Part 2 Application for issue or variation of driver licence

Division 1 Eligibility to apply for licences

6   Eligibility to apply for issue or variation of driver licence

(1)  A person is eligible to apply for a car licence if he or she is 17 years of age or over.

(2)  A person is eligible to apply for a driver licence (not being a motorcycle licence, a car licence, a learner licence or a provisional licence) if he or she meets the relevant eligibility requirements set out in this clause for the class of licence sought, or is exempted by the Authority (in accordance with clause 8) from being required to do so.

Note. Clause 7 sets out requirements to obtain motorcycle licences. Clause 10 sets out requirements to obtain learner licences.

(3)  A person is eligible to apply for variation of his or her driver licence to include an additional licence class if he or she:

(a)  meets the relevant eligibility requirements for that class, or

(b)  is exempted by the Authority (in accordance with clause 8) from meeting those requirements.

(4)  The relevant eligibility requirements are:

(a)  for a light rigid vehicle licence or medium rigid vehicle licence—that the person has, at any time, held an Australian driver licence (including a provisional licence) of the class C for a period of, or periods totalling, at least 12 months, and

(b)  for a heavy rigid vehicle licence—that the person has, at any time, held an Australian driver licence (including a provisional licence) of the class C for a period of, or periods totalling, at least 24 months, and

(c)  for a heavy combination vehicle licence—that the person has, at any time, held an Australian driver licence of the class MR or HR for a period of, or periods totalling, at least 12 months, and

(d)  for a multi-combination vehicle licence—that the person has, at any time, held an Australian driver licence of the class HR or HC for a period of, or periods totalling, at least 12 months, and the Authority is satisfied that the person has passed a training course, or has satisfied any other assessment, approved by the Authority.

(5)  In determining the periods for which a person has held a licence specified in a paragraph of subclause (4), the Authority must exclude any period for which the person’s driver licence has been suspended (other than a suspension on medical grounds) or the person has been disqualified from driving.

(6)  A person who holds a provisional P1 licence is not eligible for a light rigid vehicle licence, medium rigid vehicle licence, heavy rigid vehicle licence, heavy combination vehicle licence or multi-combination vehicle licence.

Note. A provisional P1 licence is issued to a person who is licensed under the first provisional licence stage, and a provisional P2 licence is issued to a driver who is licensed under the second provisional licence stage—see clauses 15 and 15A.

(7)  A person who holds a provisional P2 licence is not eligible to apply for a heavy combination vehicle licence or multi-combination vehicle licence unless the Authority, in its discretion, being satisfied that special circumstances exist in the particular case, determines that such a person is eligible to apply for one or the other of those unrestricted licences.

Note. Details of licence classes, names and codes are set out in clauses 26 and 27.

6A   Special eligibility criteria for temporary overseas visitors

(1)  A temporary overseas visitor is not eligible to be issued a driver licence until the person has been a resident of Australia as a temporary overseas visitor for a continuous period of at least 6 months immediately prior to applying for the licence.

(2)  A temporary overseas visitor is not eligible to be issued a driver licence that will be in force for a period of more than 12 months and is not eligible to have a driver licence held by the person renewed for a period of more than 12 months. A driver licence renewed before its expiry may be renewed for a period of up to 12 months beyond the expiry of the licence being renewed.

(3)  This clause is subject to the following exceptions:

(a)  this clause does not apply to a person who holds, or has ever held, a NSW driver licence issued before the commencement of this clause,

(b)  this clause does not apply to the issue of a driver licence to a person who holds, or held within the previous 2 years, an interstate driver licence, unless the person is already recorded as a temporary overseas visitor on a driver licence register maintained by the Authority,

(c)  this clause does not apply to the renewal of a NSW driver licence issued under the exemption provided by paragraph (b),

(d)  subclause (1) does not apply to a person who holds, or held within the previous 5 years, a driver licence issued in New Zealand,

(e)  the Authority may exempt a person from the operation of a provision of this clause in such circumstances as the Authority considers appropriate.

(4)  In this clause:

interstate driver licence means an Australian driver licence issued in another jurisdiction.

NSW driver licence means an Australian driver licence issued in New South Wales.

temporary overseas visitor means a person who:

(a)  is not an Australian citizen, and

(b)  is not a permanent resident of Australia.

7   Eligibility to apply for issue of motorcycle licence

(1)  A person is eligible to apply for a motorcycle licence if he or she:

(a)  is 17 years of age or over, and

(b)  meets the relevant eligibility requirements set out in this clause, or is exempted by the Authority (in accordance with clause 8) from being required to do so.

