Western Australian Consolidated Acts

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ROAD TRAFFIC ACT 1974 - SECT 104IA

104IA .         Excessive demerit points (novice driver) notice

        (1)         In this section —

        post-commencement demerit points means current demerit points other than those recorded for an offence committed before the day on which the Road Traffic Amendment Act (No. 2) 2007 section 27 comes into operation  1 .

        (2)         If the number of post-commencement demerit points recorded in the demerit points register against a novice driver (type 1) reaches at least 4, or against a novice driver (type 2) reaches at least 8, the Director General is to give the novice driver, in accordance with section 104R, an excessive demerit points (novice driver) notice stating —

            (a)         the day on which that number of post-commencement demerit points was reached; and

            (b)         the number of post-commencement demerit points reached on that day; and

            (c)         that the period of disqualification is 3 months; and

            (d)         that the period of disqualification will commence on the day after the notice is given or a later day specified in the notice.

        (3)         Post-commencement demerit points recorded against the person in the demerit points register on or before the day on which, according to the notice, the stated number of demerit points was reached are cancelled.

        (4)         The person to whom the notice is given is disqualified from holding or obtaining a driver’s licence for the period of 3 months specified in the notice.

        (5)         Nothing in this section prevents the day on which the period of disqualification commences from being postponed under section 104M.

        (6)         Regulations referred to in section 104O(7) may provide for all or some of the post-commencement demerit points cancelled under subsection (3) to be again recorded against the person.

        (7)         Nothing in this section prevents section 104I from applying to a novice driver.

        [Section 104IA inserted by No. 39 of 2007 s. 27.]



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