New South Wales Consolidated Regulations

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ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2008 

- Made under the Road Transport (Driver Licensing) Act 1998
- As at 11 November 2009
- Reg 397 of 2008

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Object
   4.      Definitions

   PART 2 - DRIVER LICENCES GENERALLY

   5.      Licence classes and class codes
   6.      Hierarchy of licence classes
   7.      Vehicles authorised to be driven in licence classes
   8.      Authorisation to tow trailers and semi-trailers
   9.      Conditional licences and condition codes
   10.     Form of driver licence
   11.     Code on licences issued to temporary overseas visitors

   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
   13.     Conditions of learner licences
   14.     Cancellation or suspension of learner licence

              Subdivision 2 - Restrictions relating to learner licences

   15.     Learner licence holder must be supervised in vehicle and display “L” plates
   16.     Responsibility of person supervising holder of learner licence
   17.     Motor bikes and motor trikes
   18.     Restrictions on towing
   19.     Owner of vehicle must take steps to prevent breach of this Subdivision

           Division 2 - Provisional licences

              Subdivision 1 - First-stage provisional licences (provisional P1)

   20.     Issue of provisional P1 licence
   21.     Conditions to which provisional P1 licence of class C is subject
   22.     Conditions to which provisional P1 licence of class R is subject
   23.     Restrictions on towing
   24.     Cancellation or suspension of provisional P1 licence
   25.     Demerit points and speeding offences-eligibility for provisional P2 licence or unrestricted licence
   26.     Provisional P1 licence ceases to be in force on issue of provisional P2 licence

              Subdivision 2 - Second-stage provisional licences (provisional P2)

   27.     Issue of provisional P2 licence
   28.     Conditions to which provisional P2 licence of class C, LR, MR or HR is subject
   28A.    Conditions to which provisional P2 licence of class R is subject
   29.     Cancellation or suspension of provisional P2 licence
   30.     Demerit points and speeding offences-eligibility for unrestricted licence
   31.     Provisional licence ceases to be in force on issue of unrestricted licence

              Subdivision 2A - Extension of provisional licence period

   31A.    Definitions
   31B.    Operation of Subdivision
   31C.    Authority may extend provisional licence period

              Subdivision 3 - Restrictions on provisional P1 and P2 licences

   32.     High performance vehicle restrictions
   33.     12 month passenger restrictions after licence disqualification
   34.     Restrictions on passengers under 21
   35.     Exemptions from provisional P1 and P2 vehicle and passenger restrictions

           Division 3 - Heavy vehicle learner licences

   36.     Heavy vehicle learners

   PART 4 - ELIGIBILITY TO APPLY FOR ISSUE OR VARIATION OF DRIVER LICENCES

   37.     Application of Part to learner licences
   38.     Eligibility to apply for licences in classes R, C, LR, MR, HR, HC and MC
   39.     Authority may require riders to undertake training course
   40.     Eligibility to apply for additional licence class
   41.     Exemptions from eligibility criteria
   42.     Suspended or disqualified persons not eligible
   43.     Special eligibility criteria for temporary overseas visitors

   PART 5 - APPLICATIONS FOR ISSUE OR VARIATION OF DRIVER LICENCES

   44.     Procedure to obtain or vary driver licences
   45.     Requirement for surrender of current licence before issue or variation
   46.     When application for driver licence can be refused
   47.     Issue and variation of driver licence
   48.     Issue of driver licence receipt as interim measure
   49.     Competency based assessment

   PART 6 - TESTS AND MEDICAL EXAMINATIONS OF LICENSED DRIVERS

   50.     Tests and medical examinations of licensed drivers

   PART 7 - EXPIRY AND SURRENDER OF DRIVER LICENCES

   51.     Licence expiry date
   52.     Notice of renewal of driver licence
   53.     Renewal of driver licence
   54.     Application for surrender of driver licence

   PART 8 - VARIATION, SUSPENSION OR CANCELLATION OF DRIVER LICENCES

   55.     Variation, suspension or cancellation of driver licence by Authority
   56.     Prescribed speeding offences for suspension or cancellation of licences
   57.     Procedures for variation, suspension or cancellation of driver licence
   58.     Notice of suspension or cancellation of driver licence
   59.     Downgrading of driver licence
   60.     Demerit points and offences

   PART 9 - MOTORCYCLE LICENCE TRAINING AND TESTING SCHEME

   61.     Definitions
   62.     Authorisation of rider training operators
   63.     Accreditation of rider training instructors
   64.     Accreditation of testing officers
   65.     Objects of authorised rider training course
   66.     Application to undertake authorised rider training course
   67.     Mandatory training areas
   68.     Exemption from requirements of this Part
   69.     Exemption from compulsory training
   70.     Exemption from licensing and other provisions

   PART 10 - INTERLOCK DRIVER LICENCES AND DEVICES

           Division 1 - Definitions

   71.     Definitions

           Division 2 - Interlock driver licences

   72.     Authority may issue interlock driver licence
   73.     Additional application procedures
   74.     Additional interlock driver licence conditions
   75.     Converted interlock driver licences

           Division 3 - Approvals relating to interlock devices

   76.     Fit and proper persons
   77.     Eligibility for approval as approved interlock installer
   78.     Eligibility for approval as approved interlock service provider
   79.     Application for approval as interlock installer or service provider
   80.     Determination of applications for approval
   81.     Conditions of approvals
   82.     Duration of approvals
   83.     Subsequent approvals
   84.     Show cause notice
   85.     Notice of revocation of approval

           Division 4 - Offences

   86.     Failure to comply with condition of approval
   87.     Installation or removal of approved interlock devices without approval
   88.     Installation or removal of unlabelled approved interlock devices
   89.     Maintenance or inspection of interlock devices without approval
   90.     Maintenance or inspection of unlabelled approved interlock devices
   91.     Labelling approved interlock devices
   92.     Notification of removal of approved interlock devices
   93.     Tampering or otherwise interfering with labelled approved interlock device
   94.     Notification of suspected tampering or otherwise interfering with labelled approved interlock devices
   95.     False or misleading information

           Division 5 - Miscellaneous

   96.     Police may seize motor vehicle or device
   97.     Agreements relating to interlock devices

   PART 11 - EXEMPTIONS FROM REQUIREMENT TO HOLD DRIVER LICENCE

   98.     Authority may exempt certain classes of driver from requirement to hold licence
   99.     Interstate and international visitors
   100.    Golf and green keeping vehicles used on roads or road related areas
   101.    Drivers of light rail vehicles
   102.    Other exemptions from licensing

   PART 12 - MISCELLANEOUS

           Division 1 - Administration

   103.    Driver licence register
   104.    Release of information to Australian Electoral Commission
   105.    Release of certain information for publication by Authority
   106.    Release of information relating to alcohol interlock program
   107.    Release of driver licence photographs to Crime Commission and ASIO
   108.    Purposes for which photographs may be kept and used
   108A.   Keeping and use of photographs: use of facial recognition technology
   109.    Disclosure of demerit points information to CTP insurers
   109A.   Participation by Authority in Document Verification Service
   110.    Delegation of Authority’s powers

           Division 2 - Fees

   111.    Applicable fees
   112.    Waiver of fees
   113.    Fee exemption for eligible pensioners

           Division 3 - Other

   114.    Failure to comply with licence conditions
   115.    Failure to return driver licence to Authority
   116.    Notification offence
   117.    Change of name, address or medical condition
   118.    Verification of information in driver licence register and monitoring of compliance
   119.    Damaged or lost licences
   120.    Issue of replacement driver licence
   121.    Savings
   122.    Application of prescribed conditions imposed by amendment to Regulation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3

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