(2)  The relevant eligibility requirements are:

(a)  that the person has, at any time, held an Australian driver licence of the class R, or

(b)  that the person:

(i)  is the holder of a current learner licence, and has held the licence for not less than 3 months (or such shorter period as the Authority may determine in respect of applicants over 30 years of age), and

(ii)  has demonstrated to the Authority riding competence, and

(iii)  holds, or is eligible to hold, a gold driver licence (as referred to in clause 22 (2)), or

(c)  that the person meets the relevant eligibility requirements related to training.

(3)  The relevant eligibility requirements related to training are:

(a)  that the person is the holder of a certificate of satisfactory completion of a provisional licence rider training course under Part 6 (being a certificate that is not more than 3 months old when the person applies for the licence), or

(b)  that the person is, under this clause, or any other provision of this Regulation, exempt from the requirement to hold such a certificate.

(4)  Despite any other provision of this clause, the Authority may, in a particular case or class of cases, require a person applying for a motorcycle licence:

(a)  to undertake an appropriate authorised rider training course referred to in Part 6 even if the person has previously undertaken such a course, and

(b)  to be the holder of a certificate of satisfactory completion of that course (being a certificate that is not more than 3 months old when the person applies for the licence).

8   General provisions relating to issue or variation of driver licences

(1)  The Authority must exempt a person from a relevant eligibility requirement for a driver licence (including a learner licence or a provisional licence) if the person holds an Australian driver licence of an equivalent class.

(2)  The Authority may exempt a person from a relevant eligibility requirement for any such licence if the person satisfies the Authority that, because of age, experience, occupation or special circumstances, the person is fit to be granted the licence or variation sought.

(3)  If a person has held a licence to drive a motor vehicle in an external Territory or another country, the Authority may take into account some or all of that period for the purposes of determining the period for which a person has previously held a licence.

9   Suspended or disqualified persons not eligible

(1)  A person whose Australian driver licence has been suspended is not eligible to apply for a driver licence for the duration of the suspension.

(2)  A person is not eligible to apply for a driver licence if:

(a)  the person is, at the time of application, disqualified from driving in any part of Australia or another country, and

(b)  in the case of a disqualification imposed in another jurisdiction or another country, the offence giving rise to the disqualification, if committed in this State, would have resulted in the person being disqualified from driving.

(3)  This clause does not apply to an application for renewal of an interlock driver licence by a person whose interlock driver licence is suspended (unless the licence is suspended under Division 3 of Part 4 of the Fines Act 1996).

Division 2 Learner licences and provisional licences

10   Eligibility to apply for learner licence

(1)  A person is eligible to apply for a learner licence if he or she meets the relevant eligibility requirements set out in this clause, or is exempted by the Authority (in accordance with clause 8) from being required to do so.

(2)  The relevant eligibility requirement for a learner licence for a motor vehicle of a type to which a driver licence of class C relates is that the person is at least 16 years of age.

(3)  The relevant eligibility requirements for a learner licence for a motorcycle are:

(a)  that the person is at least 16 years and 9 months of age, and

(b)  that the person is the holder of a certificate of satisfactory completion of a learner licence rider training course under Part 6 (being a certificate that is not more than 3 months old when the person applies for the licence) or is exempted by the Authority from the requirement to hold such a certificate.

(4)  The Authority may grant a learner licence to an applicant who is under the required age, but only if the Authority is satisfied that special circumstances exist that justify the granting of a learner licence to the person.

(5)  Despite any other provision of this clause, a learner licence may be granted for any period to a person whose provisional licence, not being a motorcycle licence, has been cancelled.

11   Conditions of learner licences

A learner licence may be subject to any of the following conditions:

(a)  a condition specifying the minimum period for which a learner licence must be held before a provisional licence will be issued to the holder,

(b)  a condition limiting the hours during which and locality in which the learner may drive a motor vehicle.

12   Learner driver requirements

(1)  The holder of a learner licence must not drive a motor vehicle (other than a motor bike or motor trike) on a road or road related area unless:

(a)  the seat next to the learner is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorising the holder to drive such a vehicle, or by a police officer or a person authorised by the Authority to test drivers who is submitting the learner to a driving test for the purposes of this Regulation, and

(b)  a sign, issued or authorised by the Authority and displaying the letter “L” in black on a yellow background, is displayed:

(i)  on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and

(ii)  in such a manner as to be clearly visible and not to in any way obscure the letter “L” on the sign when viewed from ahead of or behind the vehicle.

(2)  The holder of a learner licence must not ride a motor bike or motor trike on a road or road related area:

(a)  if the motor bike or motor trike is being used for the carriage of any person except the learner, and

(b)  unless a sign, issued or authorised by the Authority and displaying the letter “L” in black on a yellow background, is displayed:

(i)  in a conspicuous position at the rear of the motor bike or motor trike, and

(ii)  in such a manner as to be clearly visible and not to in any way obscure the letter “L” on the sign when viewed from behind the motor bike or motor trike.

