24Licence to be suspended when demerit points reach prescribed limit

### 24 Licence to be suspended when demerit points reach prescribed limit > > (1)  A driver licence is liable to suspension because of the accumulation of demerit points against the holder of the licence as follows: > > > > > > (a) a learner or provisional licence is liable to suspension if – > > > > > > > > > > (i) the holder of the licence has never held a full licence; and > > > > > > > > > > > (ii) the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less amount, in aggregate, to 4 or more; > > > > > > > (b) [*\[Section 24 Subsection (1) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-104#GS21@Hpa@EN) a driver licence (whatever its type) is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 3 years or less amount, in aggregate, to 12 or more; > > > > > > > (c) [*\[Section 24 Subsection (1) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-104#GS21@Hpb@EN) a full licence is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less as the holder of a previous provisional licence amount, in aggregate, to 4 or more. > > > (2)  If a driver licence becomes liable to suspension under [subsection (1)](#GS24@Gs1@EN) , the Registrar must serve a notice of licence suspension on the holder of the licence stating the period of licence suspension and when the period is to commence. > > > (2A)  [*\[Section 24 Subsection (2A) inserted by No. 68 of 2007, s. 17, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS17@EN) The Registrar, by notice in writing served on the holder of the licence, may withdraw a notice of licence suspension at any time before the suspension takes effect. > > > (3)  The period of suspension is – > > > > > > (a) [*\[Section 24 Subsection (3) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-104#GS21@Hpc@EN) for the holder of a learner or provisional licence or the holder of a full licence whose liability to suspension arises under [subsection (1)(c)](#GS24@Gs1@Hpc@EN) – 3 months (unless the person would have been liable to a longer period of licence suspension if [paragraph (b)](#GS24@Gs3@Hpb@EN) was applicable, in which case the longer period applies); or > > > > > > > (b) in any other case as follows: > > > > > > > > > > (i) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 12 or more but not more than 15 – 3 months; > > > > > > > > > > > (ii) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 16 or more but not more than 19 – 4 months; > > > > > > > > > > > (iii) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 20 or more – 5 months. > > > (4)  [*\[Section 24 Subsection (4) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS12@Hpa@EN) Unless the driver licence is a learner licence or a provisional licence, the holder of the licence may, as an alternative to undergoing the licence suspension under this section, give the Registrar a written undertaking to be of good behaviour for a period of 12 months from the date on which the licence suspension would otherwise have taken effect. > > > (5)  The undertaking must be given in the form required by the Registrar – > > > > > > (a) within 21 days from the date of service of the notice of licence suspension; or > > > > > > > (b) at a later time allowed by the Registrar in a particular case. > > > (6)  [*\[Section 24 Subsection (6) amended by No. 40 of 2000, s. 6, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-040#GS6@EN) If – > > > > > > (a) the holder of a driver licence gives an undertaking to be of good behaviour as required under this section; and > > > > > > > (b) during the period to which the undertaking relates commits an offence (or offences) in respect of which 2 or more demerit points (in aggregate) are recorded – > > > > the Registrar must serve a further notice of licence suspension on the holder of the licence (whether or not the period of good behaviour has expired) for twice the period of licence suspension to which the person was liable when the first notice of licence suspension was served, and the person is not entitled to give a further undertaking under [subsection (4)](#GS24@Gs4@EN) as an alternative to undergoing the licence suspension. > > > (7)  A period of licence suspension under this section commences – > > > > > > (a) [*\[Section 24 Subsection (7) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS12@Hpb@EN) on such day following the 21 day period after the relevant notice of licence suspension is served as the Registrar determines and specifies in that notice; or > > > > > > > (b) [*\[Section 24 Subsection (7) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS12@Hpb@EN) if the holder of the licence is not subject to a current period of licence suspension, disqualification from driving or ineligibility to hold a driver licence and submits to the licence suspension on an earlier day by returning the licence to the Registrar, on that earlier day. > > > (8)  Subject to [subsection (9)](#GS24@Gs9@EN) , when a period of licence suspension commences, or an undertaking to be of good behaviour is given, under this section, the demerit points recorded in the register, as at the date of the notice of licence suspension, against the person to whom the notice is given are taken to be deleted. > > > (9)  [Subsection (8)](#GS24@Gs8@EN) is subject to the following qualifications: > > > > > > (a) demerit points that had not been recorded at the date of the notice of licence suspension (whether incurred before or after that date) are not taken to be deleted; > > > > > > > (b) if the notice of licence suspension is given because of the accumulation of demerit points during a period for which the person liable to the licence suspension has undertaken to be of good behaviour, demerit points incurred after the date of the first notice of licence suspension are not taken to be deleted. > > > (10)  If a driver licence would, but for this subsection, expire during the course of a period of licence suspension imposed under this section, the term of the licence is extended by this subsection until the end of the period of suspension. > > > (11)  [*\[Section 24 Subsection (11) inserted by No. 69 of 2001, s. 12, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS12@Hpc@EN) If a driver licence that is liable to suspension under this section is due to expire during a period of disqualification from driving imposed for an excessive speeding offence – > > > > > > (a) the holder of the licence may, notwithstanding the disqualification, apply for the renewal of the licence; and > > > > > > > (b) the renewal, if granted, is not capable of taking effect before the expiration of the period of disqualification.