Road Transport Legislation Amendment Act 2009 (ACT)

Case

Road Transport Legislation Amendment Act 2009

A2009-5

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Road Transport (Driver Licensing) Act 1999

  1. Legislation amended—pt 2  3

  2. Consequences of incurring demerit points—holder of licence


    New section 16 (2A) and (2B)  3

  3. Demerit points not affected by licence suspension etc under another law


    Section 24 (1) and (2)  3

Part 3Road Transport (Driver Licensing) Regulation 2000

  1. Legislation amended—pt 3  5

  2. Demerit points incurred by learner and provisional licence holders


    New section 124 (2A) and (2B)  5

  3. Demerit points incurred by holders of licences with additional provisional class


    New section 127 (4) and (5)  6

  4. Demerit points incurred by restricted licence holders


    New section 130 (2A) and (2B)  6

  5. Demerit points incurred by probationary licence holders


    New section 132 (3) and (4)  7

  6. Demerit points—pt 8 not affected by suspension etc under another law


    Section 135 (1) and (2)  7

Part 4Road Transport (Safety and Traffic Management) Act 1999

  1. Legislation amended—pt 4  8

  2. Meaning of relevant information for pt 6


    Section 22A (c)  8

  3. Use of camera detection devices


    Section 23 (1) (a)  8

  4. Evidentiary certificates etc


    Section 25 (5) (e)  9

Road Transport Legislation Amendment Act 2009

A2009-5

An Act to amend legislation about road transport

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport Legislation Amendment Act 2009.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2Road Transport (Driver Licensing) Act 1999

  1. Legislation amended—pt 2

    This part amends the Road Transport (Driver Licensing) Act 1999.

  2. Consequences of incurring demerit points—holder of licence
    New section 16 (2A) and (2B)

    insert

    (2A)If the person’s licence is already suspended (the current suspension) under a territory law, before serving a notice of licence suspension the road transport authority must serve a notice on the person stating that—

    (a)the person has incurred the demerit points; and

    (b)the licence suspension under section 18 is additional to, not concurrent with, the current suspension; and

    (c)the person will be served with a notice of licence suspension under section 18.

    (2B)Failure to comply with subsection (2A) does not affect the validity of anything done by the road transport authority or a court.

  3. Demerit points not affected by licence suspension etc under another law
    Section 24 (1) and (2)

    substitute

    (1)A period of licence suspension under this division is additional to, not concurrent with, any period of licence suspension otherwise imposed under this division or another territory law.

    (2)A period of disqualification from holding or obtaining a driver licence under this division is additional to, not concurrent with, any period of disqualification or licence suspension otherwise imposed under this division or another territory law.

Part 3Road Transport (Driver Licensing) Regulation 2000

  1. Legislation amended—pt 3

    This part amends the Road Transport (Driver Licensing) Regulation 2000.

  2. Demerit points incurred by learner and provisional licence holders
    New section 124 (2A) and (2B)

    insert

    (2A)If the person’s licence is already suspended (the current suspension) under a territory law, before serving a notice of licence suspension the road transport authority must serve a notice on the person stating that—

    (a)the person has incurred the demerit points; and

    (b)the licence suspension under section 125 is additional to, not concurrent with, the current suspension; and

    (c)the person will be served with a notice of licence suspension under section 125. 

    (2B)Failure to comply with subsection (2A) does not affect the validity of anything done by the road transport authority or a court.

  3. Demerit points incurred by holders of licences with additional provisional class
    New section 127 (4) and (5)

    insert

    (4)If the person’s additional provisional class is already suspended (the current suspension) under a territory law, before serving a notice of additional provisional class suspension the road transport authority must serve a notice on the person stating that—

    (a)the person has incurred the demerit points; and

    (b)the additional provisional class suspension under section 128 is additional to, not concurrent with, the current suspension; and

    (c)the person will be served with a notice of additional provisional class suspension under section 128.

    (5)Failure to comply with subsection (4) does not affect the validity of anything done by the road transport authority or a court.

  4. Demerit points incurred by restricted licence holders
    New section 130 (2A) and (2B)

    insert

    (2A)If the person’s licence is suspended (the current suspension) under a territory law, before serving a notice of licence cancellation the road transport authority must serve a notice on the person stating that—

    (a)the person has incurred the demerit points; and

    (b)the licence cancellation under this section is additional to, not concurrent with, the current suspension; and

    (c)the person will be served with a notice of licence cancellation under this section.

    (2B)Failure to comply with subsection (2A) does not affect the validity of anything done by the road transport authority or a court.

  5. Demerit points incurred by probationary licence holders
    New section 132 (3) and (4)

    insert

    (3)If the person’s licence is suspended (the current suspension) under a territory law, before serving a notice of licence cancellation the road transport authority must serve a notice on the person stating that—

    (a)the person has incurred the demerit points; and

    (b)the licence cancellation under section 133 is additional to, not concurrent with, the current suspension; and

    (c)the person will be served with a notice of licence cancellation under section 133.

    (4)Failure to comply with subsection (3) does not affect the validity of anything done by the road transport authority or a court.

  6. Demerit points—pt 8 not affected by suspension etc under another law
    Section 135 (1) and (2)

    substitute

    (1)A period of licence suspension under this part is additional to, not concurrent with, any period of licence suspension otherwise imposed under this division or another territory law.

    (2)A period of disqualification from holding or obtaining a driver licence under this part is additional to, not concurrent with, any period of disqualification or licence suspension otherwise imposed under this division or another territory law.

Part 4Road Transport (Safety and Traffic Management) Act 1999

  1. Legislation amended—pt 4

    This part amends the Road Transport (Safety and Traffic Management) Act 1999.

  2. Meaning of relevant information for pt 6
    Section 22A (c)

    substitute

    (c)if the vehicle is being driven in contravention of a regulation about traffic lights—

    (i)the general direction and lane in which the vehicle is being driven; and

    (ii)the time a red traffic light or red traffic arrow facing the driver of the vehicle is showing before the driver contravenes the regulation; and

  3. Use of camera detection devices
    Section 23 (1) (a)

    substitute

    (a)take complying images of vehicles being driven in contravention of a regulation about traffic lights;

  4. Evidentiary certificates etc
    Section 25 (5) (e)

    substitute

    (e)if the information indicates the length of time a red traffic light or red traffic arrow facing the driver of the vehicle had been showing—that the light or arrow shown in the image had been showing for the stated time before the driver contravened a regulation about traffic lights.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 11 December 2008.

  2. Notification

    Notified under the Legislation Act on 4 March 2009.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport Legislation Amendment Bill 2009, which originated in the Legislative Assembly as the Road Transport Legislation Amendment Bill 2008 (No 2) and was passed by the Assembly on 24 February 2009.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2009

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