(cf cl 24 1999 Reg)
(1) The Authority must record the following matters in the driver licence register, in respect of each driver licence:(a) the identification number allocated to the person to whom the licence was issued,(b) the full name of the person,(c) the person’s gender and date of birth,(d) the person’s residential address and address for service of notices (if any),(e) the class or classes of the licence,(f) the commencement and expiry dates of the licence,(g) any conditions to which the licence is subject.(2) The Authority may record, in the driver licence register, other information for:(a) the purposes of the Act and this Regulation, or(b) the purposes of another Act, or(c) other purposes, as the Authority considers appropriate.(3) The holder of a driver licence is entitled to request a search of the driver licence register, and to obtain a certificate as to any matter appearing in the register in relation to him or her, on payment of the applicable fee.(4) The Authority may correct any mistake or error in, or omission of, matter recorded in the driver licence register, subject to any requirements of the Act or this Regulation.
104 Release of information to Australian Electoral Commission
(cf cl 25 1999 Reg)
(1) The Authority may provide to the Australian Electoral Commission any information recorded in the driver licence register for the purpose of assisting the Australian Electoral Commission to carry out its functions under the Commonwealth Electoral Act 1918 of the Commonwealth.(2) The Authority may provide the information to the Australian Electoral Commission on such conditions as are agreed between the Authority and the Commission, or if there is no agreement, as are determined by the Authority.
104A Release of information to TfNSW
The Authority may provide to Transport for NSW any information recorded in the driver licence register for the purpose of assisting Transport for NSW to exercise its functions.
105 Release of certain information for publication by Authority
(cf cl 25A 1999 Reg)
The Authority may cause the following information recorded in the driver licence register to be published:(a) the name of any driving school (within the meaning of the Driving Instructors Act 1992) that has presented persons to the Authority for submission to a driving test for a learner licence of class C, being a driving test:(i) conducted in a vehicle of the driving school, and(ii) to which the student has not previously submitted,(b) the percentage of those persons who passed the driving test on their first attempt.
106 Release of information relating to alcohol interlock program
(cf cl 25B 1999 Reg)
The Authority may, for the purpose of enabling the Authority to perform functions conferred or imposed on the Authority by or under the Act in relation to the alcohol interlock program, disclose to the following persons data or information recorded in the driver licence register:(a) a person approved under section 21B of the Act and Part 10 as an approved interlock installer or an approved interlock service provider,(b) a person who has entered into an agreement with the Authority under clause 97,(c) a person who provides any services to a person who has entered into such an agreement in connection with the alcohol interlock program.
107 Release of certain photographs
(cf cl 60 1999 Reg)
(1A) A photograph to which Part 5 of the Act applies, or any photographic image or other matter contained in any database of such photographs, may be released by the Authority to the inter-agency team known as the Identity Security Strike Team (Sydney), being a team hosted by the Australian Federal Police and charged with investigating serious identity-related crime.(1) A driver licence photograph, and any photographic image or other matter contained in any database of such photographs, may be released by the Authority:(a) to the New South Wales Crime Commission:(i) for the purposes of the investigation or prosecution of a relevant criminal activity, or a relevant offence, within the meaning of the Crime Commission Act 2012, or(ii) for the purposes of the investigation of a terrorist act or a threat of a terrorist act, or(b) to the Australian Security Intelligence Organisation for the purposes of an investigation of a terrorism offence.Note. Release of this material to the NSW Police Force is already authorised under section 41 of the Act so long as the release is in accordance with any protocol approved by the Privacy Commissioner.(2) Any release of material under subclause (1A) or (1) must be in accordance with any protocol approved by the Privacy Commissioner, as required by section 41 (2) of the Act.(3) In this clause:driver licence photograph means a photograph taken or provided in relation to an application for the issue or renewal by the Authority of a driver licence.
terrorism offence has the same meaning as in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.
terrorist act has the same meaning as in the Terrorism (Police Powers) Act 2002.
Note. Section 80I (1) (f) of the Licensing and Registration (Uniform Procedures) Act 2002 provides that a photograph taken for the purposes of that Act may be released for any purpose for which a photograph to which Part 5 of the Road Transport (Driver Licensing) Act 1998 applies may be released by the RTA. Section 19 (1) (g) of the Photo Card Act 2005 makes similar provision for photographs taken under that Act.As a result, photographs to which those Acts apply may be released for the purposes prescribed by subclause (1A) of this clause.
