Court powers to cancel or suspend driver licences and permits

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

1  Penalty for offences under the Road Safety Act

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, driving while unlicensed or disqualified).

2  General powers under the Road Safety Act

Courts can cancel driver licences or permits for any offence connected with driving a 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.