Part 1 Preliminary

1   Name of Regulation

This Regulation is the Road Transport (Driver Licensing) Regulation 2008.

2   Commencement

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 This Regulation replaces the Road Transport (Driver Licensing) Regulation 1999 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Object

The object of this Regulation is to assist in providing for the consistent administration and enforcement of a driver licensing system throughout Australia.

4   Definitions

(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.

Note. Other expressions are defined in the Dictionary to the Act.

(2)  Notes included in this Regulation do not form part of this Regulation.

Part 2 Driver licences generally

5   Licence classes and class codes

(cf cl 26 1999 Reg)

(1)  For the purposes of this Regulation, the classes of driver licence are as follows:

(a)  car licence (being a car licence other than an interlock driver licence or a car licence that is an interlock driver licence),

(b)  motorcycle licence,

(c)  light rigid vehicle licence,

(d)  medium rigid vehicle licence,

(e)  heavy rigid vehicle licence,

(f)  heavy combination vehicle licence,

(g)  multi-combination vehicle licence.

(2)  A licence class may be shown on a driver licence by means of a symbol or by the code (the licence code) shown opposite the relevant licence class in the following table.

Licence class	Licence code
motorcycle licence	R
car licence	C
light rigid vehicle licence	LR
medium rigid vehicle licence	MR
heavy rigid vehicle licence	HR
heavy combination vehicle licence	HC
multi-combination vehicle licence	MC

(3)  A licence class may be described by reference to its licence code.

6   Hierarchy of licence classes

(cf cl 27 1999 Reg)

(1)  For the purposes of this Regulation, the hierarchy of licence classes, ordered from the lowest to the highest class, is as follows:

(a)  car licence,

(b)  light rigid vehicle licence,

(c)  medium rigid vehicle licence,

(d)  heavy rigid vehicle licence,

(e)  heavy combination vehicle licence,

(f)  multi-combination vehicle licence.

(2)  A motorcycle licence is not included in the hierarchy.

7   Vehicles authorised to be driven in licence classes

(cf cl 26 1999 Reg)

(1)  The holder of a licence of a particular class may drive motor vehicles of a particular kind, as set out in this clause, and motor vehicles in any lower class according to the hierarchy of licence classes.

(2)  The holder of a motorcycle licence may drive a motor bike or motor trike, other than a motor trike that has a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.

(3)  The holder of a car licence (other than an interlock driver licence) may drive any of the following:

(a)  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),

(b)  a car-based motor tricycle,

(c)  any tractor or implement.

(4)  However, the authority conferred by a car licence (other than an interlock driver licence) does not entitle the holder to drive:

(a)  a motor bike, or

(b)  a motor trike (other than a car-based motor tricycle) that does not have a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.

(5)  The holder of a car licence that is an interlock driver licence may drive 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).

(6)  The holder of a light rigid vehicle licence may drive a motor vehicle that:

(a)  has a GVM greater than 4.5 tonnes but not greater than 8 tonnes, or

(b)  seats more than 12 adults (including the driver) and has a GVM not greater than 8 tonnes.

(7)  The holder of a medium rigid vehicle licence may drive a motor vehicle that has 2 axles and a GVM greater than 8 tonnes.

(8)  The holder of a heavy rigid vehicle licence may drive a motor vehicle (including an articulated bus, but not including any other articulated vehicle) that has 3 or more axles and a GVM greater than 8 tonnes.

(9)  The holder of a heavy combination vehicle licence may drive:

(a)  a prime mover to which is attached a single semi-trailer plus any unladen converter dolly, or

(b)  a rigid motor vehicle to which is attached a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly.

(10)  The holder of a multi-combination vehicle licence may drive any motor vehicle or combination of vehicles other than a motor bike or motor trike described in subclause (2).

8   Authorisation to tow trailers and semi-trailers

(cf 26 (10)–(12) 1999 Reg)

(1)  The holder of a car licence or light rigid vehicle licence may drive a motor vehicle covered by that licence class that is towing a single trailer with a GVM not greater than 9 tonnes, but only if:

(a)  in the case of a motor vehicle that has a GVM of up to 4.5 tonnes, the requirements of any law in force in this State in relation to the mass limits for combinations of light vehicles are met, or

(b)  in the case of a motor vehicle that has a GVM greater than 4.5 tonnes, the mass limits for combinations specified in the Road Transport (Mass, Loading and Access) Regulation 2005 are met.

(2)  The holder of a medium rigid vehicle licence or heavy rigid vehicle licence may drive a motor vehicle covered by that licence class that is towing a single trailer (other than a trailer commonly known as a semi-trailer) that has a GVM not greater than 9 tonnes, but only if the mass limits for combinations specified in the Road Transport (Mass, Loading and Access) Regulation 2005 are met.

(3)  Nothing in subclause (2) prevents the holder of a medium rigid vehicle licence or heavy rigid vehicle licence from towing a car carrier, horse float or like trailer that has a GVM not greater than 9 tonnes.

(4)  The driver of a vehicle towing a semi-trailer must hold a heavy combination vehicle licence.

9   Conditional licences and condition codes

(cf cl 28 and 57 (2) 1999 Reg)

(1)  A condition to which a driver licence is subject may be shown on the driver licence by means of a code or symbol.

(2)  If a condition is shown by a code or symbol, the driver licence must bear a note to the effect that the condition can be found out by inquiry of the Authority.

(3)  The holder of a conditional licence must, if required to do so by the Authority, carry, when driving, any notice issued by the Authority containing a full explanation of the conditions to which the licence is subject.

Maximum penalty: 20 penalty units.

(4)  The holder of an Australian driver licence issued in another jurisdiction that is a conditional licence bearing the code X, and that refers to a condition imposed under a provision of a law of that jurisdiction corresponding to this clause or clause 55, must carry a notice issued by the driver licensing authority of that jurisdiction containing a full explanation of the conditions to which the licence is subject when driving in this State.

Maximum penalty: 20 penalty units.

(5)  A condition code in Column 1 of the Table to this subclause may be used on a driver licence to indicate that the licence is subject to the licence condition set out in Column 2 opposite that code.

Condition code	Licence condition
A	The holder must drive only a motor vehicle fitted with an automatic transmission.
B	If the holder drives a heavy vehicle, the vehicle must be fitted with a synchromesh transmission or automatic transmission.
E	If the holder is the rider of a motor bike or motor trike, the motor bike or motor trike must be of restricted engine capacity as notified in writing by the Authority to the holder on issue or variation of the licence.
I	The holder must drive only a motor vehicle fitted with an approved interlock device within the meaning of Part 2A of the Act.
S	The holder must wear corrective lenses at all times while driving.
V	The holder must drive only a motor vehicle fitted with specified driver aids, or modified as directed in writing by the Authority or printed on the licence.
X	The holder must comply with any condition of which the holder has been notified in writing by the Authority on issue or variation of the licence or that is printed on the licence.
Z	The holder must not drive with a breath or blood alcohol concentration of 0.02 grams or more of alcohol in 210 litres of breath or 100 mls of blood.

