This Regulation is the Road Transport (Driver Licensing) Regulation 2008.
This Regulation commences on 1 September 2008.Note. This Regulation replaces the Road Transport (Driver Licensing) Regulation 1999 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.
The object of this Regulation is to assist in providing for the consistent administration and enforcement of a driver licensing system throughout Australia.
(1) In this Regulation:
alcohol interlock program, in relation to a person, means an interlock program referred to in Chapter 5 of the Road Transport (General) Act 2005 the participants in which are holders of interlock driver licences.
allied professional practitioner means a psychologist, an optometrist or an occupational therapist.
applicable fee—see clause 111.
articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.
Assessing Fitness to Drive means the publication Assessing Fitness to Drive published by Austroads Inc and approved by the Australian Transport Council, as in force from time to time.
average speed detection zone means a length of road to which an average speed detection zone sign applies, being a length of road beginning at an average speed detection zone sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.
average speed detection zone sign means a traffic sign bearing the words “AVERAGE SPEED”.
car licence means a licence referred to in clause 7 (3).
car-based motor tricycle means a motor trike that:(a) has displayed on it a compliance plate issued by the Australian Transport Safety Bureau, with the category LEM, LEP or LEG, and(b) has a GVM that is not greater than 1 tonne, and(c) is constructed or equipped to seat not more than 3 adult persons including the driver, and(d) has a rear mounted engine of a kind manufactured for a motor car, and(e) has a transmission of a kind manufactured for a motor car with direct drive to the rear wheels, and(f) has at least 2 of the following characteristics:(i) pedal operated clutch or automatic transmission,(ii) pedal operated fully integrated braking system,(iii) left-hand operated gear stick not mounted on the handlebars.
class B motor vehicle means:(a) a motor vehicle with a GVM exceeding 4.5 tonnes but not exceeding 12 tonnes, or(b) a motor vehicle and trailer combination with a GCM exceeding 4.5 tonnes but not exceeding 12 tonnes.
class C motor vehicle means a coach (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999) or a motor vehicle with a GVM of more than 12 tonnes.
Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.
converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer.
foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued in the country in which the person is ordinarily resident.
GCM and GVM have the same meanings as they have in the Road Transport (Safety and Traffic Management) Act 1999.
heavy combination vehicle licence means a licence referred to in clause 7 (9).
heavy rigid vehicle licence means a licence referred to in clause 7 (8).
implement means a motor vehicle (other than a mobile crane) that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.
international driving permit means a permit issued by:(a) a competent authority of a Contracting State or a subdivision of such a State, or(b) an association duly empowered by such an authority in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.
international visitor means a person who:(a) is ordinarily resident in a foreign country, and(b) is not a permanent resident of Australia.
licence class—see clause 5.
licence expiry date means the date recorded in the driver licence register, in accordance with clause 103 (1) (f), as the date on which the driver licence expires.
light rigid vehicle licence means a licence referred to in clause 7 (6).
medium rigid vehicle licence means a licence referred to in clause 7 (7).
motor bike means a motor vehicle with two wheels and includes a two wheeled motor vehicle with a side car attached to it and supported by a third wheel.
motor trike means a motor vehicle with three wheels, but does not include a two wheeled motor vehicle with a side car attached to it and supported by a third wheel.
motorcycle licence means a licence referred to in clause 7 (2).
multi-combination vehicle licence means a licence referred to in clause 7 (10).
prime mover means a motor vehicle built to tow a semi-trailer.
provisional P1 licence means a provisional licence issued in accordance with clause 20.
provisional P2 licence means a provisional licence issued in accordance with clause 27.
relevant external driver licence means:(a) an Australian driver licence issued in another State or an internal Territory, or(b) a foreign driver licence (other than a foreign driver licence that authorises its holder to learn to drive a motor vehicle).Note.
The definition of Australian driver licence in the Dictionary to the Act does not include a learner licence issued in another State or Territory.
rigid means not articulated, other than in respect of an articulated bus.
road transport legislation has the same meaning as in the Road Transport (General) Act 2005.
Safe-T-Cam sign means a traffic sign bearing the words “SAFE-T-CAM MANAGING SPEED AND FATIGUE”.
Safe-T-Cam zone means a length of road to which a Safe-T-Cam sign applies, being a length of road beginning at a Safe-T-Cam sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.
school zone means a school zone (as defined in rule 23 of the Road Rules 2008), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in rule 318 (3–1) of those Rules.
semi-trailer means a trailer (including a pole-type trailer) that has:(a) one axle group or single axle towards the rear, and(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.
the Act means the Road Transport (Driver Licensing) Act 1998.
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include a motor vehicle being towed.
1999 Reg means the Road Transport (Driver Licensing) Regulation 1999.(2) Notes included in this Regulation do not form part of this Regulation.