152 Determination of driver licence suspension appeals involving death or grievous bodily harm
152 Determination of driver licence suspension appeals involving death or grievous bodily harm
(1) The Local Court may allow an appeal against a decision to suspend a person’s driver licence under the Road Transport (Driver Licensing) Regulation 2017 on the grounds referred to in the Regulation, clause 65(2), only if the Court is satisfied—
(a) there is nothing in the person’s medical condition to suggest the person is, or will again become, incapable of controlling a motor vehicle, and
(b) the incident leading to the suspension of the licence—
(i) was caused by something other than the person’s medical condition at the time, or
(ii) was caused by the person’s medical condition at the time, being a condition to which the person is no longer subject.
(2) If a person alleges the incident was caused by the person’s medical condition at the time, the fact the person has been acquitted of an offence arising out of the incident is irrelevant to the Local Court’s consideration of the matters referred to in subsection (1)(b).