(6)  A short description of a licence condition may be printed on a driver licence.

10   Form of driver licence

(cf cl 22 1999 Reg)

(1)  A driver licence must show:

(a)  a licence number for the person to whom it is issued, and

(b)  the full name of the person, and

(c)  a photograph of the person, and

(d)  the person’s date of birth, and

(e)  the person’s residential address, and

(f)  the person’s signature (or a reproduction of that signature), and

(g)  the class or classes of licence held by the person, and

(h)  the expiry date of the licence, and

(i)  the code of any condition to which the licence is subject.

(2)  Despite subclause (1) (e), the Authority may issue a driver licence showing an alternative address to any of the following persons:

(a)  a judicial officer within the meaning of the Judicial Officers Act 1986,

(b)  a Crown Prosecutor appointed under the Crown Prosecutors Act 1986,

(c)  a person who lives at the same residential address as a person referred to in paragraph (a) or (b).

11   Code on licences issued to temporary overseas visitors

(cf cl 22 (3) 1999 Reg)

The Authority may include on a driver licence issued subject to clause 43 (Special eligibility criteria for temporary overseas visitors) a code or symbol, together with a statement, to indicate that the licensee has not provided the Authority with evidence of permanent resident status.

Part 3 Learner licences, provisional licences and heavy vehicle learners

Division 1 Learner licences

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.

18   Restrictions on towing

(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.

23   Restrictions on towing

(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

31A   Definitions

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.

31B   Operation of Subdivision

(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

36   Heavy vehicle learners

(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.

Part 4 Eligibility to apply for issue or variation of driver licences

37   Application of Part to learner licences

This Part (except for clauses 40, 41, 42 and 43) does not apply in respect of learner licences.

37A   Eligibility to apply for unrestricted licences in classes R and C

(1)  A person is eligible to apply for an unrestricted licence that is a car licence or a motorcycle licence if the person is 20 years of age or over.

(2)  The relevant eligibility requirements for an unrestricted car licence are:

(a)  that the person has held an unrestricted car licence, or

(b)  that the person has held a provisional P2 licence that is a car licence for a continuous period of at least 24 months, or

(c)  that the person has held a relevant external driver licence for a continuous period of at least 36 months, or

(d)  that the person has held both a provisional licence in New South Wales that is a car licence and a relevant external driver licence 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 36 months, or

(e)  that the person has held a pre-graduated scheme provisional licence of a type considered appropriate by the Authority for a continuous period of at least 12 months.

(3)  The relevant eligibility requirements for an unrestricted motorcycle licence are:

(a)  that the person has held an unrestricted motorcycle licence, or

(b)  that the person is a person to whom clause 27 (5) applies, or

(c)  that the person has held a provisional P2 licence that is a motorcycle licence for a continuous period of at least 24 months, or

(d)  that the person has held a relevant external driver licence of a class or type considered appropriate by the Authority for a continuous period of at least 36 months, or

(e)  that the person has held both a provisional licence in New South Wales that is a motorcycle licence and a relevant external driver licence 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 36 months, or

(f)  that the person has held a provisional P1 licence that is a motorcycle licence issued by the Authority before 1 July 2009 for a continuous period of 12 months, or

(g)  that the person has held a pre-graduated scheme provisional licence of a type considered appropriate by the Authority for a continuous period of at least 12 months.

Note. Clause 27 (5) provides that an unrestricted licence of class R may be issued to an applicant who is eligible to be issued with a P2 provisional licence of class R in certain circumstances.

(4)  In determining a continuous period for the purposes of this clause, any period of suspension of the licence concerned is not to be included.

(5)  In this clause, pre-graduated scheme provisional licence means a provisional licence issued under the Act before 1 July 2000 (being the date on which the graduated licensing scheme for learner drivers was first introduced).

38   Eligibility to apply for licences in classes LR, MR, HR, HC and MC

(cf cl 6 1999 Reg)

(1), (1A)  (Repealed)

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

(3)  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 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 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 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 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.

(4)  In determining the period or periods for which a person has held a licence for the purposes of subclause (3), 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 must be excluded.

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

(6)  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.

39   Authority may require riders to undertake training course

Despite any other provision of this Part or Part 3, 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 9 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).

40   Eligibility to apply for additional licence class

(cf cl 6 (3) 1999 Reg)

A person is eligible to apply for variation of the person’s driver licence to include an additional licence class if the person:

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

(b)  is exempted by the Authority under this Part from meeting those requirements.

41   Exemptions from eligibility criteria

(cf cl 8 1999 Reg)

(1)  The Authority must exempt a person from a relevant eligibility requirement for a driver 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 a driver 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.

(4)  Nothing in subclause (2) limits the application of clause 69 to a requirement to hold a certificate issued under Part 9.

42   Suspended or disqualified persons not eligible

(cf cl 9, 38 (3) 1999 Reg)

(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.

(1A)  Despite subclause (1), a person who is issued a notice of licence suspension under Division 2 of Part 2 of the Act is not eligible to apply for a driver licence on and from the date the notice is issued until:

(a)  if the notice is issued under section 16 (2) of the Act and the person elects to be of good behaviour under section 16 (8) of the Act, the time that the person so elects, or

(b)  if the person makes no such election or the notice is issued under section 16 (9), 16A (8) or 17B (1) of the Act, the end of the licence 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)  Subclauses (1) and (2) do 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).

(4)  A person whose licence is suspended under section 16, 16A or 17B of the Act and who (before the expiration of the period of licence suspension) is subsequently disqualified from driving, remains ineligible to apply for a driver licence, after the period of disqualification ends, for a further period equivalent to the unexpired portion of the period of licence suspension.

(5)  (Repealed)

43   Special eligibility criteria for temporary overseas visitors

(cf cl 6A 1999 Reg)

(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 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 or learner licence (including a New Zealand driver licence or learner 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)  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 or learner licence means an Australian driver licence, or a learner licence, issued in another Australian 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 or New Zealand citizen, and

(b)  is not a permanent resident of Australia.

Part 5 Applications for issue or variation of driver licences

44   Procedure to obtain or vary driver licences

(cf cl 16 (1) and (3)–(5) and 30 (4) 1999 Reg)

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

(a)  a completed application in a 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)  If there is no postal service to the applicant’s residential address, the applicant must also provide an address for the service of notices.

(3)  The Authority may require an applicant for issue or variation of a driver licence to do any one or more of the following:

(a)  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,

(b)  provide evidence of the applicant’s compliance 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 applicant had last been disqualified from driving,

(c)  undergo, at the applicant’s own cost, a medical examination, or produce evidence of compliance with the medical standards contained in Assessing Fitness to Drive,

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

(e)  provide evidence that the applicant is eligible to be granted the class of licence sought,

(f)  have the applicant’s photograph taken, or provide a photograph in a form specified by the Authority,

(g)  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 applicant to comply with the requirements of an equivalent assessment.

