Land Transport Act 1998

19 Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended

(1)

If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

(a)

the person in charge of the hospital to which the person is referred or at which the person is detained must notify the Agency of the making of an inpatient order or that the person is a special patient (as the case may be); and

(b)

the licence is suspended while the holder is subject to an inpatient order or is a special patient.

(2)

A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.

(3)

The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—

(a)

in the case of a licence that applies to commercial vehicles, forward the licence to the Agency; or

(b)

in any other case, return the licence to the holder or to the person in possession referred to in subsection (2).

(4)

If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Agency a certificate to that effect and (if it is in his or her possession) return the licence to the Agency; and the licence has no effect unless it is returned to the holder under subsection (5).

(5)

A person referred to in subsection (4) may apply to the Agency for the return of his or her driver licence and the Agency must return the licence if satisfied the holder is fit to drive.

(6)

If—

(a)

a person to whom subsection (1) applies is, under any of sections 31, 50, and 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, permitted to be absent on leave from a hospital under that Act; and

(b)

a responsible clinician certifies in writing that, in the clinician’s opinion, that person is fit to hold a driver licence,—

subsection (1)(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person’s driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.

(7)

In any case to which subsection (3)(a) applies, once the holder ceases to be subject to this section, the Agency must, as soon as practicable after the Agency is satisfied the holder is eligible to hold the licence, return the licence to the holder or to the person previously in possession referred to in subsection (2).

Compare: 1986 No 6 s 46

Section 19(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(1)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(3)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(3)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(4): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(5): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

Section 19(7): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 19(7): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).