41

41 Notice of variation, suspension or cancellation of driver licence

(1)  If the Registrar makes a decision to vary, suspend or cancel a person's driver licence under this Division, the Registrar must give the person written notice of –

(a) the variation, suspension or cancellation of the licence; and

(b) subject to subregulation (2) , the reasons for the variation, suspension or cancellation; and

(c) the date on which the variation, suspension or cancellation takes effect.

(2)  [Regulation 41 Subregulation (2) amended by S.R. 2021, No. 54, Applied:04 Aug 2021] Despite subregulation (1) , if a written notice under that subregulation relates to a decision of the Registrar that is not, by virtue of regulation 40(5) , an administrative decision for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2021 , the Registrar –

(a) is not required to give written notice of the reasons for the variation, suspension or cancellation under subregulation (1)(b) ; but

(b) must, in addition to the other matters specified in subregulation (1) , state in the written notice that the decision of the Registrar is not an administrative decision for the purposes of those regulations.

(3)  If the proposed variation, suspension or cancellation is based on a default that is capable of remedy, the Registrar –

(a) must state in the notice –

(i) the action that must be taken by the holder of the driver licence to avoid the variation, suspension or cancellation; and

(ii) the date by which the holder of the licence must take that action; and

(b) if satisfied that the holder of the licence has taken the necessary action by the specified date, must withdraw the notice.

(4)  The notice under subregulation (1) must also state –

(a) in the case of a notice of variation, the effect of the variation and, if any limitation or restriction on driving results from the variation, the nature of the limitation or restriction; or

(b) in the case of a notice of suspension, that, as from the date on which the suspension takes effect, the person is not authorised to drive a motor vehicle on a public street for the period of suspension specified in the notice; or

(c) in the case of a notice of cancellation, that, as from the date on which the cancellation takes effect, the person is no longer authorised to drive a motor vehicle on a public street.

(5)  A driver licence is varied, suspended or cancelled in accordance with the notice.

(6)  If a driver licence is suspended under this Division, the suspension terminates if –

(a) the period of suspension stated in the notice comes to an end; or

(b) the Registrar terminates the suspension.

(7)  For the avoidance of doubt, if a driver licence is suspended under this Division, the period of suspension does not terminate if the licence is cancelled, or expires, while so suspended.