45   Requirement for surrender of current licence before issue or variation

(cf cl 17 1999 Reg)

(1)  If an applicant for issue 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 varied driver licence.

(2)  The Authority may exempt the applicant from surrendering a licence issued in another country if satisfied that the Authority has obtained, or has access to, sufficient information about the licence and licence holder to make the surrender of the licence unnecessary.

46   When application for driver licence can be refused

(cf cl 18 1999 Reg)

(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 Assessing Fitness to Drive that are 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 applicant 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.

47   Issue and variation of driver licence

(cf cl 19 and 19AA 1999 Reg)

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

(2)  However, 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 the Photo Card by returning the Photo Card to the Authority.

(3)  The driver licence may be issued subject to conditions, including any of the conditions to which a provisional licence is subject.

(4)  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.

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

48   Issue of driver licence receipt as interim measure

(cf cl 20 1999 Reg)

(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 contain the particulars required to be shown on a driver licence under clause 10 (other than a photograph of the person to whom it is issued).

49   Competency based assessment

(cf cl 21 1999 Reg)

(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 an application for the issue or variation of a driver 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.

Part 6 Tests and medical examinations of licensed drivers

50   Tests and medical examinations of licensed drivers

(cf cl 31 1999 Reg)

(1)  The Authority may, by notice in writing, require the holder of a driver licence, within a time specified in the notice:

(a)  to submit to tests of the holder’s knowledge of safe driving practices and road law, or

(b)  to submit to tests or assessments of driving ability, or

(c)  to undergo a medical examination, conducted in accordance with Assessing Fitness to Drive, by a medical practitioner or allied professional practitioner, or produce evidence of compliance with the medical standards set out in that publication, to determine the holder’s medical fitness to hold a driver licence, or a licence of a particular class, or

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

(2)  The Authority may require the holder of a driver licence to provide to it any documents relevant to the holder’s medical fitness to hold a driver licence.

(3)  The Authority must accept, for the purposes of this clause, a certificate, in a form approved by the Authority, of the results of a medical examination conducted in another jurisdiction if that examination otherwise complies with this clause.

Part 7 Expiry and surrender of driver licences

51   Licence expiry date

(cf cl 33 1999 Reg)

A driver licence expires at the end of the day that is recorded in the driver licence register as the licence expiry date.

52   Notice of renewal of driver licence

(cf cl 34 1999 Reg)

(1)  A notice of renewal of a driver licence is a notice:

(a)  addressed and sent to the holder of the driver licence, and

(b)  stating that, if the driver licence is not renewed on or before a date specified in the notice, the driver licence will expire.

(2)  If the Authority fails to send a notice of renewal of a driver licence, or if the notice is not received by the holder of the driver licence, that failure or non-receipt does not affect:

(a)  the expiry of the driver licence, or

(b)  the obligation of the licence holder to renew the licence if the licence holder wishes to continue to drive a motor vehicle on a road or road related area after the expiry of the licence holder’s existing licence.

53   Renewal of driver licence

(cf cl 35 1999 Reg)

(1)  The holder of a driver licence may apply to the Authority to renew the driver licence at any time within 5 years after the licence expiry date by giving the Authority:

(a)  an application for renewal of the driver licence in the form approved by the Authority, and

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

(c)  the applicable fee.

(2)  The Authority may require the applicant to comply with any of the requirements of clause 44 (3) in addition to the requirements specified in subclause (1).

(3)  The Authority may refuse to renew the driver licence only if:

(a)  the circumstances are such that, if the applicant for renewal were applying for a new licence, the Authority would refuse that application under Part 5, or

(b)  the Authority is satisfied that the photograph contained in the previous driver licence is no longer a true likeness of the applicant.

(4)  If a driver licence (the old licence) is renewed, the expiry date of the new licence may be calculated from:

(a)  in the case of renewal before or on, or within six months after, the licence expiry date of the old licence—that expiry date of the old licence, or

(b)  in the case of renewal within 5 years after the licence expiry date of the old licence—the day the licence is renewed.

(5)  A person whose driver licence is not renewed within 5 years after the licence expiry date is not entitled to apply for a renewal, but may apply for a new licence in accordance with the requirements of Part 5.

54   Application for surrender of driver licence

(cf cl 37 1999 Reg)

(1)  The holder of a driver licence may apply, personally or by an agent who produces written evidence of his or her appointment as agent, to the Authority to surrender the licence.

(2)  The holder of a driver licence who applies for surrender of the licence must:

(a)  return the licence to the Authority, or

(b)  if the licence has been lost or destroyed, give the Authority a statement signed by the licence holder or agent that the licence has been lost or destroyed.

(3)  The Authority must approve an application for the surrender of a driver licence unless:

(a)  the holder of the licence has failed to meet the requirements of this clause, or

(b)  the Authority is taking action to suspend or cancel the licence under section 16, 16A, 17B or 33 of the Act or clause 55 or 57, or

(c)  the licence is suspended under section 16, 16A, 17B or 33 of the Act, section 204 or 205 of the Road Transport (General) Act 2005, Division 3 of Part 4 of the Fines Act 1996 or clause 55 or 57.

(4)  If the holder of a driver licence surrenders the licence, the Authority may refund part of the fee for the issue of the licence, calculated in accordance with the formula:

where:

fee paid is the amount, other than the administrative fee, paid for the issue of the driver licence.

number of days is the number of unexpired whole days remaining of the licence period for which the fee was paid, from the day on which the Authority approves the application to surrender the licence.

licence period is the total number of days for which the licence was issued.

(5)  The Authority may deduct from the refund the amount of any unpaid administrative fees incurred in respect of the driver licence.

(6)  If the amount of the refund (less any deduction) would comprise an amount that is not a whole number of dollars, the amount is to be adjusted downwards to the next whole number of dollars.

(7)  The holder of a driver licence that has been suspended under a provision referred to in subclause (3) (c) may give custody of the licence to the Authority. If the holder of the driver licence does so:

(a)  the holder of the driver licence is not eligible for a refund under this clause of any part of the licence fee, and

(b)  the Authority may dispose of the licence as it thinks fit.

Part 8 Variation, suspension or cancellation of driver licences

55   Variation, suspension or cancellation of driver licence by Authority

(cf cl 38 1999 Reg)

(1)  The Authority may vary, suspend or cancel a person’s driver licence if it appears to the Authority that:

(a)  the person has failed or refused to submit to a test or medical examination required under or in accordance with the Act or this Regulation, or has failed such a test or examination, or

(b)  it would be dangerous for the person to drive a motor vehicle because of illness or incapacity, or because of the effects of treatment for such conditions, or

(c)  the person does not have sufficient driving ability or knowledge of road law, or

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

(e)  the person 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 drugs in force in the jurisdiction in which the person had last been disqualified from driving, or

(f)  the person is no longer eligible, in accordance with the Act or this Regulation, for a particular class or classes of licence, or

(g)  the licence was issued or renewed in error, or

(h)  the licence is incorrect in any respect, or

(i)  a non-cash payment submitted to the Authority as payment of an applicable fee has been dishonoured, or

(j)  the person has been convicted in another jurisdiction or another country of any offence which, if the person had been licensed in that jurisdiction or country, would have enabled the driver licensing authority of that jurisdiction or country to vary, suspend or cancel the person’s licence, or

(k)  the person has failed to comply with a condition of the licence, or

(l)  the photograph contained in the licence is no longer a true likeness of the person, or

(m)  the licence has been issued or renewed, or a notice of suspension of the licence has been withdrawn, on the basis of information that has been provided in purported compliance with a request under section 18A of the Act and that is false or misleading in a material particular.

