A court can disqualify a driver if he or she has been found guilty of a traffic offence that carries a penalty of disqualification. However, a court also has the power to disqualify a driver under section 168 of the Road Traffic Act 1961 (SA), which allows for disqualification for any offence using a motor vehicle. The court can impose a disqualification for a fixed period or until further order.
Where a court has disqualified a driver, it may postpone the commencement of disqualification where special reasons exist, for example, to enable a defendant to drive home or complete work commitments.
A driver who has served a court ordered disqualification period will need to renew their licence once the disqualification has been served. Failure to do so will mean that they are not be eligible for the good behaviour option if demerit points apply for the original offence.
The Young Offenders Act 1993 gives the Youth Court the power to order that a child who is found guilty of an offence may not hold or obtain a driver’s licence if it is of the opinion that the child is not a fit and proper person to hold a driver’s licence. Generally, children are treated more leniently than adults.
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