55Power of court to disqualify driver on conviction for certain offences

### 55 Power of court to disqualify driver on conviction for certain offences > > (1)  In this section –[*\[Section 55 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC1@Hpc@EN) > > > > > ***motor vehicle offence*** means – > > > > > > > > (a) an offence against [section 32 of the](/view/html/inforce/2026-04-12/act-1925-038#GS32@EN) [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ; or > > > > > > > > > (b) an indictable offence arising out of the driving, operation or use of a motor vehicle or in the commission of which a vehicle was used or the commission of which was facilitated by a motor vehicle, including any such indictable offence that is triable by a court of petty sessions. > > > (2)  A court that convicts an offender of a motor vehicle offence may, in addition to imposing any other penalty to which the offender is liable – > > > > > > (a) [*\[Section 55 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC2@Hpa@EN) order that the offender be disqualified, either for a specified period or until further ordered by a court, from driving; and > > > > > > > (b) [*\[Section 55 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC2@Hpb@EN) if the court thinks fit order that the offender is not, at the end of the period of disqualification or on the removal of the disqualification, to be granted a driver licence unless the offender passes such driving test or attends such driver training course, or both, as the Registrar of Motor Vehicles may direct or approve. > > > (3)  [*\[Section 55 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC2@Hpd@EN) [*\[Section 55 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC2@Hpc@EN) If an order is made under this section requiring an offender who is disqualified from driving to pass a driving test or to attend a driver training course, then the offender may not obtain a driver licence until whichever of the following last occurs: > > > > > > (a) the expiration of the period of disqualification; > > > > > > > (b) if the person has been ordered to pass a driving test– the passing of the test; > > > > > > > (c) if the person has been ordered to attend a driver training course– the completion of the course; > > > > > > > (d) if the person has been ordered to pass a driving test and attend a driver training course– the passing of the test and the completion of the course. > > > (4)  [*\[Section 55 Subsection (4) inserted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC2@Hpe@EN) Subject to [subsection (5)](#GS55@Gs5@EN) , if a court imposes a disqualification from driving under this section against the holder of an Australian driver licence, the court must either suspend or cancel the licence as follows: > > > > > > (a) [*\[Section 55 Subsection (4) amended by No. 69 of 2001, s. 15, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS15@Hpa@EN) if the disqualification is for 4 months or less– the licence is to be suspended; > > > > > > > (b) [*\[Section 55 Subsection (4) amended by No. 69 of 2001, s. 15, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS15@Hpb@EN) if the disqualification is for more than 4 months– the licence is to be cancelled. > > > (5)  [*\[Section 55 Subsection (5) inserted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja24@GC2@Hpe@EN) The court may, instead of cancelling a licence that is liable to cancellation under [subsection (4)](#GS55@Gs4@EN) , suspend the licence if the court thinks there is good reason to do so.