(2)  Without limiting subclause (1), the Authority:

(a)  may suspend a person’s driver licence if it appears to the Authority that, while driving a motor vehicle, the person has occasioned death or grievous bodily harm to some other person as a result of having become incapable of controlling the motor vehicle (for example, as a result of sleep or loss of consciousness), and

(b)  may do so regardless of whether the circumstances in which this has occurred have given rise to the person being prosecuted for an offence.

(3)  In deciding whether to do so, the Authority need not inquire into the likelihood of the person again becoming incapable of controlling a motor vehicle in similar circumstances.

(4)  The Authority must suspend or cancel a person’s driver licence in accordance with:

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

(b)  a law in force in this State.

56   Prescribed speeding offences for suspension or cancellation of licences

(cf cl 38A 1999 Reg)

For the purposes of the definition of speeding offence in section 33 (5) of the Act, any offence that involves exceeding a speed limit fixed by or under the Road Transport (Safety and Traffic Management) Act 1999 applicable to the relevant driver or vehicle by more than 30 kilometres per hour is prescribed.

57   Procedures for variation, suspension or cancellation of driver licence

(cf cl 39 1999 Reg)

(1)  If the Authority decides to vary, suspend or cancel a person’s driver licence, the Authority must give the person notice in writing of:

(a)  the reasons for the proposed variation, suspension or cancellation, and

(b)  any action that must be taken by the licence holder in order to avoid or reverse the variation, suspension or cancellation, and

(c)  the date after service of the notice on which the variation, suspension or cancellation takes effect.

(2)  The notice must also state:

(a)  in the case of a notice to vary a person’s driver licence, that if the licence is varied as set out in the notice, the person will no longer be authorised to drive a motor vehicle of a kind specified in the notice on a road or road related area, or

(b)  in the case of a notice to suspend a person’s driver licence, that if the licence is suspended, the person will not be authorised to drive a motor vehicle on a road or road related area for the period of suspension specified in the notice, or

(c)  in the case of a notice to cancel a person’s driver licence, that if the licence is cancelled, the person will no longer be authorised to drive a motor vehicle on a road or road related area.

(3)  Despite subclause (1) (c), if the Authority decides to vary, suspend or cancel a person’s driver licence on the ground that the person has failed or refused to submit to a test or medical examination required under or in accordance with the Act or this Regulation, or has failed such a test or examination, the Authority may determine that the variation, suspension or cancellation is to take effect on the service of the notice.

(4)  A notice to vary, suspend or cancel a person’s driver licence must also state whether the licence is required to be returned to the Authority and, if so, specify the date by which the licence must be returned and the place to which it is to be returned.

(5)  A driver licence is varied, suspended or cancelled in accordance with the terms of a notice served under this clause unless the Authority, by further notice in writing, withdraws the notice.

(6)  A notice to suspend a person’s driver licence under clause 55 (2) may not be withdrawn except on the order of the Local Court in respect of an appeal under Division 3 of Part 3 of the Road Transport (General) Regulation 2005.

(7)  If a person’s driver licence is varied, suspended or cancelled by the Authority, the person must, if required to do so, return the licence to the Authority within the time required by the notice served under this clause.

(8)  The Authority may decide to vary, suspend or cancel a driver licence under this Regulation without the holder of the licence having been provided with an opportunity to show cause why the licence should not be varied, suspended or cancelled.

58   Notice of suspension or cancellation of driver licence

(cf cl 39A 1999 Reg)

(1)  An authorised officer may give a person notice in writing that the person’s driver licence is suspended or cancelled if the records of the Authority indicate that the person’s driver licence is suspended or cancelled.

(2)  A notice under this clause:

(a)  must be in a form approved by the Authority, and

(b)  must identify the person to whom it is given and state that the Authority’s records show that the person’s driver licence has been suspended or cancelled, and

(c)  must state the date and time that the notice was given to the person.

(3)  Where a notice is given by a police officer under this clause, particulars of the notice are to be forwarded to the Authority immediately after the notice is given.

(4)  The giving of a notice to a person under this clause does not preclude any other action against the person in relation to an offence or alleged offence under any Act or regulation (including proceedings for an offence against section 25A of the Act).

(5)  In this clause:

authorised officer means:

(a)  a police officer, and

(b)  a person who is appointed by the Authority as an authorised officer for the purposes of this clause.

59   Downgrading of driver licence

(cf cl 40 1999 Reg)

(1)  If a driver licence is cancelled:

(a)  by the operation of the road transport legislation as a result of the imposition on the holder of the licence of a period of disqualification, or

(b)  by the Authority under section 33 of the Act,

      the Authority may, if the offence or offences (or alleged offence or offences) that gave rise to the cancellation arise wholly or mainly out of the use of a motor vehicle or trailer of a class approved in writing by the Authority for the purposes of this clause, issue the former holder with another driver licence, being one that does not authorise the driving of motor vehicles or trailers of that class, in substitution for the cancelled licence.

(2)  Nothing in this clause:

(a)  limits any discretion of the Authority to decline to issue a licence to a person, or

(b)  permits the issue of any licence to a person who for the time being is disqualified from holding one.

60   Demerit points and offences

(cf cl 36 1999 Reg)

(1)  For the purposes of section 15 (1) (a) of the Act, the national schedule of demerit points comprises the offences set out in Columns 1 and 2 of Schedule 1, and the points specified in relation to each offence set out in Column 3 of Schedule 1.

(2)  For the purposes of section 15 (1) (b) of the Act, the offences set out in Columns 1 and 2 of Schedule 2, and the points specified in relation to each offence set out in Column 3 of Schedule 2, are prescribed.

(3)  Despite subclauses (1) and (2), the number of demerit points to be allocated to an offence committed over a long weekend (other than an offence of another jurisdiction) is the number of points specified in Column 4 of Schedule 1 or 2, as the case may be, in respect of the offence.

(4)  Despite subclauses (1) and (2), the number of demerit points to be allocated to an offence referred to in either of those subclauses (being an offence under a law of another jurisdiction) committed over a long weekend is a number determined by the Authority (not being a number higher than the number applying under subclause (3) to the New South Wales offence with which the Authority has determined it corresponds).

