New South Wales Consolidated Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 20

20 Driver licensing system

(1) The regulations are to provide for a system of licensing drivers of motor vehicles that are used on roads or road related areas that:

(a) provides a means of authorising the driving of motor vehicles on roads and road related areas, and

(b) enables the identification of persons as licensed drivers of motor vehicles.

(2) Without limiting the scope of regulations under subsection (1), the regulations may:

(a) provide for the issue or refusal to issue driver licences and renewal of driver licences or refusal of renewal, and for the imposition of conditions on driver licences, and for the replacement of and refusal to replace driver licences, and

(b) provide for 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 specified information by:

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

(ii) holders of driver licences, and

(e) provide for the recognition by the Authority of things done under a corresponding law of another jurisdiction, and

(f) fix fees for services provided by the Authority in connection with the licensing of drivers or the renewal or late renewal of driver licences and other matters related to services provided under this Act or the regulations, and

(g) provide for a refund, or partial refund, of fees fixed under this Act or the regulations (including refunds resulting from concessions for fees), and

(h) provide for concessions (either in part or in full) for fees fixed under this Act or the regulations for specified classes of people, and

(i) provide for the collection and recovery of fees fixed under this Act or the regulations, and

(j) provide for the approval by the Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of this Act and the regulations, and

(k) provide that this Act or the regulations, or specified provisions of this Act or the regulations, do not apply to a driver, or drivers of a kind, identified in the regulations, and

(l) allow the Authority to revoke, in the manner and in circumstances specified in the regulations, an exemption for a driver, or drivers of a kind, given under a regulation made for the purposes of paragraph (k), and

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

(m1) make provision for or with respect to extending the period for which a person is required to hold a provisional licence if the person:

(i) is convicted or found guilty of an offence under section 129 (Minor must not use false evidence of age) of the Liquor Act 2007 , or

(ii) is issued with a penalty notice under section 150 of the Liquor Act 2007 in respect of an alleged offence under section 129 of that Act, and

(n) allow the Authority to exempt a person or class of persons from the requirement to hold a driver licence or a driver licence of a particular class (whether or not subject to conditions imposed by the Authority), and

(o) provide for the maintenance of a driver licence register and matters relating to the demerit points register, and

(p) prescribe:

(i) the form in which the Authority is to issue evidence of the authority to drive a motor vehicle provided by a driver licence, and

(ii) the circumstances in which that evidence must be surrendered or returned to the Authority, and

(q) provide for the issue of certificates by the Authority for the purposes of section 26 (1), and

(r) regulate the payment and application of fees paid under this Act or the regulations, and

(s) enable the Authority to correct any mistake, error or omission in the driver licence register, and

(t) provide for competency based assessment schemes relating to driver licensing, and

(u) provide for the service of notices or other documents by the Authority and the date on which the service of any such notice or other document is to be taken to have been effected, and

(v) require persons who are:

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

(ii) holders of driver licences,

to submit to tests or retesting or medical or other examinations for the purpose of assessing fitness to hold or continue to hold a driver licence, or a varied driver licence, and

(w) provide for the waiver of fees, and

(x) provide for driver training schemes.

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

(4) The regulations may impose a fee in respect of services provided by the Authority in connection with the licensing of drivers or the renewal or late renewal of driver licences, and other matters related to services provided under this Act or the regulations, despite the fact that the fee may also comprise a tax.

(5) Any regulation made under subsection (2) (m1) has effect despite anything to the contrary in section 150 (5) of the Liquor Act 2007 .