100 Agency to remove certain disqualifications

(1)

If an order has been made under section 65 in respect of a person (the applicant), the Agency must make an order removing the disqualification of the applicant from holding or obtaining a driver licence, if satisfied that—

(a)

the applicant is a fit person to hold a driver licence, having regard to—

(i)

a report which is from a health practitioner attached to an assessment centre and which is made available to the Agency by the applicant or the assessment centre; and

(ii)

any other evidence submitted by the applicant or otherwise available to the Agency relating to the medical condition of the applicant.

(b)
[Repealed]

(2)

If the Agency makes an order under subsection (1), every order made under section 65 that applies to the applicant concerned must be treated as having expired.

(3)

No order may be made under subsection (1) if the applicant concerned is subject to an order made under section 65 that has been in force less than 1 year and 1 day.

(4)

If the Agency decides not to remove the disqualification under subsection (1), the Agency must refer the applicant to the right of appeal under section 108.

Compare: 1962 No 135 s 30C

Section 100 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 100(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 100(1)(a)(i): amended, on 7 November 2018, by section 18 of the Land Transport Amendment Act 2016 (2016 No 77).

Section 100(1)(a)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 100(1)(a)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48)

Section 100(1)(a)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 100(1)(b): repealed, on 16 January 2006, by section 55(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 100(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 100(3): amended, on 16 January 2006, by section 55(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 100(4): inserted, on 1 July 2018, by section 33 of the Land Transport Amendment Act 2017 (2017 No 34).