(5)  In this clause:

long weekend means a period of consecutive days consisting of:

(a)  a Saturday and Sunday (the weekend), and

(b)  one or more days that have been declared to be public holidays (or part of which have been declared to be public holidays) throughout the State and that are any of the following:

(i)  the Thursday or Friday immediately before the weekend,

(ii)  the Monday or Tuesday immediately after the weekend, and

(c)  if the Thursday (but not the Friday) immediately before the weekend is such a public holiday—the Friday, and

(d)  if the Tuesday (but not the Monday) immediately after the weekend is such a public holiday—the Monday.

over a long weekend means during:

(a)  the period commencing on the day immediately before the first day of a long weekend and ending with the last day of a long weekend (inclusive), or

(b)  the following periods in a year:

(i)  if December 25 is a Monday—22 December until 1 January the following year (inclusive),

(ii)  if December 25 is a Tuesday—21 December until 1 January the following year (inclusive),

(iii)  if December 25 is a Wednesday—20 December until 1 January the following year (inclusive),

(iv)  if December 25 is a Thursday—24 December until 4 January the following year (inclusive),

(v)  if December 25 is a Friday—24 December until 3 January the following year (inclusive),

(vi)  if December 25 is a Saturday—24 December until 3 January the following year (inclusive),

(vii)  if December 25 is a Sunday—23 December until 2 January the following year (inclusive).

Part 9 Motorcycle licence training and testing scheme

61   Definitions

(cf cl 41 1999 Reg)

In this Part:

authorised rider training course means:

(a)  a learner licence rider training course, or

(b)  a provisional P1 licence rider training course,

provided under a rider training agreement.

rider training agreement means an agreement referred to in clause 62.

rider training centre means premises that a rider training operator is authorised to use for the purpose of providing an authorised rider training course.

rider training instructor means a person accredited under clause 63.

rider training operator means a person authorised, under a rider training agreement, to provide an authorised rider training course.

testing officer means a person accredited under clause 64.

62   Authorisation of rider training operators

(cf cl 42 1999 Reg)

The Authority may enter into an agreement with a person under which the person is authorised to provide a rider training course at a rider training centre specified in the agreement.

63   Accreditation of rider training instructors

(cf cl 43 1999 Reg)

The Authority may, by instrument in writing, accredit a person as a rider training instructor if the person:

(a)  is the holder of a valid and unexpired licence issued under the Driving Instructors Act 1992 authorising the person to act as a driving instructor, within the meaning of that Act, in respect of motor bikes and motor trikes, and

(b)  satisfies the Authority that the person is otherwise qualified to conduct an authorised rider training course.

64   Accreditation of testing officers

(cf cl 44 1999 Reg)

The Authority may, by instrument in writing, accredit a person as a testing officer if the person:

(a)  is a riding training instructor, and

(b)  satisfies the Authority that the person is otherwise qualified to be a testing officer.

65   Objects of authorised rider training course

(cf cl 45 1999 Reg)

(1)  The Authority must not enter into a rider training agreement unless the Authority is satisfied that the rider training course the subject of the agreement is to be directed to ensuring that a person who desires to hold:

(a)  a motorcycle learner licence, or

(b)  a provisional P1 licence of class R,

      has sufficient knowledge and skills to warrant the granting of the licence concerned.

(2)  For that purpose, any such course is to include:

(a)  the training of applicants in the necessary skills, and

(b)  the instruction of applicants in the relevant law and safe riding practices, and

(c)  the testing of applicants’ skills and knowledge, and

(d)  provision for the issue of certificates, in a form approved by the Authority and signed by a rider training instructor or testing officer (or, if the Authority so requires, by both an instructor and testing officer), attesting the satisfactory completion of the course by persons undertaking it.

66   Application to undertake authorised rider training course

(cf cl 46 1999 Reg)

(1)  A person who wishes to undertake an authorised rider training course must:

(a)  apply in writing to the Authority, in the form approved by the Authority, and

(b)  pay to the Authority the applicable fee.

(2)  Despite subclause (1) (a), the Authority may accept an application made to the Authority by telephone.

(3)  The Authority may refund all or part of the applicable fee if:

(a)  the person does not complete the course, and

(b)  the Authority is satisfied that the circumstances warrant a refund.

67   Mandatory training areas

(cf cl 47 1999 Reg)

The Authority may, by instrument in writing, identify any area within the State, being an area in which a rider training centre is situated, as a mandatory training area.

68   Exemption from requirements of this Part

(cf cl 48 (2)–(4) 1999 Reg)

(1)  The Authority may, by notice in writing, exempt any person or class of persons from all or any of the requirements of this Part.

(2)  An exemption may be unconditional or may be subject to conditions specified in the exemption.

(3)  An exemption that is subject to conditions ceases to be in force as soon as the conditions are not complied with.

69   Exemption from compulsory training

(cf cl 48 (1) and (5) 1999 Reg)

(1)  The Authority may exempt a person from a requirement under this Regulation to hold a certificate issued under this Part for such reasons as it thinks fit.

(2)  A person who satisfies the Authority that the person’s usual residential address is not within a mandatory training area is exempt from any requirement under this Regulation to hold a certificate issued under this Part.

(3)  A person is exempt from any requirement of this Regulation to hold a certificate issued under this Part if:

(a)  the person applies for the issue of a learner licence to learn to ride a motor bike or motor trike, and

(b)  the person is, at the time of applying, the holder of a learner licence to learn to ride a motor bike or motor trike, or the equivalent of such a licence, issued under the law in force in another jurisdiction.

70   Exemption from licensing and other provisions

(cf cl 49 1999 Reg)

A person is exempt from the requirement to hold a licence in respect of any motor bike or motor trike while it is being ridden, as part of an authorised rider training course at a rider training centre referred to in this Part, by an applicant for a learner licence who is 16 years and 6 months of age or older.

Part 10 Interlock driver licences and devices

Division 1 Definitions

71   Definitions

(cf cl 50 1999 Reg)

In this Part:

approval means an approval as an approved interlock installer or approved interlock service provider under section 21B of the Act and this Part.

approved interlock device has the same meaning as in Part 2A of the Act.

interlock device has the same meaning as in Part 2A of the Act.

labelled approved interlock device means an approved interlock device labelled with the words “NSW approved interlock device”.

maintenance, in relation to an interlock device, has the same meaning as in Part 2A of the Act.

Division 2 Interlock driver licences

72   Authority may issue interlock driver licence

(cf cl 19A (1) 1999 Reg)

Without limiting clause 47, 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 Part.

Note. Under section 194 of the Road Transport (General) Act 2005, a person in respect of whom an order suspending a disqualification to hold a licence is made is entitled to apply for an interlock driver licence.

73   Additional application procedures

(cf cl 16 (6) 1999 Reg)

In addition to any other requirement applying to an applicant under Part 5, 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, and

(b)  provide to the Authority a certificate from that medical practitioner confirming that the applicant has undergone the 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.

