Section 123AH: Exceeding permitted maximum number of penalty

123AH. Exceeding permitted maximum number of penalty points (1) (a) Subject to paragraph (b) and subsection (2), where, following an allocation of penalty points by a Court under section 123AG, the Court finds that the convicted person has exceeded the permitted maximum number of penalty points, it shall at the same sitting disqualify, in accordance with section 52, the person from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months. (b) Where a person is disqualified under section 52 and the Court subsequently disqualifies that person under paragraph (a), the Court shall, at the same sitting, cancel his driving licence. (2) (a) Where, following an allocation of penalty points pursuant to section 191 or 195, or by a Court, the licensing officer becomes aware that a person has exceeded the permitted maximum number of penalty points, he shall make a written application to a Magistrate for the issue of a summons to the person to show cause why that person should not be disqualified from holding or obtaining a driving licence. (b) Where the Court is satisfied that a person has exceeded the permitted maximum number of penalty points, it shall, at the same sitting, disqualify the person from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months. (3) (a) Where, pursuant to subsection (1) or (2), a person who is the holder of an instructor’s licence is disqualified from Acts 2012 321 holding or obtaining a driving licence, the Court shall – (i) suspend his instructor’s licence for the period during which he is disqualified from holding or obtaining a driving licence; (ii) order that person to surrender his instructor’s and driving licences to the Court within 5 days of the date of the order; and (iii) forward the instructor’s and driving licences to the licensing officer within 14 days from the date of the order. (b) At the end of the period of disqualification, every licence surrendered pursuant to paragraph (a) shall, at the request of the holder, be returned to him on payment of the prescribed fee. (4) For the purposes of this section, the permitted maximum number of penalty points shall, in the case of a holder of a – (a) provisional driving licence, be 10 points ; (b) driving licence which is not a provisional driving licence, be 15 points.