25Period of ineligibility for unlicensed drivers

### 25 Period of ineligibility for unlicensed drivers > > (1)  A person who does not hold a current driver licence is liable to a period of ineligibility to hold a driver licence because of the accumulation of demerit points as follows: > > > > > > (a) if – > > > > > > > > > > (i) the person has never held a full licence and has not progressed beyond the status of a provisional driver; and > > > > > > > > > > > (ii) the demerit points recorded against the person for traffic offences committed during a period of 12 months or less amount, in aggregate, to 4 or more; > > > > > > > (b) whether or not the person has ever held a full licence – if the demerit points recorded against the person for traffic offences committed during a period of 3 years or less amount, in aggregate, to 12 or more. > > > (1A)  [*\[Section 25 Subsection (1A) inserted by No. 10 of 2008, s. 9, Applied:25 Aug 2008\]*](/view/html/inforce/2008-08-25/act-2008-010#GS9@Hpa@EN) [Subsection (1)(a)](#GS25@Gs1@Hpa@EN) does not apply to a person who has held a provisional licence for the required period to be eligible to obtain a full licence but has never held a full licence. > > > (2)  If a person becomes liable to a period of ineligibility under [subsection (1)](#GS25@Gs1@EN) , the Registrar must serve a notice of ineligibility stating the period of ineligibility and when the period is to commence. > > > (3)  The period of ineligibility is – > > > > > > (a) for a person who has never held a full licence and has not progressed beyond the status of a provisional driver – 3 months (unless the person would have been liable to a longer period of ineligibility if [paragraph (b)](#GS25@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 person when he or she became liable to the period of ineligibility is 12 or more but not more than 15 – 3 months; > > > > > > > > > > > (ii) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 16 or more but not more than 19 – 4 months; > > > > > > > > > > > (iii) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 20 or more – 5 months. > > > (4)  [*\[Section 25 Subsection (4) amended by No. 69 of 2001, s. 13, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS13@Hpa@EN) A period of ineligibility under this section commences on such day as the Registrar determines and specifies in the relevant notice of ineligibility. > > > (5)  [*\[Section 25 Subsection (5) amended by No. 69 of 2001, s. 13, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS13@Hpb@EN) Before a period of ineligibility commences, the person on whom the notice of ineligibility was served may apply for the renewal of his or her last driver licence if – > > > > > > (a) the person would, apart from the ineligibility resulting from the accumulation of demerit points, be entitled to renewal of the licence; and > > > > > > > (b) the person – > > > > > > > > > > (i) has, at some time in the past, held a full licence (whether or not his or her last licence was a full licence) and has not reverted to the status of a learner driver or, if so, has progressed beyond that status; or > > > > > > > > > > > (ii) [*\[Section 25 Subsection (5) amended by No. 10 of 2008, s. 9, Applied:25 Aug 2008\]*](/view/html/inforce/2008-08-25/act-2008-010#GS9@Hpb@EN) has held a provisional licence for the required period to be eligible to obtain a full licence but has never held a full licence. > > > (6)  The application for renewal may be accompanied by a written undertaking, in the form required by the Registrar, to be of good behaviour for a period of 12 months from the date on which the period of ineligibility would otherwise have taken effect. > > > (7)  If a person who makes an application for renewal of a driver licence under [subsection (5)](#GS25@Gs5@EN) would, apart from the ineligibility, be entitled to the renewal, the Registrar must renew the licence and, in that event – > > > > > > (a) if the application was not accompanied by a written undertaking, in the form required by the Registrar, to be of good behaviour for a period of 12 months – the licence will, as from the date of its renewal, be under suspension as if – > > > > > > > > > > (i) the notice of ineligibility had been a notice of licence suspension under [section 24](#GS24@EN) ; and > > > > > > > > > > > (ii) the person on whom the notice was served had been, at the time of service, the holder of a current driver licence; and > > > > > > > > > > > (iii) the period of the licence suspension had been the same as the period of ineligibility and had commenced at the date of renewal of the licence; or > > > > > > > (b) if the application was accompanied by such an undertaking – the licence will not be under suspension on its renewal, but [section 24](#GS24@EN) applies as if – > > > > > > > > > > (i) the notice of ineligibility had been a notice of licence suspension under [section 24](#GS24@EN) ; and > > > > > > > > > > > (ii) the person on whom the notice was served had been, at the time of service, the holder of a current driver licence; and > > > > > > > > > > > (iii) the period of the licence suspension had been the same as the period of ineligibility and had commenced at the date of renewal of the licence; and > > > > > > > > > > > (iv) the undertaking were an undertaking given under [section 24](#GS24@EN) , to be of good behaviour for a period of 12 months from the date of renewal of the licence, as an alternative to undergoing the period of licence suspension. > > > (8)  Subject to [subsection (9)](#GS25@Gs9@EN) , when a period of ineligibility or 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 ineligibility, against the person to whom the notice is given are taken to be deleted. > > > (9)  Demerit points that had not been recorded at the date of the notice of ineligibility (whether incurred before or after that date) are not taken to be deleted. > > > (10)  Once a period of ineligibility imposed under this section has commenced – > > > > > > (a) the person subject to the ineligibility cannot apply for, or be issued with, a driver licence until the end of the period of ineligibility; and > > > > > > > (b) if the person held a driver licence that has expired but may still, apart from this subsection, be renewed – the licence cannot be renewed while the period of ineligibility continues. > > > (11)  [*\[Section 25 Subsection (11) inserted by No. 69 of 2001, s. 13, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS13@Hpc@EN) For [subsection (5)(a)](#GS25@Gs5@Hpa@EN) and [subsection (7)](#GS25@Gs7@EN) , a disqualification from driving for an excessive speeding offence is taken not to be a condition that would disentitle a person so disqualified to the renewal of the person's last driver licence. > > > (12)  [*\[Section 25 Subsection (12) inserted by No. 69 of 2001, s. 13, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS13@Hpc@EN) If a person who is disqualified from driving for an excessive speeding offence makes an application under [subsection (5)](#GS25@Gs5@EN) which is granted, the renewal of the person's last driver licence is not capable of taking effect before the expiration of the period of disqualification.