Part 3 Learner licences, provisional licences and heavy vehicle learners
Subdivision 1 Eligibility for, conditions of, and cancellation or suspension of learner licence
12 Eligibility to apply for learner licence
(cf cl 10 1999 Reg)
(1) A person is eligible to apply for a learner licence if the person meets the relevant eligibility requirements set out in this clause, or is exempted from being required to do so:(a) in any case (including a learner licence that is a motorcycle licence)—by the Authority under Part 4, or(b) in the case of a learner licence that is a motorcycle licence—under clause 69.(2) The relevant eligibility requirement for a learner licence that is a car licence is that the person is at least 16 years of age.(3) The relevant eligibility requirements for a learner licence that is a motorcycle licence 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 9 (being a certificate that is not more than 3 months old when the person applies for the licence).(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.
13 Conditions of learner licences
(cf cl 11 1999 Reg)
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.
14 Cancellation or suspension of learner licence
(cf cl 12A 1999 Reg)
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 an 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 be made, against the holder of the learner licence in respect of any such offence.
Subdivision 2 Restrictions relating to learner licences
15 Learner licence holder must be supervised in vehicle and display “L” plates
(cf cl 12 (1) and (2A) 1999 Reg)
(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.Maximum penalty: 20 penalty units.
(2) The offence under subclause (1) (a) is the offence of being the holder of a learner licence driving unaccompanied by a supervising driver for the purposes of section 19A of the Act and sections 205 and 206 of the Road Transport (General) Act 2005.(3) If a person is convicted of an offence under subclause (1) (a), the person is disqualified by the conviction (and without any specific order) from holding a driver licence:(a) for a period of 3 months, or(b) if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subclause (4), for the period specified in the order.Note. Section 189 of the Road Transport (General) Act 2005 provides for the effect of a disqualification (whether or not by order of a court).(4) In determining a different period of disqualification under subclause (3), the court may specify a period that is:(a) more than 3 months but no more than 12 months, or(b) less than 3 months, but only if:(i) the person’s driver licence or authority to drive in New South Wales has been suspended for a period (the suspension period) under section 205 or 206 of the Road Transport (General) Act 2005 for that offence, and(ii) the specified disqualification period when added to the suspension period results in a total period of not less than 3 months.(5) The disqualification referred to in subclause (3) is in addition to any other penalty imposed for the offence.(6) A period of disqualification imposed under subclause (3) commences on the date of conviction for the offence to which it relates.(7) The Authority may exempt a person from a requirement in subclause (1) (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 ability that the Authority required the person to take.(8) In this clause, a reference to a learner licence includes a reference to a foreign driver licence that has the same or similar effect as a learner licence.
16 Responsibility of person supervising holder of learner licence
(cf cl 12 (5) 1999 Reg)
A person accompanying a learner in a vehicle being driven by the learner on a road or road related area (other than a person submitting the learner to a driving test for any of the purposes of this Regulation) 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.Maximum penalty: 20 penalty units.
17 Motor bikes and motor trikes
(cf cl 12 (2), (2A) and (3) 1999 Reg)
(1) 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.Maximum penalty: 20 penalty units.
(2) 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 listed for the time being in the Authority’s publication Approved motorcycles for novice riders, published on the Authority’s website and 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.Maximum penalty: 20 penalty units.
(3) The Authority may exempt a person from a requirement in subclause (1) (b) if the person, having held a licence other than a learner licence, currently holds a learner licence because of failing a test of riding ability that the Authority required the person to take.(4) In this clause, a reference to a learner licence includes a reference to a foreign driver licence that has the same or similar effect as a learner licence.
(cf cl 13 1999 Reg)
The holder of a learner licence must not drive a motor vehicle on a road or road related area if the vehicle:(a) is towing any other vehicle (whether or not a trailer), or(b) is being towed by any other vehicle.Maximum penalty: 20 penalty units.
