Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977 , the Registrar may—
(a) grant a provisional licence to drive a specified class of vehicles to a person who does not hold a provisional or full licence; or
(b) make, on a provisional or full licence, a provisional endorsement that entitles the licensee to drive a specified class of vehicles that he or she is not already entitled to drive;
and may renew such a licence or endorsement from time to time.
(2) Subject to this section, the Registrar shall not grant a provisional licence or make a provisional endorsement unless the applicant—
(a) in the case of a provisional licence or endorsement to drive a motor cycle, has held—
(i) a learner licence;
(ii) a corresponding licence; or
(iii) a learner licence receipt;
to drive a motor cycle for a period of, or periods totalling, not less than 3 months;
(b) in the case of a provisional licence or endorsement to drive a light vehicle, has held—
(i) a learner licence;
(ii) a corresponding licence; or
(iii) a learner licence receipt;
to drive a light vehicle for a period of, or periods totalling, not less than 6 months;
(c) in the case of a provisional licence to drive a rigid truck, rigid motor omnibus, public motor vehicle, private hire car or restricted hire vehicle—has held a licence, a provisional endorsement or a corresponding licence to drive a light vehicle for a period of, or periods totalling, not less than 12 months;
(d) in the case of a provisional licence to drive an articulated vehicle, heavy trailer combination or an articulated motor omnibus—has held a licence or a corresponding licence to drive a rigid truck or rigid motor omnibus (other than a small motor omnibus) for a period of, or periods totalling, not less than 12 months; or
(e) in the case of a provisional licence to drive a road train or B-double—has held a licence or a corresponding licence to drive—
(i) a heavy articulated vehicle; or
(ii) a heavy trailer combination—
(A) the GCM of which exceeds 24 tonnes; or
(B) that has more than 3 axles;
for a period of, or periods totalling, not less than 12 months.
(3) A reference in a paragraph of subsection (2) to a corresponding licence shall be read as a reference to a corresponding licence that, in the opinion of the Registrar, is equivalent to a licence referred to in that paragraph.
(4) In calculating, for the purposes of subsection (2), the time during which a person has held a licence, any period during which the licence has been suspended shall be disregarded.
(5) Subject to this section, the Registrar shall not grant a provisional licence or make a provisional endorsement unless the applicant—
(a) in the case of a licence to drive a rigid truck or rigid motor omnibus—is at least 18 years of age;
(b) in the case of a licence to drive an articulated vehicle, heavy trailer combination or articulated motor omnibus—is at least 19 years of age;
(c) in the case of a licence to drive a road train, B-double, public motor vehicle, private hire car or restricted hire vehicle—is at least 21 years of age; and
(d) in the case of any other licence or of an endorsement—is at least 17 years of age.
(6) The Registrar shall not grant a provisional licence unless the applicant—
(a) surrenders any other licence or corresponding licence that he or she may be holding and furnishes a declaration that he or she holds no other licence or corresponding licence; or
(b) furnishes a declaration that he or she holds no licence or corresponding licence.
(7) Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977 , a provisional endorsement ceases to be valid if the licence on which it is made is cancelled, suspended or expires.
(8) A provisional licence shall not be granted for a period that exceeds 3 years from the date of the grant, but may be extended in accordance with subsection (23).
(9) A provisional endorsement shall not be made for a period that exceeds 12 months, but may be extended in accordance with subsection (23).
(10) Where the Registrar grants a provisional licence for a period that is less than 3 years, the fee payable on the grant is an amount that bears the same proportion to the fee determined in respect of the grant of a provisional licence as the number of full months for which the licence is granted bears to 36.
(11) Notwithstanding subsections (2) and (5), if the Registrar is satisfied that special circumstances exist that justify his or her so doing, the Registrar may grant a provisional licence to a person to whom, but for this subsection, he or she would be prohibited from granting it by reason of either of those subsections.
(12) A provisional licence granted under subsection (11) shall be subject to such conditions, specified in the licence, as are necessary to ensure that the licensee does not drive a motor vehicle otherwise than for purposes connected with the special circumstances referred to in that subsection.
(13) A person to whom a provisional licence is granted under subsection (11) shall comply with a condition specified in the licence.
(14) The Registrar shall not grant a provisional licence, make a provisional endorsement or renew a provisional licence unless satisfied that the applicant is capable of driving, with safety to the public, a motor vehicle of the class specified in the licence or endorsement, as the case requires.
(14A) For the purpose of satisfying himself or herself as to the capabilities of an applicant under subsection (14), the Registrar shall have regard to any certificate of competency in relation to the applicant.
(15) Where, for the purposes of subsection (14), the Registrar requires an applicant to undergo a driving test, the Registrar shall not fix the date and time for the test unless the applicant has paid to the Territory the determined fee.
(16) An applicant is entitled to a refund of a fee referred to in subsection (15) if the proposed driving test in respect of which the fee was paid is cancelled by the Registrar.
(17) An applicant for a licence is entitled to a refund of a fee referred to in subsection (15) less an amount determined by the Minister if, not later than 48 hours before the time fixed for a driving test in respect of which the fee was paid, the applicant informs the Registrar that he or she does not intend to undergo the test at the time so fixed.
(18) The amount of a refund that a person is entitled to under subsection (16) or (17) may be applied in satisfaction or partial satisfaction of a determined fee under subsection (15).
(19) The Registrar may refuse to grant a provisional licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or a licensed goods motor vehicle to a person who does not produce to the Registrar a certificate of good character signed by not less than 2 persons of good repute.
(20) The Registrar may refuse to grant a provisional licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or licensed goods vehicle unless the applicant satisfies the Registrar that he or she is—
(a) a fit and proper person to hold the licence; and
(b) able to speak, read and write the English language.
(21) A person who has held a provisional licence or endorsement to drive a light vehicle for less than 12 months shall not drive on a public street a motor vehicle in that class—
(a) unless there is displayed conspicuously at, and so as to be clearly visible from, the front and rear of the vehicle, a square sign—
(i) each side of which is not less than 155 millimetres in length; and
(ii) displaying the letter “P” in red on a white background;
being a sign that has been issued or authorised by the Registrar; or
(b) to which there is coupled a trailer the GVM of which exceeds 750 kilograms.
(22) A person who has held a provisional licence or endorsement to drive a motor cycle for less than 12 months shall not drive on a public street a motor cycle—
(a) unless there is displayed conspicuously at, and so as to be clearly visible from, the rear of the vehicle, a square sign—
(i) each side of which is not less than 155 millimetres in length; and
(ii) displaying the letter “P” in red on a white background;
being a sign that has been issued or authorised by the Registrar; or
(b) if it is towing any other vehicle or trailer;
(c) if it has a power-to-weight ratio greater than 150 kilowatts per tonne.
(23) On receipt of an appropriate application the Registrar shall grant to a person whose provisional licence or endorsement has been suspended under this Act or any other law of the Territory an extension of the period of validity of that licence or endorsement for a period of time equal to the period of the suspension.