(2A)  The Authority may exempt a person from a requirement in subclause (1) (b) or (2) (b) if the person, having held a licence other than a learner licence, currently holds a learner licence because of failing a test of driving or riding ability that the Authority required the person to take.

(3)  The holder of a learner licence must not ride a motor bike or motor trike on a road or road related area unless, at the time it is ridden, the motor bike or motor trike:

(a)  is of a kind included in the list Approved Motorcycles for Novice Riders published by the Authority from time to time on its Internet website and also available from motor registries, and

(b)  has an engine capacity that is not greater than 660 ml and a power to weight ratio that is not greater than 150 kilowatts per tonne.

(4)  Without limiting the liability of any other person, the owner or person in charge of a motor vehicle is guilty of an offence if he or she causes, permits or allows, or fails to take reasonable precautions to prevent, a contravention of this clause.

(5)  A person accompanying a learner in a vehicle being driven by the learner on a road or road related area must:

(a)  supervise the learner with respect to the driving of the vehicle, and

(b)  take all reasonable precautions to prevent a contravention of the road transport legislation within the meaning of the Road Transport (General) Act 2005.

(6)  Subclause (5) does not apply to a person submitting the learner to a driving test for any of the purposes of this Regulation.

Maximum penalty (subclauses (1)–(5)): 20 penalty units.

12A   Suspension or cancellation of learner licence

In addition to any other ground on which a learner licence may be cancelled or suspended by the Authority, a learner licence may be immediately cancelled or suspended by the Authority in the event of any of the following:

(a)  the holder of the learner licence is convicted of an offence under the Act or this Regulation, or of another offence set out in Schedule 1,

(b)  the holder of the learner licence pays a penalty pursuant to section 183 of the Road Transport (General) Act 2005 in respect of any such offence,

(c)  an order under Division 4 of Part 3 of the Fines Act 1996 has been made, or is taken to have been made, against the holder of the learner licence in respect of any such offence.

Note. Clause 39 contains requirements relating to the giving of notice of the suspension or cancellation of a licence.

13   Towed vehicles

The holder of a learner licence must not drive a motor vehicle on a road or road related area if the vehicle is towing any other vehicle (whether or not a trailer).

Maximum penalty: 20 penalty units.

14   Heavy vehicle learners

(1)  The holder of an Australian driver licence (other than a learner licence) for a motor vehicle (other than a motor bike or motor trike) may drive a motor vehicle for which a higher class of driver licence is required if:

(a)  the higher class is one the person would be eligible to apply for in accordance with this Regulation, and

(b)  the person is receiving tuition from, and is accompanied by, a person who has held that higher class of driver licence (other than a provisional licence of that class) for a period of, or periods totalling, at least 12 months and is providing tuition in accordance with the laws of this State concerning driver instruction.

(2)  (Repealed)

15   First-stage provisional licences (provisional P1)

(1)  A licence issued to an applicant who has not previously held, for a continuous period of at least 12 months (not including any period of suspension), any of the following, namely:

(a)  a car licence or motorcycle licence, or

(b)  an Australian driver licence of a class considered appropriate by the Authority, or

(c)  a foreign driver licence of a type considered appropriate by the Authority,

      must be a provisional licence of class C or class R, to be known as a provisional P1 licence.

(2)  A provisional P1 licence is to be issued for a period of up to 18 months.

(3)  However, the period for which a provisional P1 licence is to be issued to a licence holder transferring from being a licence holder in another State, Territory or country may be reduced by the Authority by the amount of time that the person held the licence in the other State, Territory or country.

(4)  In addition to any other conditions that may be attached to the licence, a provisional P1 licence is subject to the following conditions:

(a)  in the case of a provisional P1 licence of class C, the holder must not drive any motor vehicle unless a sign, issued or authorised by the Authority and displaying the letter “P” in red on a white background, is displayed:

(i)  in a case where the vehicle is not towing a trailer, on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and

(ii)  in a case where the vehicle is towing a trailer, on the exterior of the vehicle and trailer in a conspicuous position at the front of the vehicle and the rear of the trailer, or a conspicuous position on the roof of the vehicle, and

(iii)  in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from ahead of or behind the vehicle,

(a1)  in the case of a provisional P1 licence of class C, the holder must not drive a car-based motor tricycle,

(b)  in the case of a provisional P1 licence of class R, the holder must not drive any motor bike or motor trike unless a sign, issued or authorised by the Authority and displaying the letter “P” in red on a white background, is displayed:

(i)  in a conspicuous position at the rear of the motor bike or motor trike, and

(ii)  in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from behind the motor bike or motor trike,

(c)  in the case of a provisional P1 licence of class R, the holder must not drive a motor bike or motor trike on a road or road related area unless, at the time it is driven, the motor bike or motor trike:

(i)  is of a kind included in the list Approved Motorcycles for Novice Riders published by the Authority from time to time on its Internet website and also available from motor registries, and

(ii)  has an engine capacity that is not greater than 660 ml and a power to weight ratio that is not greater than 150 kilowatts per tonne.

