Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (DRIVER LICENSING) ACT 1999 - SECT 28

Driver licensing system

    (1)     The regulations are to provide for a system of licensing drivers of motor vehicles used on roads or road related areas that provides a way of authorising the driving of motor vehicles on roads and road related areas and identifying people as licensed drivers of motor vehicles.

    (2)     Without limiting the scope of regulations under subsection (1), a regulation may—

        (a)     make provision in relation to—

              (i)     the issue or refusal to issue driver licences; and

              (ii)     the renewal and the refusal to renew driver licences; and

              (iii)     the imposition of conditions on driver licences; and

              (iv)     the replacement of and refusal to replace driver licences; and

        (b)     make provision in relation to the cancellation, variation and suspension of driver licences; and

        (c)     fix the periods for which a driver licence or renewal remains in force; and

        (d)     require the production of information by—

              (i)     applicants for driver licences or for renewals or variation of driver licences; or

              (ii)     holders of driver licences; and

        (e)     make provision in relation to the recognition by the road transport authority of things done under a corresponding law; and

        (f)     provide that this Act, or a stated provision of this Act, does not apply, or ceases to apply, to people prescribed by regulation; and

        (g)     provide that people prescribed by regulation are exempt from this Act or a stated provision of this Act; and

        (h)     allow the road transport authority to revoke, in the way and in circumstances prescribed by regulation, an exemption given under a regulation made for paragraph (g); and

              (i)     prescribe different classes and kinds of driver licences, grade each class or kind by reference to the driving skills required for the class or kind, and prescribe the eligibility criteria for the issue of each class or kind of licence; and

        (j)     allow the road transport authority to exempt people from holding a driver licence (whether or not subject to conditions imposed by the authority); and

        (k)     make provision in relation to the keeping of the driver licence register or demerit points register; and

        (l)     prescribe the circumstances in which driver licences must be surrendered or returned to the road transport authority; and

        (m)     make provision in relation to the disclosure of personal information in the driver licence register or demerit points register; and

        (n)     make provision in relation to competency-based assessment schemes relating to driver licensing; and

        (o)     require people who are—

              (i)     applicants for driver licences or for renewal or variation of driver licences; and

              (ii)     holders of driver licences; and

              (iii)     people exempted by regulation from holding a driver licence;

to submit to tests or medical or other examinations to assess fitness to obtain, hold or continue to hold a driver licence, a varied driver licence or an exemption from holding a driver licence; and

        (p)     require the holder of an Australian driver licence issued under the law of another jurisdiction to submit to tests or medical or other examinations to assess the person's fitness to drive in the ACT; and

        (q)     make provision in relation to driver training schemes; and

        (r)     make provision in relation to the accreditation of driving instructors, including the conduct and content of driving instruction and examinations.

    (3)     The kinds of driver licence that may be prescribed include, but are not limited to, conditional licences, learner licences, probationary licences, provisional licences, public vehicle licences and restricted licences.

Note     For offences in relation to false or misleading statements, information or documents, see the Criminal Code, pt 3.4



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