MOTOR VEHICLES ACT 1959 - SECT 79A
MOTOR VEHICLES ACT 1959 - SECT 79A
79A—Driving experience required for issue of licence
(1) Subject to this
section, the Registrar must not issue a licence authorising the driving of a
motor bike to an applicant who has not held such a licence during the period
of 5 years immediately preceding the date of the application
unless—
(a) in
the case of an applicant who has been disqualified from holding or obtaining a
licence or learner's permit in this State, or in another State or Territory of
the Commonwealth, as a consequence of an offence committed or allegedly
committed (whether in this State or elsewhere) while the applicant held a
learner's permit or interstate learner's permit (provided the applicant did
not also hold a licence or interstate licence in respect of another class of
motor vehicle) or after the expiry of such a permit but before obtaining any
licence or interstate licence, and the applicant has not held a licence or
interstate licence since the end of the period of disqualification—the
applicant has held a learner's permit authorising the holder to drive a motor
bike for periods totalling at least 12 months of which there must be a
continuous period of not less than 3 months since the end of the period
of disqualification; or
(b) in
any other case—the applicant has held a learner's permit authorising the
holder to drive a motor bike for a continuous period of at least
12 months.
(2) Subject to this
section, the Registrar must not issue a licence authorising the driving of a
motor vehicle (other than a motor bike) to an applicant who has not held a
licence during the period of 5 years immediately preceding the date of
the application unless—
(a) in
the case of an applicant under the age of 25—
(i)
if the applicant has been disqualified from holding or
obtaining a licence or learner's permit in this State, or in another State or
Territory of the Commonwealth, as a consequence of an offence committed or
allegedly committed (whether in this State or elsewhere) while the applicant
held a learner's permit or interstate learner's permit (provided the applicant
did not also hold a licence or interstate licence in respect of another class
of motor vehicle) or after the expiry of such a permit but before obtaining
any licence or interstate licence, and the applicant has not held a licence or
interstate licence since the end of the period of disqualification—the
applicant has held a learner's permit for periods totalling at least
12 months of which there must be a continuous period of not less than
3 months since the end of the period of disqualification; or
(ii)
in any other case—the applicant has held a
learner's permit for a continuous period of at least 12 months; or
(b) in
the case of an applicant aged 25 or over—
(i)
if the applicant has been disqualified from holding or
obtaining a licence or learner's permit in this State, or in another State or
Territory of the Commonwealth, as a consequence of an offence committed or
allegedly committed (whether in this State or elsewhere) while the applicant
held a learner's permit or interstate learner's permit (provided the applicant
did not also hold a licence or interstate licence in respect of another class
of motor vehicle) or after the expiry of such a permit but before obtaining
any licence or interstate licence, and the applicant has not held a licence or
interstate licence since the end of the period of disqualification—the
applicant has held a learner's permit for periods totalling at least
6 months of which there must be a continuous period of not less than
3 months since the end of the period of disqualification; or
(ii)
in any other case—the applicant has held a
learner's permit for a continuous period of at least 6 months.
(3) Subject to this
section, the Registrar must not issue a licence authorising the driving of a
motor vehicle to an applicant who has not held such a licence during the
period of 5 years immediately preceding the date of the application
unless—
(a) the
applicant has produced to the Registrar—
(i)
a logbook that—
(A) is in a form approved by the Registrar;
and
(B) has been completed in accordance with
the instructions contained in the logbook so as to verify that the applicant
has satisfied the prescribed requirements relating to the applicant's driving
experience; or
(ii)
other evidence to the satisfaction of the Registrar that
the applicant has satisfied the prescribed requirements relating to the
applicant's driving experience; and
(b)
evidence to the satisfaction of the Registrar that the applicant has
passed—
(i)
an approved hazard perception test conducted—
(A) by a police officer or an
approved tester; or
(B) by a method approved by the Registrar;
and
(ii)
a practical driving test conducted by an
authorised examiner; and
(c) in
the case of an applicant for a licence authorising the driving of a
motor bike—the applicant has completed the motor bike driver training
prescribed by the regulations.
(4) The Registrar may
issue a licence to an applicant who has not held a licence at some time during
the period of 5 years immediately preceding the date of the application
despite the applicant not satisfying the requirements of subsection (1),
(2) or (3) if the applicant satisfies the Registrar, by such evidence as
the Registrar may require, that—
(a) the
applicant has at some time during the period of 5 years immediately
preceding the date of the application held—
(i)
an interstate licence; or
(ii)
a foreign licence of a type approved by the Registrar by
notice in the Gazette; or
(b) the
applicant—
(i)
has at some time held a licence issued under this Act, an
interstate learner's permit, an interstate licence or a licence issued under
the law of some other place outside this State; and
(ii)
has obtained satisfactory driving experience.
(5) The Registrar may
dispense with the requirement that an applicant must have held a learner's
permit for the continuous period referred to in
subsection (1)(b), (2)(a)(ii) or (2)(b)(ii) if the Registrar is
satisfied that the applicant has held a learner's permit for periods that are
sufficient in aggregate.
(6) The Registrar may
dispense with the requirement imposed by subsection (3)(a) if the
application is for the issue of a licence of a class prescribed by regulation.
(7) If—
(a) an
applicant for a licence has been disqualified from holding or obtaining a
licence or learner's permit in this State, or in another State or Territory of
the Commonwealth, as a consequence of an offence committed or allegedly
committed (whether in this State or elsewhere)—
(i)
while the person held a learner's permit or interstate
learner's permit (provided the person did not also hold a licence or
interstate licence in respect of another class of motor vehicle); or
(ii)
after the expiry of such a permit but before obtaining
any licence or interstate licence; and
(b) the
applicant has held a licence or interstate licence at some time during the
period of 5 years immediately preceding the date of the application but
has not held a licence or interstate licence since the end of the period of
disqualification,
the Registrar must not issue a licence to the applicant unless—
(c) the
applicant has, since the end of the period of disqualification, held a
learner's permit for a continuous period of at least 3 months; and
(d) the
applicant has produced to the Registrar evidence to the satisfaction of
the Registrar that, since the end of the period of disqualification, the
applicant has passed—
(i)
an approved hazard perception test conducted—
(A) by a police officer or an
approved tester; or
(B) by a method approved by the Registrar;
and
(ii)
a practical driving test conducted by an authorised
examiner.
(8) In this
section—
"approved hazard perception test" means a test approved by the Registrar as a
hazard perception test for the purposes of this Act;
"approved tester" means—
(a) a
person appointed by the Registrar to conduct hazard perception tests; or
(b) a
person of a class approved by the Registrar to conduct hazard perception
tests.