s 46 Licensee may make representations against suspension of driving licence
46. —(1) To suspend a person’s driving licence under section 45, the Deputy Commissioner of Police must first give a notice to the person concerned — ( a ) stating that the Deputy Commissioner of Police proposes to suspend the person’s driving licence on such date (called in this section the proposed suspension date) being at least 4 weeks after the date of giving the notice; ( b ) setting out the reasons for suspending the person’s driving licence; and ( c ) specifying the period (being at least 4 weeks after the date of giving the notice) within which representations or objections with respect to the proposed suspension may be made. [19/2019] (2) Then, the Deputy Commissioner of Police may, after considering any representations or objections which are duly made within the period mentioned in subsection (1)( c ) and not withdrawn by the person concerned — ( a ) suspend the person’s driving licence on the proposed suspension date; or ( b ) postpone the proposed suspension date to a later date if the person represents to the Deputy Commissioner of Police that the person will attend a prescribed course on safe driving, and suspend the person’s driving licence on the later date on completion of that course. [19/2019] (3) The Deputy Commissioner of Police must immediately inform the person concerned of his or her decision under subsection (2). [19/2019] (4) However, the Deputy Commissioner of Police may, on his or her own initiative, rescind the suspension of a person’s driving licence, after re‑considering any representations or objections made by that person within the period mentioned in subsection (1)( c ). [19/2019] (5) This section applies only in relation to a notice given by the Deputy Commissioner of Police under subsection (1) on or after 29 June 2021, and section 46 as in force immediately before that date continues to apply in relation to a notice given by the Deputy Commissioner of Police under that section before that date. [19/2019] —(1) To suspend a person’s driving licence under section 45, the Deputy Commissioner of Police must first give a notice to the person concerned — ( a ) stating that the Deputy Commissioner of Police proposes to suspend the person’s driving licence on such date (called in this section the proposed suspension date) being at least 4 weeks after the date of giving the notice; ( b ) setting out the reasons for suspending the person’s driving licence; and ( c ) specifying the period (being at least 4 weeks after the date of giving the notice) within which representations or objections with respect to the proposed suspension may be made. [19/2019] (2) Then, the Deputy Commissioner of Police may, after considering any representations or objections which are duly made within the period mentioned in subsection (1)( c ) and not withdrawn by the person concerned — ( a ) suspend the person’s driving licence on the proposed suspension date; or ( b ) postpone the proposed suspension date to a later date if the person represents to the Deputy Commissioner of Police that the person will attend a prescribed course on safe driving, and suspend the person’s driving licence on the later date on completion of that course. [19/2019] (3) The Deputy Commissioner of Police must immediately inform the person concerned of his or her decision under subsection (2). [19/2019] (4) However, the Deputy Commissioner of Police may, on his or her own initiative, rescind the suspension of a person’s driving licence, after re‑considering any representations or objections made by that person within the period mentioned in subsection (1)( c ). [19/2019] (5) This section applies only in relation to a notice given by the Deputy Commissioner of Police under subsection (1) on or after 29 June 2021, and section 46 as in force immediately before that date continues to apply in relation to a notice given by the Deputy Commissioner of Police under that section before that date. [19/2019]