Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 4B

    (1)     For this Act, a person is a special driver if—

        (a)     the person is not the holder of an Australian driver licence or external driver licence; or

        (b)     the person's Australian driver licence or external driver licence is suspended; or

        (c)     the person is disqualified from holding or obtaining an Australian driver licence by a court in Australia or under the law of any jurisdiction; or

        (d)     the person holds a learner licence, provisional licence, probationary licence or restricted licence within the meaning given by the Road Transport (Driver Licensing) Act 1999 , dictionary; or

        (e)     the person is the holder of an Australian driver licence and is driving a motor vehicle of a kind that the person is not authorised to drive by the licence; or

        (f)     the person is the driver of—

              (i)     a Commonwealth vehicle; or

              (ii)     a vehicle on which a sign or marking is required to be displayed under the Dangerous Substances Act 2004 ; or

              (iii)     a heavy vehicle; or

              (iv)     a public vehicle within the meaning of the Road Transport (General) Act 1999 , section 158.

    (2)     However, subsection (1) (a) does not apply to a person who is exempted from holding a driver licence under the Road Transport (Driver Licensing) Act 1999 .

    (3)     The Minister may declare a motor vehicle to be a Commonwealth vehicle.

    (4)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (5)     In this section:

"Commonwealth vehicle" means a motor vehicle that is owned by the Commonwealth and—

        (a)     bears a label attached to the windscreen that displays the letter ‘C' followed by a 7-pointed star, both in white on a blue background, and the word ‘COMCAR' in blue on a white background; or

        (b)     is declared under subsection (3) to be a Commonwealth vehicle.

"heavy motor vehicle" means—

        (a)     a motor vehicle that has a GVM over 15t; or

        (b)     a motor vehicle and trailer combination, or a combination of semitrailer coupled to a motor vehicle, that has a GCM over 15t.

Note      ‘t' is the symbol for tonne(s).