(5)  In addition to any other ground on which a licence may be cancelled or suspended by the Authority, a provisional P1 licence may be cancelled or suspended immediately by the Authority in the event of any of the following:

(a)  the holder of the licence is convicted of an offence under the Act or this Regulation or of an offence set out in Schedule 1,

(b)  the holder of the licence pays a penalty pursuant to section 183 of the Road Transport (General) Act 2005 in respect of any such offence,

(c)  an order under Division 4 of Part 3 of the Fines Act 1996 has been made, or is taken to be made, against the licence holder in respect of any such offence,

(d)  the holder of the licence fails to observe any term or condition of the licence.

(6)  The holder of a provisional P1 licence must not drive a motor vehicle on a road or road related area if:

(a)  in the case of a provisional P1 licence of class C, the motor vehicle is towing any other motor vehicle (whether or not a trailer) having an unladen mass in excess of 250 kg, or

(b)  in the case of a provisional P1 licence of class R, the motor bike or motor trike is towing any other vehicle (whether or not a trailer).

Maximum penalty: 20 penalty units.

(7)  A person who holds a provisional P1 licence is not eligible to apply for a provisional P2 licence of class C (where the provisional P1 licence is of class C) or for an unrestricted licence of class R (where the provisional P1 licence is of class R), if:

(a)  the person has incurred 4 or more demerit points while holding the licence, and action under section 17 of the Act to cancel or suspend the licence as a consequence has not been taken or completed, or

(b)  the person has committed speeding offences, within the meaning of section 33 of the Act, while holding the licence, and action under that section to cancel or suspend the licence as a consequence has not been taken or completed.

(8)  If a provisional P1 licence held by a person is cancelled by the operation of section 189 of the Road Transport (General) Act 2005, the Authority may issue another provisional P1 licence to the person and require the person to hold the licence for a period of 12 months before being eligible to apply for a provisional P2 licence or an unrestricted licence of any class.

(9)  On the issue to a person of a provisional P2 licence of class C, LR, MR of HR, any P1 licence of the same class previously issued to the person ceases to be in force.

(10)  On the issue to a person of an unrestricted licence of class R, any P1 licence of the same class previously issued to the person ceases to be in force.

15A   Second-stage provisional licences (provisional P2)

(1)  A licence (other than a motorcycle licence) that is issued to an applicant who has not previously held, for a period or periods totalling at least 36 months (not including any period of suspension), any of the following, namely:

(a)  a car licence, or

(b)  an Australian driver licence of a class considered appropriate by the Authority, or

(c)  a foreign driver licence of a type considered appropriate by the Authority,

      must (unless clause 15 applies) be a provisional P2 licence of class C, class LR, class MR or class HR.

(2)  A provisional P2 licence is to be issued for a period of up to 30 months.

(3)  However, the period for which a provisional P2 licence must be issued to a licence holder from another State, Territory or country may be reduced by the Authority by the amount of time that the person held the licence in the other State, Territory or country.

(4)  In addition to any other conditions that may be attached to the licence, a provisional P2 licence is subject to the condition that the holder must not drive any motor vehicle unless a sign, issued or authorised by the Authority and displaying the letter “P” in green on a white background, is displayed:

(a)  in a case where the vehicle is not towing a trailer, on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and

(b)  in a case where the vehicle is towing a trailer, on the exterior of the vehicle and trailer in a conspicuous position at the front of the vehicle and the rear of the trailer, or a conspicuous position on the roof of the vehicle, and

(c)  in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from ahead of or behind the vehicle.

(4A)  In addition to any other conditions that may be attached to the licence, a provisional P2 licence is subject to the condition that the holder must not drive a car-based motor tricycle.

(5)  The driver of an emergency vehicle, as defined in the Road Rules 2008 is exempt from the provisions of subclause (4) while driving the vehicle in the performance of his or her duty.

(6)  In addition to any other ground on which a licence may be cancelled or suspended by the Authority, a provisional P2 licence may be cancelled or suspended immediately by the Authority on any of the following grounds:

(a)  the holder of the licence is convicted of an offence under the Act or this Regulation or of an offence set out in Schedule 1,

(b)  the holder of the licence pays a penalty pursuant to section 183 of the Road Transport (General) Act 2005 in respect of any such offence,

(c)  an order under Division 4 of Part 3 of the Fines Act 1996 has been made, or is taken to be made, against the licence holder in respect of any such offence,

(d)  the holder of the licence fails to observe any term or condition of the licence.

