IF YOU THINK YOU WILL LOSE YOUR DRIVER'S LICENCE YOU CAN MAKE A S.104J ELECTION

ROAD TRAFFIC ACT 1974 - SECT 104J

104J .         Making a s. 104J election

        (1)         A person who is given an excessive demerit points notice may, unless prevented by subsection (2) from doing so, avoid being disqualified from holding or obtaining a driver’s licence because of the notice by making an election under this section for the year commencing when, having regard to section 104M, the period of disqualification specified in the notice would have commenced. 

        (2)         In order to be able to make a section 104J election a person must hold a driver’s licence other than a provisional licence and must not be a novice driver. 

        (3)         By making a section 104J election the person elects not to commit, during the year for which the election is made — 

            (a)         an offence for which 2 or more demerit points can be recorded under this Part against the person; or 

            (b)         offences for which a total of 2 or more demerit points can be recorded under this Part against the person; or 

            (c)         an offence for which the court convicting the person is required by law to disqualify the person from holding or obtaining a driver’s licence; or 

            (d)         an offence the conviction of which results in the person being disqualified by operation of this Act from holding or obtaining a driver’s licence. 

        (4)         The election is to be made in writing, in the form approved by the Director General, and given to the Director General within 21 days after the day on which the Director General gave the excessive demerit points notice. 

        (5)         A section 104J election applies for the period ending at the end of the year for which it is made or, if the period ends earlier under this Part, until the earlier end of the period. 

        [Section 104J inserted by No. 54 of 2006 s. 31; amended by No. 39 of 2007 s. 28.]