108 Purposes for which photographs may be kept and used
(cf cl 60A 1999 Reg)
For the purposes of section 40 (1) (g) of the Act, the Authority may keep or use a photograph for any purpose for which a photograph of a person taken for the purposes of a mobility parking scheme authority may be kept and used by the Authority under regulations made under the Road Transport (Safety and Traffic Management) Act 1999.
108A Keeping and use of photographs: use of facial recognition technology
(1) For the purposes of section 40 (1) (g) of the Act, the Authority may keep or use a photograph to which Part 5 of the Act applies to conduct comparisons using facial recognition technology:(a) to check whether an applicant for the issue, replacement or renewal of a relevant permit has previously been issued with a relevant permit using another identity, and(b) to check whether any person’s photograph has been taken and recorded using more than one identity.(2) In this clause:facial recognition technology means a biometric technology used to identify a person by a comparison of digital images of human faces, using various facial features such as a person’s eyes, nose and mouth as the points of comparison.
relevant permit means any of the following:
(a) a driver licence,(b) a “proof of age” card,(c) a Photo Card issued under the Photo Card Act 2005,(d) a licence or permit under the Firearms Act 1996,(e) a licence under the Security Industry Act 1997,(e1) a permit under the Weapons Prohibition Act 1998,(f) any other licence, permit or similar authority issued using a photograph to which Part 5 of the Act applies,(g) the registration of a vehicle under the Road Transport (Vehicle Registration) Act 1997,(h) a licence or certificate of registration referred to in Schedule 3A to the Licensing and Registration (Uniform Procedures) Act 2002,(i) any other licence, permit or similar authority issued using a photograph kept or used by the Authority for any purpose for which a photograph to which Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 applies may be used,(j) a mobility parking scheme authority under the regulations made under the Road Transport (Safety and Traffic Management) Act 1999.Note. Section 80H (1) (f) of the Licensing and Registration (Uniform Procedures) Act 2002 provides that a photograph taken for the purposes of that Act may be kept and used for any purpose for which a photograph to which Part 5 of the Road Transport (Driver Licensing) Act 1998 applies may be kept and used by the RTA. Section 18 (1) (e) of the Photo Card Act 2005 makes similar provision for photographs taken under that Act.As a result, photographs to which those Acts apply may be kept and used for the purposes prescribed by this clause.
108B Release of licence and demerits points information to approved third parties
(1) The Authority may enter into an agreement with an approved third party (a driver licence information disclosure agreement) that provides for the release to the third party of licence and demerit points information with respect to a person.(2) A driver licence information disclosure agreement must include provisions that require the approved third party to obtain the consent of the person to whom the licence and demerit points information relates before the information is released to the third party by the Authority.(3) The Authority must consult with the Privacy Commissioner before entering into a driver licence information disclosure agreement.(4) The Authority is authorised to release licence and demerit points information on the driver licence register and demerit points register in accordance with a driver licence information disclosure agreement.(5) A driver licence information disclosure agreement may provide for the payment of fees by the approved third party to the Authority in connection with the agreement, including fees for the release of information in accordance with the agreement.(6) In this clause:approved third party means any person or body approved by the Authority, or of a class approved by the Authority, for the purposes of this clause.
licence and demerit points information with respect to a person means:
(a) information recorded in the driver licence register as to whether the person has a current driver licence and the class or classes of any driver licence held by the person, and(b) information recorded in the demerit points register as to whether there are any demerit points recorded against the person.
109 Disclosure of demerit points information to CTP insurers
(1) The Authority may enter into an agreement with a CTP insurer (a points disclosure agreement) that provides for the disclosure to the CTP insurer with the consent of a person of information as to the number of demerit points recorded against the person on the demerit points register.(2) The Authority must consult with the Privacy Commissioner before entering into a points disclosure agreement.(3) The Authority is authorised to disclose information on the demerits point register in accordance with a points disclosure agreement.(4) A points disclosure agreement may provide for the payment of fees by a CTP insurer to the Authority in connection with the agreement, including fees for the disclosure of information in accordance with the agreement.(5) In this clause:CTP insurer means a licensed insurer under the Motor Accidents Compensation Act 1999.