(7)  A person who holds a provisional P2 license is not eligible to apply for an unrestricted licence of the same class if:

(a)  the person has incurred 7 or more demerit points while holding the licence, and action under section 17 of the Act to cancel or suspend the licence as a consequence has not been taken or completed, or

(b)  the person has committed speeding offences, within the meaning of section 33 of the Act, while holding the licence, and action under that section to cancel or suspend the licence as a consequence has not been taken or completed.

(8)  If a provisional P2 licence held by a person is cancelled by the operation of section 189 of the Road Transport (General) Act 2005, the Authority may issue another provisional P2 licence to the person and require the person to hold the licence for a period of 24 months before being eligible to apply for an unrestricted licence of any class.

(9)  On the issue to a person of an unrestricted licence (other than a licence of class R), any provisional P2 licence previously issued to the person ceases to be in force.

15B   Provisional P1 and P2 licences—high performance vehicle restrictions

(1)  In addition to any other conditions that may be attached to the licence, a provisional licence issued by the Authority (other than a class R licence) is subject to the condition that the holder must not drive a high performance vehicle.

(2)  For the purposes of this clause, a high performance vehicle is a vehicle:

(a)  with an engine having 8 or more cylinders, or

(b)  the engine of which is turbocharged or supercharged (other than a diesel powered vehicle), or

(c)  that has had any substantial modification made to the engine of the vehicle to increase the performance of the vehicle (not being a modification made by the manufacturer of the vehicle in the course of manufacture of the vehicle), or

(d)  that has had any modification made to the vehicle that is listed for the time being in the Authority’s publication Novice Drivers—High Performance Vehicle Restrictions as a high performance modification for the purposes of this clause, or

(e)  that is for the time being listed in the Authority’s publication Novice Drivers—High Performance Vehicle Restrictions as a high performance vehicle for the purposes of this clause.

(3)  A vehicle is not a high performance vehicle for the purposes of this clause if it is for the time being listed in the Authority’s publication Novice Drivers—High Performance Vehicle Restrictions as a vehicle that is not a high performance vehicle for the purposes of this clause.

(4)  This clause applies only to a provisional licence issued after the commencement of this subclause and so applies if:

(a)  the person to whom the licence is issued had not held a provisional licence at any time before that commencement, or

(b)  the person to whom the licence is issued had held a provisional licence at a time before that commencement and the licence issued after that commencement is issued after a disqualification for an offence committed on or after 11 July 2005.

(4A)  Nothing in the Road Transport (Driver Licensing) Amendment (Licence Penalties) Regulation 2005 affects a condition imposed on a licence under this clause before the commencement of that Regulation.

(5)  The Authority’s publication Novice Drivers—High Performance Vehicle Restrictions is to be published on the Authority’s website and is to be available for perusal free of charge at each motor registry.

15C   Provisional P1 and P2 licences—12-month passenger restrictions after licence disqualification

(1)  In addition to any other conditions that may be attached to the licence, a provisional licence (other than a class R licence) that is issued to a person by the Authority after a licence disqualification is subject to the condition that the holder must not drive a vehicle with more than one passenger in or on the vehicle.

(2)  The condition applies only:

(a)  for the first 12 months of the term of the first provisional licence issued to the person after the licence disqualification or (if that licence is issued for a term of less than 12 months) for the term of that first provisional licence, or

(b)  (if that first provisional licence is issued for a term of less than 12 months) for the term of that first provisional licence and for such part of the term of any provisional licence issued subsequently or by way of renewal of that first provisional licence as will result in the condition applying for a total period of 12 months.

(3)  This clause applies only to a provisional licence issued after the commencement of this clause and applies only if the licence disqualification concerned relates to a conviction for an offence committed after the commencement of this clause.

(4)  In this clause:

licence disqualification means disqualification of a person from holding a driver licence (whether or not by an order of a court) as a consequence of the person being convicted of an offence by a court under the road transport legislation (within the meaning of the Road Transport (General) Act 2005).

passenger means any person in or on a vehicle other than the driver.

15CA   Provisional P1 licences—restrictions on passengers under 21

(1)  In addition to any other conditions that may be attached to the licence, a provisional P1 licence (other than a class R licence) is subject to the condition that, if the holder is less than 25 years of age, he or she must not drive a vehicle at any time between 11 pm on one day and 5 am on the following day with more than one passenger in or on the vehicle who is less than 21 years of age.

(2)  The driver of an emergency vehicle, as defined in the Road Rules 2008, is exempt from the provisions of subclause (1) while driving the vehicle in the performance of his or her duty.

(3)  In this clause, passenger means any person in or on a vehicle other than the driver.

