaining a driver licence under an
automatic disqualification provision; and
(b) a first offender for the offence to which the disqualification
relates.
(2) Subsection (3) applies to the person if—
(a) the person is disqualified from holding or obtaining a driver
licence under the Road Transport (Alcohol and Drugs)
Act 1977, section 27 (Automatic driver licence
disqualification—first offenders, s 19); and
(b) when the person committed the offence the person was either—
(i) a special driver with a concentration of alcohol of 0.05g or
more in 100mL of the person’s blood or 210L of the
person’s breath; or
(ii) a driver other than a special driver with a concentration of
alcohol of 0.1g or more in 100mL of the person’s blood or
210L of the person’s breath when the person committed the
(3) The person is not eligible to apply for, or be issued with, a restricted
(4) Subsection (5) applies to the person if the person is disqualified from
holding or obtaining a driver licence under an automatic
disqualification provision, other than the Road Transport (Alcohol
and Drugs) Act 1977, section 27.
(5) The person is not eligible to apply for, or be issued with, a restricted
licence until the end of the minimum period of disqualification
applying to the person under the automatic disqualification provision
in relation to the offence (whether or not the period is expressed to be
such a minimum period).
Examples—minimum periods of disqualification
1 For s 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)).
2 For the Road Transport (Alcohol and Drugs) Act 1977, s 34A, the minimum
disqualification period is 6 months (see that Act, s 34A (2) (b)).
3 For the Road Transport (Driver Licensing) Act 1999, s 32 (1), (2) or (3), the
minimum period of disqualification is 12 months (see that Act, s 32 (5) (a)).
Note The Road Transport (Alcohol and Drugs) Act 1977, s 27 applies to first
offenders and only applies for this section if the offender has a limited
concentration of alcohol in their blood or breath. That Act, s 28 applies
to repeat offenders.