19 Owner of vehicle must take steps to prevent breach of this Subdivision
(cf cl 12 (4) 1999 Reg)
Without limiting the liability of any other person, the owner or person in charge of a motor vehicle is guilty of an offence if the person causes, permits or allows, or fails to take reasonable precautions to prevent, a contravention of this Subdivision.Maximum penalty: 20 penalty units.
Division 2 Provisional licences
Subdivision 1 First-stage provisional licences (provisional P1)
20 Issue of provisional P1 licence
(1) A driver licence that is issued to an applicant must be a provisional P1 licence of class C or class R unless:(a) the Authority is satisfied that the applicant should be issued with a learner licence under Division 1, or(b) the applicant is required to be issued with a provisional P2 licence under clause 27, or(c) the applicant is eligible to apply for an unrestricted car licence or unrestricted motor cycle licence (as the case requires) under clause 37A.Note. Clause 27 provides for the issue of provisional P2 licences. Clause 37A provides for the circumstances in which a person is eligible to apply for an unrestricted car licence or unrestricted motor cycle licence.(2) The relevant eligibility requirement for a provisional P1 licence is that the applicant is at least 17 years of age.(3) A provisional P1 licence is to be issued for a period of up to 18 months.
21 Conditions to which provisional P1 licence of class C is subject
(cf cl 15 (4) 1999 Reg)
(1) A provisional P1 licence of class C is subject to the following conditions (in addition to any other conditions that may be attached to the licence):(a) 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 the case of a vehicle 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 the case of a vehicle 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,(b) the holder must not drive a car-based motor tricycle.(2) However, the driver of a police vehicle (within the meaning of the Road Rules 2008) is exempt from the condition set out in subclause (1) (a) while driving the vehicle in the performance of his or her duty.
22 Conditions to which provisional P1 licence of class R is subject
(cf cl 15 (4) 1999 Reg)
(1) A provisional P1 licence of class R is subject to the following conditions (in addition to any other conditions that may be attached to the licence):(a) 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,(b) 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 listed for the time being in the Authority’s publication Approved motorcycles for novice riders, published on the Authority’s website and 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,(c) the holder must not ride a motor bike or motor trike on a road or road related area if the motor bike or motor trike is being used for the carriage of any person except the holder.(2) However, the driver of a police vehicle (within the meaning of the Road Rules 2008) is exempt from the condition set out in subclause (1) (a) while driving the vehicle in the performance of his or her duty.
(cf cl 15 (6) 1999 Reg)
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.
24 Cancellation or suspension of provisional P1 licence
(cf cl 15 (5) and (8) 1999 Reg)
(1) 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.(2) 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.
25 Demerit points and speeding offences—eligibility for provisional P2 licence or unrestricted licence
(cf cl 15 (7) 1999 Reg)
A person who holds a provisional P1 licence of class C is not eligible to apply for a provisional P2 licence of class C, and a person who holds a provisional P1 licence of class R is not eligible to apply for a provisional P2 licence of class R or an unrestricted licence of class R, if:(a) (Repealed)(b) the person has committed speeding offences, within the meaning of section 33 of the Act, while holding the provisional P1 licence, and action under that section to cancel or suspend the licence as a consequence has not been taken or completed.
26 Provisional P1 licence ceases to be in force on issue of provisional P2 licence
On the issue to a person of a provisional P2 licence of class R, class C, class LR, class MR or class HR, any provisional P1 licence of the same class previously issued to the person ceases to be in force.