(4)  This clause has no effect until 1 July 2007.

15D   Exemptions from P1 and P2 vehicle and passenger restrictions

(1)  The Authority may exempt the holder of a provisional licence from the operation of clause 15B, 15C or 15CA if the Authority is satisfied that exceptional circumstances exist that justify the exemption.

(2)  An exemption under this clause is to be granted by the issue of an instrument in writing (which is referred to in this clause as an exemption letter).

(3)  An exemption may be granted subject to conditions or unconditionally. Any conditions of an exemption have effect as conditions of the licence to which the exemption relates.

(4)  The Authority may revoke a person’s exemption at any time by notice in writing sent to the person.

(5)  An exemption under this clause ceases to be in force:

(a)  when notice of revocation of the exemption is served on the person or on such later date as the Authority may specify in the notice, or

(b)  when the person ceases to be the holder of a provisional licence that would (were it not for the exemption) be subject to the condition to which the exemption relates.

(6)  The driver of a vehicle who has an exemption under this clause must produce the driver’s exemption letter on demand by a police officer acting in the execution of his or her functions under the road transport legislation (within the meaning of the Road Transport (General) Act 2005).

Maximum penalty: 20 penalty units.

(7)  A person must not:

(a)  by any false statement, misrepresentation or other dishonest means, obtain or attempt to obtain an exemption under this clause or an exemption letter, or

(b)  by any statement made to a police officer falsely claim to have been granted an exemption under this clause, or

(c)  forge or fraudulently alter an exemption letter, or

(d)  be in possession of an exemption letter knowing it to have been forged or fraudulently altered or knowing it to have been obtained by any false statement, misrepresentation or other dishonest means, or

(e)  without lawful authority or reasonable excuse be in possession of an exemption letter or an article resembling an exemption letter, or

(f)  give or lend an exemption letter to another person knowing or having reasonable cause to suspect that the exemption letter may be fraudulently used by that person or another person as evidence of the grant of an exemption under this clause, or

(g)  fraudulently use or allow another person to fraudulently use an exemption letter or article resembling an exemption letter as evidence of the grant of an exemption under this clause.

Maximum penalty: 20 penalty units.

(8)  A person to whom an exemption is granted under this clause must surrender the exemption letter to the Authority within 14 days after the exemption ceases to be in force.

Maximum penalty: 20 penalty units.

Division 3 Applications to obtain or vary driver licences

16   Procedure to obtain or vary driver licences

(1)  An applicant for issue or variation of a driver licence must give the Authority:

(a)  a completed application form in the form approved by the Authority, and

(b)  personal particulars necessary to identify the applicant and the applicant’s residential address, including any evidence that the Authority may reasonably require to verify those particulars (for example, evidence of the person’s address on the electoral roll), and

(c)  the applicable fee.

(2)  The Authority may not require the application form if it would be unreasonable or impracticable in the circumstances to do so.

(3)  The Authority may require an applicant for issue or variation of a driver licence:

(a)  to undergo tests or assessments, or provide other evidence of the applicant’s knowledge of road law, driving ability, training, experience or suitability to hold a driver licence, and

(b)  to provide evidence of the applicant’s compliance with the requirements of a law relating to the assessment of drivers convicted of offences involving alcohol or other drugs in force in the jurisdiction in which the person had last been disqualified from driving, and

(c)  to undergo, at his or her own cost, a medical examination, or produce evidence of compliance with the medical standards contained in the documents referred to in clause 31 (2), and

(d)  to attend a specified medical practitioner or allied professional practitioner for the purpose of that examination, and

(e)  to provide evidence that he or she is eligible to be granted the class of licence sought, and

(f)  to have his or her photograph taken, or to provide a photograph in a form specified by the Authority, and

(g)  to provide a specimen signature.

(4)  The Authority may accept evidence of compliance with a requirement in subclause (3) (a), (b) or (c) obtained by an applicant in another jurisdiction.

(5)  If the Authority is satisfied that it is not practicable for the applicant to comply with the requirements in subclause (3) (b) of another jurisdiction, the Authority may require the person to comply with the requirements of an equivalent assessment.

(6)  In addition to any other requirement of this clause, an applicant for issue of an interlock driver licence who is a person referred to in section 194 (1) of the Road Transport (General) Act 2005 must:

(a)  undergo, at the applicant’s own cost, a consultation with a medical practitioner nominated by the Authority for the purpose of discussing and giving brief advice to the applicant about the risks of alcohol consumption (a drink less brief alcohol intervention consultation), and

(b)  provide to the Authority a certificate from that medical practitioner confirming that the applicant has undergone the drink less brief alcohol intervention consultation, and

(c)  provide to the Authority a certificate, in a form approved by the Authority, from an approved interlock installer certifying that, at the request of the applicant, the installer has installed an approved interlock device (identified in the certificate) in a vehicle (identified in the certificate), and

(d)  give authority in writing for the collection, use and disclosure by an approved interlock installer, approved interlock service provider, the Authority or any person on behalf of the Authority of information obtained as a result of the applicant’s participation in the alcohol interlock program.

