The adjudicator has authority delegated by the Superintendent and exercises that power within the Superintendent's guidelines. It is worth noting that a discretionary power is not just the authority to exercise judgment but the obligation to do so. Thus, the actual intervention with a particular driver is at the discretion of the adjudicator, who reviews the driver's record and the circumstances of the case. Seriousness of the recorded offences History and pattern of the offences Previous prohibitions Lenience granted for prior prohibi tions Previous commitments by the driver Any improvement in driving behaviour. An average first-time prohibition is three months.
Subsequent prohibitions are typically longer.
Except when the risk is too great to permit delay, the adjudicator sends the driver notice of the prohibition via a document called a Notice of Intention to Prohibit. A copy of the driver's record, which forms the basis for the prohibition, accompanies this notice. The driver has 21 days to respond, stating why the prohibition should be reduced or should not proceed. The adjudicator may confirm, cancel, or reduce the prohibition. If the prohibition is confirmed, a Notice of Prohibition is issued.