Subdivision 2 Second-stage provisional licences (provisional P2)
27 Issue of provisional P2 licence
(1) A driver licence that is issued to an applicant must be a provisional P2 licence of class R, class C, class LR, class MR or class HR if:(a) the applicant has held a licence (or combination of licences) as referred to in subclause (2), and(b) the applicant is not eligible to apply for an unrestricted motor car or motor cycle licence of the class concerned under clause 37A.Note. Clause 37A provides for the circumstances in which a person is eligible to apply for an unrestricted car licence or unrestricted motor cycle licence.(2) For the purposes of subclause (1) (a), the applicant must have held:(a) a provisional P1 licence of a class considered appropriate by the Authority for a continuous period of at least 12 months, or(b) a relevant external driver licence of a class or type considered appropriate by the Authority for a continuous period of more than 12 months but less than 36 months, or(c) both a provisional P1 licence and a relevant external driver licence (both licences being of a class or type considered appropriate by the Authority) where each of the licences were held for continuous periods that, when added together, equate to a total period of at least 12 months.(3) In determining a continuous period for the purposes of this clause, any period of suspension of the licence concerned is not to be included.(4) A provisional P2 licence is to be issued for a period of up to 30 months.(5) Despite subclause (1), an unrestricted licence of class R may be issued to an applicant if the applicant:(a) is 25 years of age or over, and(b) would (but for this subclause) be required to be issued with a provisional P2 licence of class R, and(c) holds an unrestricted Australian driver licence of class C, class LR, class MR, class HR, class HC or class MC.
28 Conditions to which provisional P2 licence of class C, LR, MR or HR is subject
(cf cl 15A (4), (4A) and (5) 1999 Reg)
(1) A provisional P2 licence of class C, class LR, class MR or class HR is subject to the condition (in addition to any others that may be attached to the licence) 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 the case of a vehicle 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 the case of a vehicle 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.(2) However, the driver of an emergency vehicle or police vehicle (within the meaning of the Road Rules 2008), is exempt from that condition while driving the vehicle in the performance of his or her duty.(3) A provisional P2 licence of class C, class LR, class MR or class HR is subject to the condition that the holder must not drive a car-based motor tricycle in addition to any other conditions that may be attached to the licence.
28A Conditions to which provisional P2 licence of class R is subject
(1) A provisional P2 licence of class R is subject to the following conditions (in addition to any other conditions that may be attached to the licence):(a) 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 green 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,(b) 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 listed for the time being in the Authority’s publication Approved motorcycles for novice riders, published on the Authority’s website and 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.(2) However, the driver of an emergency vehicle or police vehicle (within the meaning of the Road Rules 2008), is exempt from those conditions while driving the vehicle in the performance of his or her duty.
29 Cancellation or suspension of provisional P2 licence
(cf cl 15A (6) and (8) 1999 Reg)
(1) 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.(2) 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.
30 Demerit points and speeding offences—eligibility for unrestricted licence
(cf cl 15A (7) 1999 Reg)
A person who holds a provisional P2 licence is not eligible to apply for an unrestricted licence of the same class if:(a) (Repealed)(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.
31 Provisional licence ceases to be in force on issue of unrestricted licence
(cf cl 15A (9) 1999 Reg)
(1) On the issue to a person of an unrestricted licence (other than a motorcycle licence), any provisional P2 licence previously issued to the person ceases to be in force.(2) On the issue to a person of an unrestricted motorcycle licence, any provisional P1 licence or provisional P2 licence of class R previously issued to the person ceases to be in force.
Subdivision 2A Extension of provisional licence period
In this Subdivision:false ID offence means an offence under section 129 (Minor must not use false evidence of age) of the Liquor Act 2007 committed, or alleged to have been committed, after the commencement of this Subdivision.
provisional licence period means the minimum period for which a person is required, because of Subdivisions 1 and 2, to hold a provisional licence before being eligible to apply for a provisional P2 licence or an unrestricted licence (as the case requires).
Note. The scheme under Subdivisions 1 and 2 requires a person to hold a provisional licence (that is, a P1 licence followed by a P2 licence) for a total period of 36 months before the person can be issued with an unrestricted licence. If the Authority takes action in relation to the person under this Division, the total period will in effect be extended to 42 months.
(1) This Subdivision has effect despite any other provision of this Regulation.(2) This Subdivision extends to provisional licences in force as at the commencement of this Subdivision.