109A Participation by Authority in Document Verification Service
(1) The Authority may enter into an arrangement (by agreement, understanding or otherwise) for facilitating participation by the Authority in the DVS.(2) The Authority is authorised to participate in the DVS and to exercise functions conferred on the Authority as a participant in the DVS.(3) In particular, the Authority is authorised to collect, use and disclose information in the course of the Authority’s participation in the DVS for the purposes of or in connection with assisting the Authority or another participant in the DVS to verify the validity of proof of identity documents in the course of the exercise of the functions of the Authority or other participant.(4) An arrangement entered into by the Authority for facilitating its participation in the DVS may provide for the payment of fees by participants in the DVS, including fees for the disclosure of information in accordance with the arrangement.(5) In this clause:DVS means the Document Verification Service established as an element of the National Identity Security Strategy endorsed by the Council of Australian Governments at its meeting in April 2007.
110 Delegation of Authority’s powers
(cf cl 61 1999 Reg)
The Authority may delegate all or any of its powers under the Act or this Regulation to the following persons:(a) a statutory authority,(b) the holder of a statutory office,(c) an officer or employee of a government department or statutory authority,(d) a police officer,(e) a local council or other local government authority,(f) an officer or employee of a local council or other local government authority,(g) any other person who, in the opinion of the Authority, has appropriate qualifications for the exercise of the power delegated.
(cf cl 62 1999 Reg)
The applicable fee for a service provided by the Authority under the Act or this Regulation is:(a) the fee specified for that service in Schedule 3, or(b) the fee fixed for that service by the Authority under section 10 (1) of the Act.
(cf cl 63 1999 Reg)
(1) The Authority may waive (whether wholly or in part) the payment of a fee payable under the Act or this Regulation, or both, in a particular case if the Authority is of the opinion that in the particular case it is appropriate to do so.(2) Without limiting subclause (1), the Authority may:(a) waive payment of a fee in relation to a learner licence if the applicant is, when making the application, the holder of a learner licence issued by another jurisdiction, or(b) waive payment of part of any fee payable for the renewal of a driver licence (other than a provisional licence or learner licence) by an amount not exceeding 50 per cent of that fee.
113 Fee exemption for eligible pensioners
(cf cl 64 1999 Reg)
(1) An eligible pensioner is not required to pay a fee in respect of the pensioner’s driver licence.(2) In this clause:eligible pensioner has the same meaning as it has in the Motor Vehicles Taxation Act 1988.
114 Failure to comply with licence conditions
(cf cl 56 1999 Reg)
(1) The holder of a conditional licence or provisional licence who fails to comply with a condition of that licence is guilty of an offence.Maximum penalty: 20 penalty units.
(2) Subclause (1) does not apply to the holder of a provisional licence who is driving a motor vehicle contrary to a condition of that licence restricting the holder to driving motor vehicles with automatic transmissions if the seat next to the holder of the licence is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorising him or her to drive such a vehicle.(3) For the purposes of this clause, a person does not hold an Australian driver licence if (whether under a law of this or another jurisdiction):(a) the licence has been suspended, or(b) the person has been disqualified from holding a licence.
115 Failure to return driver licence to Authority
(cf cl 57 (1) 1999 Reg)
The holder of a driver licence who fails to return a driver licence to the Authority when required by or in accordance with this Regulation to do so is guilty of an offence.Maximum penalty: 20 penalty units.
(cf cl 58 1999 Reg)
A person who does not give information to the Authority when required by this Regulation to do so is guilty of an offence.Maximum penalty: 20 penalty units.
117 Change of name, address or medical condition
(cf cl 30 1999 Reg)
(1) The holder of a driver licence must advise the Authority, not more than 14 days after the change, about any change in the holder’s:(a) name, or(b) residential address, or address for service of notices.Maximum penalty: 20 penalty units.
(2) Unless required by the Authority, the advice need not be in writing.(3) The new residential address advised of by the licence holder must be an address in this State at which the Authority may ordinarily make personal contact with the holder.(4) If there is no postal service to the licence holder’s new residential address, the licence holder must also provide an address for the service of notices.(5) The holder of a driver licence must, as soon as practicable, notify the Authority of any permanent or long term injury or illness that may impair the licence holder’s ability to drive safely.
118 Verification of information in driver licence register and monitoring of compliance
(cf cl 32 and 57 (3) 1999 Reg)
(1) If there are reasonable grounds for believing that information contained in the driver licence register is inaccurate or misleading, the Authority may by written notice require the holder of a driver licence to provide evidence to the Authority, in a form specified by the Authority, relating to anything relevant to the issuing, variation or continuation of the licence, including:(a) the licence holder’s personal details, and(b) the licence holder’s residential address.(2) If the licence holder fails to comply with the notice, the licence holder is guilty of an offence.Maximum penalty: 20 penalty units.
