89Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences

89 Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences

(1) If a person is found guilty or convicted of a serious motor vehicle offence, the court must—

(a) if the person is the holder of a driver licence or learner permit, cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies; or

(b) if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or

(c) in any other case where the person is not the holder of a driver licence or learner permit, disqualify him or her from obtaining one for the period of time that the court specifies.

(2) The court must not specify a period of disqualification under subsection (1) that is—

(a) for an offence to which paragraph (d) of the definition of serious motor vehicle offence in section 87P applies, less than 18 months; or

S. 89(2)(b) substituted by No. 6/2020 s. 11(1).

(b) for an offence to which paragraph (a), (b), (ba), (c), (e) or (f)(vii) of the definition of serious motor vehicle offence in section 87P applies, less than 24 months; or

S. 89(2)(c) inserted by No. 6/2020 s. 11(1).

(c) for an offence to which paragraph (f)(i), (ii), (iii), (iv), (v) or (vi) of the definition of serious motor vehicle offence in section 87P applies, less than 12 months.

(3) If a person is found guilty or convicted of an offence under section 319AA of the Crimes Act 1958, the court must—

(a) if the person is the holder of a driver licence or learner permit, cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies, being not less than 12 months; or

(b) if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or

(c) in any other case where the person is not the holder of a driver licence or learner permit, disqualify him or her from obtaining one for the period of time that the court specifies, being not less than 12 months.