74   Additional interlock driver licence conditions

(cf cl 19A (2)–(4) 1999 Reg)

(1)  An interlock driver licence is subject to the following conditions in addition to the condition set out in clause 72:

(a)  the holder of the licence must not drive a motor vehicle with a breath or blood alcohol concentration of:

(i)  more than zero grams of alcohol in 210 litres of breath or 100 millilitres of blood if the licence is a learner licence, a provisional P1 licence or a provisional P2 licence, or

(ii)  0.02 or more grams of alcohol in 210 litres of breath or 100 millilitres of blood in any other case,

(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 or a motor vehicle loaded or partly loaded with any dangerous goods,

(d)  for the purpose of counselling the holder of the licence with respect to the consumption of alcohol, the holder must (at the holder’s 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 approved interlock device identified in the certificate the holder provided to the Authority under clause 73 (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.

(2)  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 licence holder as the Authority considers appropriate.

(3)  The Authority may, by notice in writing to the holder of the licence, vary or revoke any such conditions.

(4)  In this clause:

dangerous goods has the same meaning as in the Road and Rail Transport (Dangerous Goods) Act 1997.

public passenger vehicle has the same meaning as in the Passenger Transport Act 1990.

75   Converted interlock driver licences

(cf cl 19A (5) and 19B 1999 Reg)

(1)  An interlock driver licence is taken, 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).

(2)  The holder of a converted interlock driver licence is not required to observe any of the conditions to which the interlock driver licence was subject under this Division.

(3)  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.

Note. This provision enables a person who has been issued with an interlock driver licence for a period that exceeds the period the person is required to participate in an alcohol interlock program to continue to drive under the authority of the licence for the duration of the licence.

Division 3 Approvals relating to interlock devices

76   Fit and proper persons

(cf cl 53 1999 Reg)

(1)  For the purposes of this Part, a person is not a fit and proper person to be an approved interlock installer or an approved interlock service provider if:

(a)  a court in this State or elsewhere has convicted the person of a relevant offence within the period of 5 years immediately before the person applies for the approval, or

(b)  the person is an undischarged bankrupt, or

(c)  the person has at any time had an interlock driver licence suspended or cancelled under the Act or this Regulation or has had the person’s participation in a program that is similar to the alcohol interlock program that is established under the law of another jurisdiction suspended or cancelled.

(2)  In this clause:

relevant offence means any of the following offences committed after the commencement of this clause:

(a)  an offence involving dishonesty,

(b)  a major offence within the meaning of the Road Transport (General) Act 2005,

(c)  an offence in another jurisdiction that would have been an offence referred to in paragraph (a) or (b) if committed in this State.

77   Eligibility for approval as approved interlock installer

(cf cl 51 1999 Reg)

(1)  A person is eligible to apply to be approved as a person who may install and remove approved interlock devices in motor vehicles for the purposes of Part 2A of the Act (an approved interlock installer) if the person:

(a)  is at least 18 years of age, and

(b)  is a fit and proper person to be an approved interlock installer, and

(c)  is suitably qualified to perform the functions of an approved interlock installer, and

(d)  is capable of performing the functions of an approved interlock installer, and

(e)  has access to equipment and facilities necessary to enable the person to install and remove approved interlock devices in motor vehicles.

(2)  A person is not eligible to apply to be approved as an approved interlock installer if:

(a)  in the opinion of the Authority, the person is unable to perform the functions of an approved interlock installer because of illness or mental or physical disability, or

(b)  the person has at any time had an approval as an approved interlock installer revoked, or

(c)  in the opinion of the Authority, the person has failed to properly perform the functions of an approved interlock installer under the Act or this Regulation, or to properly perform functions under a program that is similar to the alcohol interlock program established under the law of another jurisdiction, in a significant respect.

78   Eligibility for approval as approved interlock service provider

(cf cl 52 1999 Reg)

(1)  A person is eligible to apply to be approved as a person who may carry out maintenance to ensure the proper operation of approved interlock devices, or conduct inspections of such devices, for the purposes of Part 2A of the Act (an approved interlock service provider) if the person:

(a)  is at least 18 years of age, and

(b)  is a fit and proper person to be an approved interlock service provider, and

(c)  is suitably qualified to perform the functions of an approved interlock service provider, and

(d)  is capable of performing the functions of an approved interlock service provider, and

(e)  has access to equipment and facilities necessary to enable the person to carry out maintenance to ensure the proper operation of approved interlock devices or to conduct inspections of such devices.

(2)  A person is not eligible to apply to be approved as an approved interlock service provider if:

(a)  in the opinion of the Authority, the person is unable to perform the functions of an approved interlock service provider because of illness or mental or physical disability, or

(b)  the person has at any time had an approval as an approved interlock service provider revoked, or

(c)  in the opinion of the Authority, the person has failed to properly perform the functions of an approved interlock service provider under the Act or this Regulation, or failed to properly perform functions under a program that is similar to the alcohol interlock program established under the law of another jurisdiction, in a significant respect.

79   Application for approval as interlock installer or service provider

(cf cl 53A 1999 Reg)

(1)  An application for approval is to be made to the Authority in the form approved by the Authority and is to be accompanied by the applicable fee (if any).

(2)  The Authority may require an applicant for approval to submit evidence, in a form approved by the Authority:

(a)  that the applicant is eligible for approval, or

(b)  verifying any particulars set out in an application.

(3)  The Authority may require an applicant for approval to provide to the Authority information about any other matter relevant to the decision whether to approve the application.

80   Determination of applications for approval

(cf cl 53B 1999 Reg)

(1)  The Authority may determine an application for approval by granting or refusing the application.

(2)  Without limiting subclause (1), the Authority may refuse an application for approval as an approved interlock installer if, in the opinion of the Authority, the applicant does not meet any of the eligibility requirements set out in clause 77.

(3)  Without limiting subclause (1), the Authority may refuse an application for approval as an approved interlock service provider if, in the opinion of the Authority, the applicant does not meet any of the eligibility requirements set out in clause 78.

81   Conditions of approvals

(cf cl 53C 1999 Reg)

(1)  An approval may be granted unconditionally or subject to conditions specified in the approval.

(2)  After granting an approval, the Authority may, by notice in writing to the holder of the approval:

(a)  impose conditions or further conditions on the approval, or

(b)  vary or revoke any of the conditions to which the approval is subject.

(3)  Conditions may include (but are not limited to) conditions of the following kind:

(a)  conditions relating to the installation, removal, inspection or carrying out of maintenance on approved interlock devices,

(b)  conditions relating to the compiling and furnishing to the Authority, persons nominated by the Authority and to the holders of interlock driver licences of information obtained by the holder of the approval in carrying out functions for the purposes of Part 2A of the Act.

82   Duration of approvals

(cf cl 53D 1999 Reg)

An approval takes effect on the date on which it is granted or on such later date as may be specified in the approval and (unless it is sooner revoked) remains in force for the period (not exceeding 3 years) specified in the approval.

83   Subsequent approvals

(cf cl 53E 1999 Reg)

(1)  An approval may be renewed by making an application in accordance with this Division for a new approval (referred to in this clause as a subsequent approval).

