Mecanismos de Control y Señalización

(1) This section applies to the following offences: (a) a category 2 offence;

(b) a category 3 offence;

(c) an offence against section 47E(3); (ca) an offence against section 47EAA(9);

(d) an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident.

(2) Subject to this section, if a police officer reasonably believes that a person has, after the commencement of this section, committed an offence to which this section applies, the police officer may give the person a notice of immediate licence disqualification or suspension in the prescribed form.

(3) The notice must specify the offence to which the notice relates.

(4) If a person is given a notice of immediate licence disqualification or suspension under subsection (2)—

(a) in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the relevant period; or

(b) in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the relevant period.

(5) The Commissioner of Police must ensure that prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles.

(6) The Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the

Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension.

(7) The operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (6).

(7a) If a person is given a notice of immediate licence disqualification or suspension under this section, the Commissioner of Police must ensure—

(a) that a determination is made, within a reasonable time, as to whether to charge the person with an offence to which this section applies; and

Road Traffic Act 1961—1.9.2014

Part 3—Duties of drivers, passengers and pedestrians Division 5—Drink driving and drug driving

(7b) The laying of charges against a person is not prevented by a failure to comply with subsection (7a) in relation to the person or by the making of a determination referred to in that subsection or the notification of such a determination.

(7c) Subject to the making of an order under section 47IAB(2)(a)(ii), the operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (7a).

(8) If the person is not charged with the offence specified in the notice as the offence to which the notice relates but is charged with another offence to which this section applies arising out of the same course of conduct, that offence will then be taken to be the offence to which the notice relates.

(9) If—

(a) a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence

disqualification or suspension under this section; and

(b) a court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and

(c) a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence,

then—

(d) the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and

(e) despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence

disqualification or suspension that has applied to the person as a result of the notice and may impose a period that is less than the mandatory minimum period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum and the period that has applied as a result of the notice).

(10) Subject to subsection (11), no compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section. (11) Subsection (10) does not protect a police officer from liability in respect of the

exercise, or purported exercise, of powers otherwise than in good faith. (12) For the purposes of this section—

(a) the relevant period commences—

(i) at the time at which the person is given the notice of immediate licence disqualification or suspension or, if the police officer giving the notice is satisfied that, in the circumstances, it would be

appropriate to postpone the commencement of the relevant period and indicates in the notice that the commencement is to be

postponed, 48 hours after the time at which the person is given the notice; or

1.9.2014—Road Traffic Act 1961

Duties of drivers, passengers and pedestrians—Part 3 Drink driving and drug driving—Division 5

(ii) if the person is already disqualified from holding or obtaining a driver's licence or holds a driver's licence that is suspended, at the end of that period of disqualification or suspension; and

(b) the relevant period ends—

(i) if the Magistrates Court, on application under section 47IAB, makes an order that the person given the notice is not disqualified, or that the driver's licence held by the person is not suspended, by the notice; or

(ii) if the Magistrates Court reduces the period of disqualification or suspension on application under section 47IAB, when that period ends; or

(iia) if the person given the notice is notified in writing by or on behalf of the Commissioner of Police (whether that notification is given personally or by post) that he or she is not to be charged with any offence to which this section applies arising out of the course of conduct to which the notice of immediate licence disqualification or suspension relates; or

(iii) if proceedings for the offence to which the notice relates are

determined by a court or are withdrawn or otherwise discontinued; or (iv) in any event—

(A) if the offence to which the notice relates is a category 2 offence or an offence against section 47EAA(9)—at the end of 6 months from the commencement of the relevant period; or

(B) in any other case—at the end of 12 months from the commencement of the relevant period.

(14) The Commissioner of Police must establish procedures to be followed by police officers giving notices of immediate licence disqualification or suspension under this section for the purpose of determining whether the commencement of the relevant period should be postponed under subsection (12)(a)(i).

(15) A regulation made before the commencement of this subsection prescribing the form of a notice of immediate licence disqualification or suspension under this section or varying such a form is declared to be, and to have always been, valid.

(16) A notice given to a person by a police officer before the commencement of this subsection that purported to be a notice of immediate licence disqualification or suspension under this section is declared to be, and to have always been, valid if the notice was completed in the prescribed form and was given in the circumstances specified in subsection (2).

(17) The following provisions apply in relation to a prescribed notice:

(a) if the notice specified that the person was alleged to have had a blood alcohol concentration of 0.08 - 0.149, the notice will be taken to have specified that the person was alleged to have committed a category 2 offence;

Road Traffic Act 1961—1.9.2014

Part 3—Duties of drivers, passengers and pedestrians Division 5—Drink driving and drug driving

(b) if the notice specified that the person was alleged to have had a blood alcohol concentration of or above 0.15, the notice will be taken to have specified that the person was alleged to have committed a category 3 offence;

(c) the relevant period under such a notice will be taken to have ended on 26 June 2006 (unless the period ended before that date in accordance with subsection (12)).

(18) For the purposes of subsection (17)—

prescribed notice means a notice that purported to be a notice of immediate licence

disqualification or suspension under this section and that was given to a person before 27 June 2006, other than a notice that specified, as the offence to which the notice relates, an offence described in subsection (1)(c) or (d).