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Formal Consolidation |  2004 RevEd
Licensee may show cause why driving licence should not be suspended
46.—(1)  The Deputy Commissioner of Police shall, before suspending a driving licence of a person under section 45, give the person concerned notice in writing of his intention to do so —
(a)specifying a date, not less than 14 days after the date of the notice, upon which such suspension shall be made; and
(b)calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be suspended.
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to suspend the driving licence of such person under section 45, the Deputy Commissioner of Police shall immediately inform the person by notice in writing of the suspension.
(3)  A person may, within —
(a)14 days of the receipt of the notice referred to in subsection (2); or
(b)such extended period of time as the Minister may allow,
appeal in writing against the suspension to the Minister whose decision shall be final.
(4)  An order of suspension under section 45 shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
Informal Consolidation | Amended S 304/2005
Licensee may show cause why driving licence should not be suspended
46.—(1)  The Deputy Commissioner of Police shall, before suspending a driving licence of a person under section 45, give the person concerned notice in writing of his intention to do so —
(a)specifying a date, not less than 14 days after the date of the notice, upon which such suspension shall be made; and
(b)calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be suspended.
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to suspend the driving licence of such person under section 45, the Deputy Commissioner of Police shall immediately inform the person by notice in writing of the suspension.
(3)  A person may, within —
(a)14 days of the receipt of the notice referred to in subsection (2); or
(b)such extended period of time as the Minister may allow,
appeal in writing against the suspension to the Minister whose decision shall be final.
(4)  An order of suspension under section 45 shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.