(2)  If a person applies for a subsequent approval before the term of the person’s current approval expires (referred to in this clause as the old approval) and the application has not been dealt with by the time the old approval expires, the authority conferred by the old approval continues until such time as the person is notified of the grant, or refusal of, the subsequent approval.

84   Show cause notice

(cf cl 53F 1999 Reg)

(1)  The Authority may serve a show cause notice on the holder of an approval if the Authority is of the opinion that there is reasonable cause to believe that there are grounds for revoking the approval under section 21B (4) of the Act.

(2)  A show cause notice is a notice requiring the holder of the approval to show cause why the approval should not be revoked on the grounds specified in the notice.

(3)  Without limiting the grounds that may be specified in the notice, grounds include the following:

(a)  that the holder of the approval has failed to comply with the Act, this Regulation or a condition of the approval,

(b)  that the holder of the approval does not satisfy any of the eligibility requirements for the approval set out in clause 77 or 78.

(4)  A show cause notice is to be in writing and is to specify a period of not less than 21 days after service of the notice as the period that the holder has to show cause as required by the notice.

(5)  The holder on whom a show cause notice is served may, within the period allowed by the notice, make written submissions to the Authority in respect of the matters to which the notice relates.

(6)  The Authority may conduct such enquiries and make such investigations in relation to the matters to which a show cause notice relates and the submissions, if any, made by or on behalf of the holder of the approval concerned as the Authority thinks fit.

(7)  This clause does not apply to a revocation of an approval if the Authority has reasonable grounds to believe that the holder of the approval has wilfully failed to comply with the Act, this Regulation or the conditions of the approval and is likely to continue to do so.

85   Notice of revocation of approval

(cf cl 53G 1999 Reg)

(1)  The Authority is to include a statement of the reasons for its decision to revoke an approval when giving notice under section 21B (4) of the Act.

(2)  Revocation of an approval takes effect on the day notice of the revocation is given under section 21B (4) of the Act or on a later day specified in the notice.

Division 4 Offences

86   Failure to comply with condition of approval

(cf cl 59 1999 Reg)

The holder of an approval who fails to comply with a condition of the approval is guilty of an offence.

Maximum penalty: 20 penalty units.

87   Installation or removal of approved interlock devices without approval

(cf cl 59B 1999 Reg)

A person must not install an approved interlock device in, or remove an approved interlock device from, a motor vehicle for the purposes of Part 2A of the Act unless the person is the holder of an approval as an approved interlock installer that is in force.

Maximum penalty: 20 penalty units.

88   Installation or removal of unlabelled approved interlock devices

(cf cl 59C 1999 Reg)

An approved interlock installer must not install an approved interlock device in, or remove an approved interlock device from, a motor vehicle for the purposes of Part 2A of the Act unless the device is clearly labelled in a form approved by the Authority with the words “NSW approved interlock device”.

Maximum penalty: 20 penalty units.

89   Maintenance or inspection of interlock devices without approval

(cf cl 59D 1999 Reg)

A person must not carry out maintenance on, or conduct an inspection of, an approved interlock device for the purposes of Part 2A of the Act unless the person is the holder of an approval as an approved interlock service provider that is in force.

Maximum penalty: 20 penalty units.

90   Maintenance or inspection of unlabelled approved interlock devices

(cf cl 59E 1999 Reg)

An approved interlock service provider must not carry out maintenance on, or conduct an inspection of, an approved interlock device in a motor vehicle for the purposes of Part 2A of the Act unless the device is clearly labelled in a form approved by the Authority with the words “NSW approved interlock device”.

Maximum penalty: 20 penalty units.

91   Labelling approved interlock devices

(cf cl 59F 1999 Reg)

(1)  A person must not label an interlock device with the words “NSW approved interlock device” unless:

(a)  the device is an approved interlock device, and

(b)  the person is an approved interlock installer or an approved interlock service provider.

Maximum penalty: 20 penalty units.

(2)  A person must not remove a label bearing the words “NSW approved interlock device” from an interlock device unless:

(a)  the person is an approved interlock installer or approved interlock service provider, and

(b)  the person for whom the interlock device was installed has ceased to participate in the alcohol interlock program in respect of which it was installed or the label is to be immediately replaced with another such label.

Maximum penalty: 20 penalty units.

92   Notification of removal of approved interlock devices

(cf cl 59G 1999 Reg)

An approved interlock installer who removes a labelled approved interlock device from a motor vehicle must give the Authority written notice of the removal not later than at the end of the day of the removal.

Maximum penalty: 20 penalty units.

93   Tampering or otherwise interfering with labelled approved interlock device

(cf cl 59H 1999 Reg)

(1)  A person who, without reasonable excuse, tampers or otherwise interferes with a labelled approved interlock device installed in a motor vehicle is guilty of an offence.

Maximum penalty: 20 penalty units.

(2)  A person who aids, abets or causes or permits the commission of an offence referred to in subclause (1) is guilty of an offence.

Maximum penalty: 20 penalty units.

94   Notification of suspected tampering or otherwise interfering with labelled approved interlock devices

(cf cl 59I 1999 Reg)

An approved interlock installer or approved interlock service provider who becomes aware that a labelled approved interlock device has been tampered or otherwise interfered with must give the Authority written notice of that interference or tampering not later than at the end of the day on which he or she becomes aware of the interference or tampering.

Maximum penalty: 20 penalty units.

95   False or misleading information

(cf cl 59A 1999 Reg)

A person must not, in purported compliance with clause 92 or 94, provide data or information that the person knows is false or misleading in a material particular.

Maximum penalty: 20 penalty units.

Division 5 Miscellaneous

96   Police may seize motor vehicle or device

(cf cl 53H 1999 Reg)

(1)  A police officer may stop and inspect a motor vehicle driven on a road or road related area if the officer reasonably suspects that the motor vehicle may be fitted with an interlock device.

(2)  A police officer may seize a motor vehicle driven by the holder of an interlock driver licence in which an interlock device is installed if the officer reasonably suspects that the device has been used in contravention of the Act or the regulations.

97   Agreements relating to interlock devices

(cf cl 53I 1999 Reg)

The Authority may enter into an agreement with a person (not being inconsistent with the Act or this Regulation) with respect to the supply, or provision of services relating to the installation, removal, maintenance and inspection of, interlock devices for the purposes of the alcohol interlock program.

Part 11 Exemptions from requirement to hold driver licence

98   Authority may exempt certain classes of driver from requirement to hold licence

(cf cl 54 1999 Reg)

(1)  The Authority may exempt a driver or class of drivers from the requirement to hold a driver licence, or a particular class of driver licence.

(2)  An exemption under this clause may be subject to conditions specified by the Authority.

(3)  The Authority must cause notice of an exemption under this clause to be published in the Gazette.

99   Interstate and international visitors

(cf cl 55 1999 Reg)

(1)  A visiting driver who holds:

(a)  a current Australian driver licence or learner licence (including a New Zealand driver licence or learner licence) issued in another jurisdiction, or

(b)  a current foreign driver licence and international driving permit, or

(c)  a current foreign driver licence that is written in English or is accompanied by an English translation,

      that authorises him or her to drive a motor vehicle of a particular kind may drive a motor vehicle of that kind in this State, and is exempt from the requirements of the Act and this Regulation (other than this clause).