(3) For the purposes of this clause, the Authority may require the licence holder:(a) to provide specified documents for inspection, and(b) to attend at a time and place specified by the Authority for identification.(4) If a licence holder who is required to attend for identification requests a change to the time or place specified in the notice, the Authority must give consideration to that request and may change the time or place in accordance with the request.
(cf cl 29 1999 Reg)
(1) A licence is of no effect if it is so damaged, or is in such a condition, that the particulars in the licence cannot be read.(2) The holder of a driver licence whose licence is damaged, stolen, lost or destroyed must notify the Authority as soon as practicable.
120 Issue of replacement driver licence
(cf cl 23 1999 Reg)
(1) The Authority may, on payment by the holder of a driver licence of the applicable fee, issue a driver licence to replace a driver licence that:(a) has been stolen, lost, damaged or destroyed, or(b) has been cancelled under clause 55 (1) (i) or (j).(2) A licence holder who seeks a replacement driver licence must provide to the Authority personal particulars necessary to identify the applicant, including any evidence that the Authority may reasonably require to verify those particulars.(3) The Authority may require a licence holder who seeks a replacement driver licence to comply with any of the requirements of clause 44 (3) in addition to the requirements of this clause.(4) On the issue of a replacement licence, the licence it replaces is of no effect.
(1) For the purposes of the definition of professional driver in the Dictionary to the Act, the following classes of persons are professional drivers:(a) a person whose primary work is personally driving a motor vehicle to transport goods,(b) a person who is the holder of an authority under Division 2 of Part 2, Division 5 of Part 4 or Division 5 of Part 4A of the Passenger Transport Act 1990.(2) For the purposes of the definition of professional driver in the Dictionary to the Act, the following classes of persons are not professional drivers:(a) a person who trades goods or provides services from a vehicle, such as a mobile food vendor or pet groomer,(b) a person whose primary work of personally driving a motor vehicle does not ordinarily exceed 20 hours in any 7 day period,(c) a person in respect of whose primary work of personally driving a motor vehicle no remuneration is payable,(d) a person whose primary work is driving an implement.Note. The definition of professional driver in the Dictionary to the Act provides that a professional driver is a person whose primary work is personally driving a motor vehicle on roads in or outside of the State; it includes the classes prescribed by clause 120A (1) but excludes the classes prescribed by clause 120A (2). Accordingly, a person is not a professional driver if the person’s primary work does not meet this description. For example, an electrician who drives a motor vehicle for transport to premises on which he or she carries out electrical work, which is his or her primary work, is not a professional driver.
120B Exemptions for professional drivers
(1) Section 16 (2) of the Act, to the extent that it provides for a threshold of 14 or more demerit points for the suspension of a licence of a professional driver, does not apply in respect of a person if the person is not a professional driver at the time the person is given the notice of licence suspension under that section.(2) Section 16AA (2) (a) of the Act, to the extent that it provides for a threshold of 14 or more demerit points for the refusal of an application of a professional driver, does not apply in respect of a person if, at the time the person’s application is refused under that section:(a) the person is not a professional driver, or(b) the person has previously been disqualified for a period of more than 6 months from holding a driver licence and has not held a driver licence since that disqualification, or(c) the person’s driver licence has been expired for a period of more than 6 months and the person has not held a driver licence since that expiry.
121 Savings and transitional provisions
(1) Any act, matter or thing that had effect under the Road Transport (Driver Licensing) Regulation 1999 immediately before the repeal of that Regulation is taken to have effect under this Regulation.(2) The amendments made to this Regulation by the Road Transport (Driver Licensing) Amendment (Graduated Licensing Scheme) Regulation 2012:(a) apply to any applications made for a driver licence after the commencement of the amendments, and(b) do not affect the continued validity or classification of any driver licence issued in accordance with this Regulation before the commencement of the amendments.
122 Application of prescribed conditions imposed by amendment to Regulation
(cf cl 28A 1999 Reg)
If this Regulation is amended so as to impose a new condition on a driver licence (whether or not of a particular class) or to amend an existing condition applying to such a licence:(a) the new condition or amended condition applies to all such licences, regardless of when they were issued, unless this Regulation expressly or by necessary implication provides otherwise, and(b) the new condition or amended condition applies only in respect of conduct occurring after the new condition or amendment to the condition takes effect.