17   Surrender of current driver licence

(1)  If an applicant for a driver licence, or a variation of a driver licence, holds a current Australian driver licence, or a current licence to drive a motor vehicle issued in another country, the applicant must surrender that licence to the Authority before the issue of a driver licence or amended driver licence.

(2)  Despite subclause (1), the Authority may exempt a person from surrendering a licence issued in another country if the Authority is satisfied that it would be unreasonable, in the circumstances, to require that licence to be surrendered.

18   When application for driver licence can be refused

(1)  The Authority may refuse an application for issue or variation of a driver licence if the Authority is satisfied that:

(a)  the applicant is not eligible for the licence or variation, or

(b)  the applicant does not have sufficient driving ability or knowledge of road law, or

(c)  the applicant is not a fit and proper person to hold a driver licence, or

(d)  the applicant does not have sufficient knowledge of safe driving practices, or

(e)  the applicant does not meet the medical standards contained in the documents referred to in clause 31 (2) applicable to the driver licence, or

(f)  the applicant has not complied with the requirements of a law applying to licence applicants and relating to the assessment of drivers convicted of offences involving alcohol or other drugs in force in the jurisdiction in which the person had last been disqualified from driving, or

(g)  a provision of the Act or this Regulation prevents approval of the application, or

(h)  the applicant has not complied with a requirement of the Act or this Regulation relating to the application.

(2)  The Authority may refuse an application for issue or variation of a driver licence:

(a)  in accordance with an order made by a court in Australia, or

(b)  in accordance with a law in force in this State relating to the non-payment of fines, or

(c)  if the applicant is a person who, if already licensed, would be liable to have his or her licence cancelled under section 33 of the Act, or

(d)  if the applicant is a person who, if already licensed, would be liable to have action taken against the person under section 16 (9) or 16A (8) of the Act.

19   Issue and variation of driver licence

(1)  If the Authority approves an application, it must issue a driver licence of the class or kind applied for by the applicant (except as provided by clause 19AA).

(2)  The driver licence may be issued subject to conditions.

(3)  In determining whether to issue a driver licence subject to a condition, the Authority must have regard to the objects of the Act in relation to the regulation of drivers of motor vehicles in the interests of road safety.

(4)  Without limiting subclause (2), the driver licence may also be subject to any of the conditions to which a provisional licence is subject.

(5)  If the Authority approves an application for variation of a driver licence, it may vary the licence either conditionally or unconditionally.

19AA   Issue of driver licence to holder of Photo Card

If an applicant for a driver licence holds a current Photo Card issued under the Photo Card Act 2005, the Authority must not issue a driver licence unless the applicant surrenders that Photo Card in accordance with clause 7 of the Photo Card Regulation 2005.

19A   Interlock driver licences

(1)  Without limiting clause 19, the Authority may approve an application for, and issue, a conditional licence (an interlock driver licence) that authorises the holder of the licence to drive a motor vehicle on a road or road related area subject to the condition that the vehicle must be fitted with an approved interlock device that has been installed by an approved interlock installer in accordance with this Regulation.

Note. Section 194 of the Road Transport (General) Act 2005 entitles a person in respect of whom an order suspending a disqualification to hold a licence is made to participate in an interlock program if the person is issued with an interlock driver licence and the relevant disqualification compliance period has expired.

(2)  An interlock driver licence is subject to the following additional conditions:

(a)  the holder of the licence must not drive a motor vehicle with a breath or blood alcohol concentration of 0.02 or more grams of alcohol per 210 litres of breath or 100 millilitres of blood,

(b)  the holder of the licence may drive only a motor vehicle with a GVM that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver),

(c)  the holder of the licence must not drive a public passenger vehicle (as defined in the Passenger Transport Act 1990) or a motor vehicle loaded or partly loaded with any dangerous goods (within the meaning of the Dangerous Goods Act 1975 or the Road and Rail Transport (Dangerous Goods) Act 1997) and that is required by the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations to have signs exhibited on it,

(d)  for the purpose of counselling the holder of the licence with respect to the consumption of alcohol, the holder must (at his or her own cost) undergo such medical consultations, with such medical practitioners and at such times, as may be required by the Authority,

(e)  the holder of the licence must ensure that maintenance is carried out as and when required by the Authority (at the holder’s own cost) on the interlock device identified in the certificate the holder provided to the Authority under clause 16 (6) (c),