(2)  A visiting driver who holds:

(a)  a current foreign driver licence and international driving permit, or

(b)  a current foreign driver licence that is written in English or is accompanied by an English translation,

      that authorises its holder to drive a motor vehicle may, in this State, drive 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), and is exempt from the requirements of the Act and this Regulation (other than this clause).

(3)  Subclause (2) applies to any driver licence, regardless of the kind of motor vehicle it authorises its holder to drive, except for a driver licence that authorises its holder to drive only a motor bike, motor trike or motor vehicle referred to in clause 102 (1) (c) or (d).

(4)  A visiting driver ceases to be exempt under this clause from any requirements of the Act and this Regulation if any of the following happen:

(a)  in the case of a visiting driver who is the holder of an Australian driver licence or learner licence or New Zealand driver licence or learner licence—the driver has resided in this State for a continuous period of more than 3 months, unless the driver also holds a valid Driver Identification Document issued by the Department of Defence of the Commonwealth,

(b)  in the case of a visiting driver who is an international visitor—the driver has held a permanent visa under the Migration Act 1958 of the Commonwealth for more than 3 months,

(c)  the visiting driver is suspended or disqualified from driving a motor vehicle on a road or road related area in any part of Australia or another country,

(d)  the visiting driver would, if the driver applied for a driver licence, be refused because of a failure to meet the conditions of reinstatement of a driver licence after cancellation,

(e)  the visiting driver is charged with an offence specified under another law of this State relating to visiting drivers,

(f)  if, in the reasonable opinion of the Authority, the visiting driver is not a fit and proper person to drive a motor vehicle in this State,

(g)  if, in the reasonable opinion of the Authority, the visiting driver’s ability to drive safely is impaired due to a permanent or long term injury or illness.

(5)  Subclause (4) (e) ceases to have effect in relation to a visiting driver if the charge is withdrawn or dismissed.

(6)  If the Authority forms an opinion that subclause (4) (f) or (g) applies to a visiting driver, the Authority must give the visiting driver notice in writing stating:

(a)  that the visiting driver is no longer exempt from the requirement to hold a driver licence in this State, and

(b)  that the visiting driver must not drive a motor vehicle on a road or road related area in this State, and

(c)  the reasons why the visiting driver is no longer exempt, and

(d)  any action that may be taken by the visiting driver in order to regain the exemption, and

(e)  the date by which the visiting driver must take that action.

(7)  A visiting driver exempted under this clause must, when driving a motor vehicle or a trailer on a road or road related area:

(a)  carry the licence held by the visiting driver and referred to in subclause (1) or (2), and

(b)  if requested to do so by a police officer, produce the licence to the police officer.

Maximum penalty: 20 penalty units.

100   Golf and green keeping vehicles used on roads or road related areas

(cf cl 55A 1999 Reg)

(1)  A person is exempted from the requirements of section 25 (1) of the Act in respect of the driving of any golf vehicle or green keeping vehicle directly across a road or road related area that intersects with or traverses a golf course if the vehicle:

(a)  is being used in the course of, or as an incident to, a game of golf or to observe any such game, or

(b)  is proceeding to or from the golf course to be used for or in connection with the rolling or maintenance or surface improvement of any part of the golf course, or

(c)  is proceeding to or from a car park or storage building that is separated from the golf course by the road or road related area.

(2)  In this clause:

golf course means an area of land (which includes tees, fairways, greens, rough, pathways, bunkers and bridges) designed and used for the playing of golf.

golf vehicle means:

(a)  a motorised buggy or cart that is designed and used to carry any golfer, spectator or golfing equipment on a golf course, or

(b)  a motor bike having an engine capacity not exceeding 50 ml that is used to carry a golfer, spectator or golf equipment on a golf course, or

(c)  any trailer that is being drawn by any such vehicle.

green keeping vehicle means any vehicle used solely or principally for or in connection with the rolling or maintenance or surface improvement of any part of a golf course.

101   Drivers of light rail vehicles

(cf cl 55C 1999 Reg)

A person is exempted from the requirements of section 25 (2) of the Act in respect of the driving of a light rail vehicle within the meaning of the Road Transport (Safety and Traffic Management) Act 1999.

102   Other exemptions from licensing

(cf cl 55D 1999 Reg)

(1)  A person is exempted from the requirements of section 25 (1) of the Act in respect of the driving of any of the following vehicles:

(a)  any motor vehicle or trailer while it is being driven by the person who is being submitted (as an applicant for a licence) to a driving test by a police officer or a person authorised by the Authority or by the Commissioner of Police to test drivers,

(b)  any motor vehicle or trailer, weighing not more than 250 kg when unladen, that is constructed or used solely for cutting grass or for purposes incidental to cutting grass,

(c)  any power-assisted pedal cycle within the meaning of vehicle standards, as amended from time to time, determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth,

(d)  any motor vehicle or trailer that:

(i)  is specially constructed to be used, and while on a road or road related area is used, solely for the conveyance of an invalid, and

(ii)  is not capable of travelling at more than 10 km/h.

Note. Power-assisted pedal cycle is defined in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth. The definition of power-assisted pedal cycle includes pedalecs within the meaning of that Standard (which may have one or more auxiliary propulsion motors generating a combined power output not exceeding 250 watts).

(2)  Section 25A (1) (a), (3) (a) and (3A) (b) (i) of the Act does not apply to the driving of any of the following vehicles:

(a)  any motor vehicle or trailer while it is being driven by a person who is being submitted (as an applicant for a licence) to a driving test by a police officer or a person authorised by the Authority or by the Commissioner of Police to test drivers,

(b)  any motor vehicle or trailer, weighing not more than 250 kg when unladen, that is constructed or used solely for cutting grass or for purposes incidental to cutting grass,

(c)  any power-assisted pedal cycle within the meaning of vehicle standards, as amended from time to time, determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth,

(d)  any motor vehicle or trailer that is specially constructed to be used, and while on a road or road related area is used, solely for the conveyance of an invalid and is not capable of travelling at more than 10 km/h.

Part 12 Miscellaneous

Division 1 Administration

103   Driver licence register

(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.

Division 2 Fees

111   Applicable fees

(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.

112   Waiver of fees

(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.

Division 3 Other

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.

116   Notification offence

(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.

119   Damaged or lost licences

(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.

120A   Professional drivers

(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.

Schedule 1 National schedule of demerit point offences

(Clause 60 (1) and (3))

Schedule 2 Additional demerit point offences

(Clause 60 (2) and (3))

Schedule 3 Fees

(Clause 111)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Road Transport (Driver Licensing) Regulation 2008 (397). GG No 106 of 29.8.2008, p 8729. Date of commencement, 1.9.2008, cl 2. This Regulation has been amended as follows:

Table of amendments