Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
sec.294Persons not eligible to apply for section 79E orders—particular circumstances
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sec.294 Persons not eligible to apply for section 79E orders—particular circumstances
A person who has a suspended licence is not eligible to apply for a section 79E order if the act or omission that resulted in the relevant charge for the suspended licence happened, or is alleged to have happened, in 1 or more of the following circumstances— while the person was engaged in an activity directly connected with the person’s means of earning a living; while the person was driving a motor vehicle the person was not authorised, under an open licence, to drive; while the person held a restricted licence; while the person was driving a motor vehicle to which section 79 (2B) of the Act applies; for a person who has been given a notice to choose and who, within the choice period, notifies the chief executive in writing that the person agrees to be of good behaviour for a year while driving under section 264 (1) (b) —during the person’s good behaviour year; after the person had been given a notice to choose, but before the end of the choice period.
- (a) while the person was engaged in an activity directly connected with the person’s means of earning a living;
- (b) while the person was driving a motor vehicle the person was not authorised, under an open licence, to drive;
- (c) while the person held a restricted licence;
- (d) while the person was driving a motor vehicle to which section 79 (2B) of the Act applies;
- (e) for a person who has been given a notice to choose and who, within the choice period, notifies the chief executive in writing that the person agrees to be of good behaviour for a year while driving under section 264 (1) (b) —during the person’s good behaviour year;
- (f) after the person had been given a notice to choose, but before the end of the choice period.