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MOTOR VEHICLES ACT 1959 - SECT 75A

MOTOR VEHICLES ACT 1959 - SECT 75A

75A—Learner's permit

        (1)         In this section—

"prescribed concentration of alcohol" means any concentration of alcohol in the blood;

"prescribed learner's permit holder" means a person under the age of 25 years who holds a learner's permit authorising the holder to drive a motor bike;

"prescribed locality" means an area in the State defined as a prescribed locality for the purposes of this section—

            (a)         by the regulations; or

            (b)         by the Registrar by notice in the Gazette;

"service brake" means the brake normally used to decelerate a vehicle.

        (2)         Subject to this Act, the Registrar must issue a learner's permit to an applicant if—

            (a)         the applicant—

                  (i)         is at least 16 years of age; and

                  (ii)         is resident in the State; and

                  (iii)         has passed the theoretical examination prescribed for the purposes of section 79; and

                  (iv)         has complied with any requirements of the Registrar under section 77B; and

                  (v)         has—

                        (A)         in the case of an applicant for a learner's permit authorising the driving of a motor bike—completed the motor bike driver training prescribed by the regulations and complied with any other requirements prescribed by the regulations; or

                        (B)         in any other case—complied with any other requirements prescribed by the regulations in relation to the class of motor vehicle in respect of which the permit is sought; and

            (b)         the application—

                  (i)         is made in a manner and form determined by the Minister; and

                  (ii)         is accompanied by the prescribed fee.

        (2a)         Despite subsection (2), the Registrar must not issue a learner's permit authorising the driving of a motor bike to a person under 18 years of age unless—

            (a)         the person is at least 16 years of age and the person satisfies the Registrar that the person resides in a prescribed locality; or

            (b)         the person is at least 17 years of age and is the holder of a provisional licence.

        (3)         A learner's permit issued to an applicant in respect of a class of motor vehicle remains in force until the expiration of the period specified in the permit or until a licence is issued to the applicant in respect of the same class of vehicle (whichever occurs first).

        (4)         Subject to this Act, the Registrar may renew a learner's permit if—

            (a)         the applicant has complied with any requirements of the Registrar under section 77B and any other requirements prescribed by regulation in relation to the class of motor vehicle in relation to which the permit applies; and

            (b)         the application—

                  (i)         is made in a manner and form determined by the Minister; and

                  (ii)         is accompanied by the prescribed fee.

        (5)         Subject to subsection (6), an application for renewal of a learner's permit must be made before the expiry of that permit.

        (6)         The Registrar may renew a learner's permit despite its expiry provided that application for renewal is made within 12 months of the expiry.

        (7)         Despite the renewal of a learner's permit after its expiry, the holder of the permit is not, for the purposes of this Act, to be taken to have been the holder of the permit during the period between the expiry of the permit and the date of its renewal.

        (8)         If an application for the issue or renewal of a learner's permit is not entirely in order or the prescribed fee has not been paid, the Registrar may refuse the application and return any fee paid in respect of the application.

        (9)         A learner's permit—

            (a)         will be in a form determined by the Minister; and

            (b)         authorises the holder of the permit to drive a motor vehicle of a class specified in the permit on roads

                  (i)         during the period for which the permit remains in force; and

                  (ii)         subject to learner's permit conditions; and

            (c)         while the learner's permit conditions are complied with, has effect as a licence.

        (10)         A learner's permit is subject to the following conditions:

            (a)         a condition that the holder of the permit must not drive a motor vehicle, or attempt to put a motor vehicle in motion, on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood;

            (b)         a condition that the holder of the permit must not drive a motor vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit that applies under the Road Traffic Act 1961 or this Act;

            (c)         a condition that the holder of the permit must not drive a motor vehicle (other than a motor bike) on a road unless the holder of the permit is accompanied by a person acting as a qualified supervising driver for the holder of the permit;

            (d)         any other condition—

                  (i)         limiting the kind of vehicle that may be driven pursuant to the permit; or

                  (ii)         limiting the hours during which or the locality within which a vehicle may be driven pursuant to the permit; or

                  (iii)         imposing any other restriction,

that the Registrar thinks necessary.

        (11)         A condition imposed on a learner's permit by the Registrar under subsection (10)(d) must be endorsed on the permit.

        (12)         The condition referred to in subsection (10)(c) does not apply while the holder of a learner's permit is driving a motor vehicle during the course of a practical driving test conducted under this Act.

        (13)         If an applicant is not willing to accept a learner's permit subject to learner's permit conditions, the Registrar must refuse to issue a permit to, or renew the permit of, the applicant.

        (14)         The holder of a learner's permit must not contravene a condition of the permit.

Maximum penalty: $1 250.

        (15)         The holder of a learner's permit must not—

            (a)         drive a motor bike on a road unless a plate bearing the letter "L" is affixed to the bike in accordance with the regulations; or

            (b)         drive any other motor vehicle on a road unless 2 plates bearing the letter "L" are affixed to the vehicle in accordance with the regulations.

Maximum penalty: $1 250.

        (16)         The holder of a learner's permit must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour.

Maximum penalty: $1 250.

        (17)         Subsections (14), (15) and (16) do not apply to the holder of a learner's permit while the holder is driving a class of motor vehicle that the holder is authorised to drive under a licence.

        (18)         Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (14) of contravening the condition referred to in subsection (10)(a) as if—

            (a)         a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (14); and

            (b)         a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section.

        (19)         Section 175 of the Road Traffic Act 1961 , applies in relation to—

            (a)         an offence against subsection (14) of contravening the condition referred in subsection (10)(b); or

            (b)         an offence against subsection (16),

as if a reference in that section to an offence against that Act was a reference to an offence against subsection (14) or (16).

        (20)         A prescribed learner's permit holder must not drive a motor bike on a road between the hours of midnight and 5.00 am.

Maximum penalty: $1 250.

        (21)         It is a defence to a charge of an offence against subsection (20) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed—

            (a)         in Schedule 2; or

            (b)         by the regulations; or

            (c)         by notice in the Gazette under subsection (22).

        (22)         The Registrar may, by notice in the Gazette, prescribe circumstances that will constitute a defence for the purposes of subsection (21)(c) and may, by further notice in the Gazette, vary or revoke such a notice.

        (23)         A notice prescribing circumstances that will constitute a defence for the purposes of subsection (21)(c) has effect for the period specified in the notice (which must be not longer than 6 months).

        (24)         The holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, carry any person on the motor bike (whether as a passenger on the motor bike or in a sidecar attached to the motor bike).

Maximum penalty: $1 250.

        (25)         The holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, tow any vehicle by use of the motor bike.

Maximum penalty: $1 250.