Road Transport (General) Act 1999 Road Transport (General) Amendment (Suspension of Licences) Regulation 2001 (2001-632) [GG No 127 of 17.8.2001, p 6031] (NSW)
2001 No 632
| Road Transport (General) Amendment | New South Wales |
(Suspension of Licences)
Regulation 2001
under the
Road Transport (General) Act 1999
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 1999.
CARL SCULLY, M.P.,
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (General) Regulation 1999 so as to restrict the power of a Local Court to allow certain kinds of appeal against the suspension of a driver’s licence.
This Regulation is made under the Road Transport (General) Act 1999, including section 71 (the general power to make regulations) and clause 24 of Schedule 2.
| Published in Gazette No 127 of 17 August 2001, page 6031 | Page 1 |
| [4] | |
| 2001 No 632 | |
| Clause 1 | Road Transport (General) Amendment (Suspension of Licences) Regulation 2001 |
Road Transport (General) Amendment (Suspension
of Licences) Regulation 2001
Name of Regulation
This Regulation is the Road Transport (General) Amendment
(Suspension of Licences) Regulation 2001.
2 Commencement
This Regulation commences on 17 August 2001.
Amendment of Road Transport (General) Regulation 1999
The Road Transport (General) Regulation 1999 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
2001 No 632
Road Transport (General) Amendment (Suspension of Licences)
Regulation 2001
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
Schedule 2, Savings and transitional provisions, clause 6
Insert after clause 6 (7):
(7A) A Local Court may only allow an appeal against a decision to suspend a person’s driver licence under the Road Transport (Driver Licensing) Regulation 1999 on the grounds referred to in clause 38 (1A) of that Regulation if the Court is satisfied:
(a) that there is nothing in the person’s medical condition to suggest that the person is, or will again become, incapable of controlling a motor vehicle, and (b) that the incident that led to the suspension of the licence: (i) was caused by something other than the person’s medical condition at the time, or
(ii) was caused by the person’s medical condition at that time, being a condition to which the person is no longer subject.
(7B)
The fact that a person has been acquitted of an offence arising out of the incident that led to the suspension of the person’s driver licence, following the person’s allegation that the incident was caused by the person’s medical condition at that time, is irrelevant to the Local Court’s consideration of the matters referred to in subclause (7A) (b).
BY AUTHORITY
0
0
0