31C Authority may extend provisional licence period
(1) The Authority may extend a person’s provisional licence period for a period of 6 months if:(a) the person is convicted or found guilty of a false ID offence, or(b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person under section 150 of the Liquor Act 2007 in respect of a false ID offence, or(c) the person has not paid the penalty specified in a penalty notice issued to the person under section 150 of the Liquor Act 2007 in respect of a false ID offence and has not elected to have the matter dealt with by a court, and the time to have the matter so dealt with has lapsed.(2) The period of 6 months for which a person’s provisional licence period may be extended does not include any period during which the person’s provisional licence is suspended otherwise than on medical grounds.(3) The Authority may extend a person’s provisional licence period even though the person was not, at the time the false ID offence was alleged to have been committed, the holder of a driver licence.(4) The extension of a person’s provisional licence period applies only in respect of the issue of a driver licence within 5 years after the date on which the false ID offence was alleged to have been committed.(5) The Authority must not extend a person’s provisional licence period if the person was, at the time the false ID offence was alleged to have been committed, under the age of 14 years.(6) The extension of a person’s provisional licence period applies, in the case of a person who holds more than one class of driver licence, only in relation to one of those classes of licence (as determined by the Authority).(7) A person’s provisional licence period cannot be extended under this clause on more than one occasion.(8) If, in the case of a provisional licence that is subject to an extension under this clause, the licence is cancelled at any time by operation of section 189 of the Road Transport (General) Act 2005, the provisional licence period in respect of any subsequent provisional licence that is issued to the person may, despite subclause (7), be extended by the Authority for a further period of 6 months.(9) The Authority must, in the case of a person whose provisional licence period is extended under this clause, cancel the extension if:(a) the person’s conviction or finding of guilt in respect of the false ID offence is overturned by a court on appeal, or(b) the amount paid under the penalty notice in respect of the false ID offence is repaid to the person who paid it, or(c) any penalty notice enforcement order under the Fines Act 1996 made against the person in respect of the false ID offence is withdrawn.
Subdivision 3 Restrictions on provisional P1 and P2 licences
32 High performance vehicle restrictions
(cf cl 15B 1999 Reg)
(1) In addition to any other conditions that may be attached to a provisional licence, such a licence (other than a motorcycle 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 Driver—High performance vehicle restrictions as a high performance modification for the purposes of this clause, or(e) that is listed for the time being in the Authority’s publication Novice Driver—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 listed for the time being in the Authority’s publication Novice Driver—High performance vehicle restrictions as a vehicle that is not a high performance vehicle.(4) This clause applies only to a provisional licence issued after 16 December 2005 and applies only if:(a) the person to whom the licence is issued had not held a provisional licence at any time before that date, or(b) the person to whom the licence is issued had held a provisional licence at a time before that date and the licence issued after that date is issued after a disqualification for an offence committed on or after 11 July 2005.(5) Nothing in subclause (4) affects a condition imposed on a provisional licence under clause 15B of the Road Transport (Driver Licensing) Regulation 1999 on or before 16 December 2005.(6) 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.
33 12 month passenger restrictions after licence disqualification
(cf cl 15C 1999 Reg)
(1) In addition to any other conditions that may be attached to a provisional licence, such a licence (other than a motorcycle licence) that is issued to a person by the Authority after a licence disqualification is subject to the condition that the person 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 11 July 2005 and applies only if the licence disqualification concerned relates to a conviction for an offence committed after that date.(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.
passenger means any person in or on a vehicle other than the driver.
34 Restrictions on passengers under 21
(cf cl 15CA 1999 Reg)
(1) In addition to any other conditions that may be attached to a provisional P1 licence, such a licence (other than a class R licence) is subject to the condition that, if the holder is less than 25 years of age, the holder 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) However, the driver of an emergency vehicle or police vehicle (within the meaning of the Road Rules 2008), is exempt from that condition 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.
35 Exemptions from provisional P1 and P2 vehicle and passenger restrictions
(cf cl 15D 1999 Reg)
(1) The Authority may exempt the holder of a provisional licence from the operation of a provision of this Subdivision 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 sent to 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 the police officer’s functions under the road transport legislation.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 Heavy vehicle learner licences
(cf cl 14 1999 Reg)
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 holder would be eligible to apply for in accordance with this Regulation, and(b) the holder 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.