(f)  the holder of the licence must not, without the approval of the Authority, remove or cause or permit to be removed the approved interlock device from the motor vehicle specified in that certificate or from any other motor vehicle in which it is subsequently installed,

(g)  the holder of the licence must not drive any motor vehicle in which the approved interlock device is installed if the holder knows, or could reasonably be expected to know, that the approved interlock device installed is not functioning properly,

(h)  the holder of the licence must use the approved interlock device in accordance with the instructions (if any) for the proper use of the device supplied to the holder by its manufacturer and the Authority,

(i)  the holder of the licence must not interfere, or cause or permit any person (other than an approved interlock installer or approved interlock service provider installing, maintaining or removing the approved interlock device) to interfere with the proper operation of the device,

(j)  the holder of the licence must, if required to do so by the Authority, authorise the Authority in writing (or any persons nominated by the Authority) to provide any data or other information collected by the approved interlock device to persons carrying out functions for the purposes of the alcohol interlock program during the period the licence is in force,

(k)  the holder of the licence must permit a police officer to inspect the approved interlock device if the police officer asks to inspect the device.

(3)  The Authority may, by notice in writing given to the holder of an interlock driver licence, impose such other conditions relating to the use of an interlock device installed in a motor vehicle driven by the holder as the Authority considers appropriate.

(4)  The Authority may, by notice in writing to the holder of the licence, vary or revoke any condition imposed by it under subclause (3).

(5)  The holder of a converted interlock driver licence (within the meaning of clause 19B) is not required to observe any of the conditions to which the interlock driver licence was subject under this clause.

Note. Under clause 56, the holder of an interlock driver licence who fails to comply with a condition of the licence is guilty of an offence.

19B   Conversion of interlock driver licences

(1)  An interlock driver licence is deemed, at the end of the day on which its holder ceases to participate in the alcohol interlock program because the holder has completed the interlock participation period applicable to the holder under section 192 of the Road Transport (General) Act 2005, to be a car licence other than an interlock driver licence (in this clause referred to as a converted interlock driver licence).

Note. This provision will enable a person who has been issued with an interlock driver licence for a period that is longer than the period the person is required to participate in an alcohol interlock program under section 192 of the Road Transport (General) Act 2005 to continue to drive under the authority of the licence for the duration of the licence. The person will be able to drive any vehicle that the holder of a car licence other than an interlock driver licence may drive under clause 26 (3) of this Regulation. The conditions applicable to the interlock driver licence will no longer apply (see clause 19A (5)). The provision does not apply to a person referred to in section 196 (2) of that Act (early cessation of participation).

(2)  The converted interlock driver licence expires on the day recorded in the driver licence register as the licence expiry date for the interlock driver licence.

20   Issue of driver licence receipt as interim measure

(1)  As an interim measure, the Authority may issue a driver licence receipt.

(2)  A driver licence receipt has the same force and effect as a driver licence except that a driver licence receipt ceases to be in force on the expiry date indicated on it, or the day on which a driver licence in respect of the same licence class is given to the holder, whichever is the sooner.

(3)  A driver licence receipt must comply with the requirements of clause 22 (1), except clause 22 (1) (c).

21   Competency based assessment

(1)  The Authority may approve a scheme (to be known as competency based assessment) under which a person’s competency may be assessed for the purposes of a determination in relation to a licence held or to be held by a person. The scheme applies to the extent approved by the Authority.

(2)  The Authority may request the person’s participation in the scheme as a prerequisite to the making of the determination, or may instead offer participation in the scheme as an alternative to other means of testing (or provision of information) for the purposes of the determination.

(3)  The Authority may, on application by a person requesting entry into the scheme, issue to the person the log book appropriate to the class of driver licence in which the person is interested together with documentation explaining the operation of the scheme and its relationship to the issue of driver licences.

(4)  An applicant for entry into the scheme must give the Authority:

(a)  a completed application form in the form approved by the Authority, and

(b)  personal particulars necessary to identify the applicant and the applicant’s residential address, including any evidence that the Authority may reasonably require to verify those particulars, and

(c)  the applicable fee.

(5)  An applicant for entry into the scheme must hold a driver licence of the class required by the Authority, or satisfy such other requirements as the Authority may impose, with regard to the purpose for which the applicant desires entry into the scheme.

(6)  The Authority may issue a replacement log book, on payment of the appropriate administrative fee, if it is satisfied that a log book has been lost, stolen or damaged.

(7)  In this clause:

log book means a book, in a form approved by the Authority in relation to a particular class of driver licence:

(a)  listing the driving competencies to be achieved in order to obtain a licence of that class, and

(b)  providing for the recording and authentication, in space provided in the book, of particulars of assessment, in relation to those competencies, of the person to whom the book is issued.