Court powers to cancel or suspend licences or permits


Magistrates can cancel or suspend driver licences and permits in four situations:

1  Penalty for offence under the RSA

Certain driving offences require automatic licence cancellation or suspension (e.g. drink-driving and speeding). For other driving offences, magistrates have the discretion to suspend or cancel driver licences (e.g. unlicensed driving, drive while disqualified).

2  General powers under the RSA

Courts have a general power to cancel driver licences or permits for any offence in connection with the driving of a motor vehicle (e.g. driving a car to commit a criminal offence – s 28(1)(b).

3  Certain Crimes Act offences

Courts can cancel or suspend licences and permits when certain Crimes Act 1958 (Vic) offences (e.g. car theft) are committed (see s 89A).

4  Other general power

Magistrates can now cancel or suspend licences and permits for any offence (s 89AB). This power can only be used if the three categories mentioned above do not apply. Drivers who lose their licence under this provision must apply to the court to be re-licensed.