MOTOR VEHICLES ACT 1959 - SECT 81A
MOTOR VEHICLES ACT 1959 - SECT 81A
81A—Provisional licences
(1) In this
section—
"complying interstate provisional licence"—an interstate
provisional licence is a complying interstate provisional licence if it has
been in force for a period of at least 12 months;
"P1 qualifying period" means the period, or total period, for which a person
has held a P1 licence (excluding, if the person had been disqualified
from holding or obtaining a licence in this State or in another State or
Territory of the Commonwealth, any period preceding the period of
disqualification);
"P2 qualifying period" means the period, or total period, for which a person
has held a P2 licence (excluding, if the person had been disqualified
from holding or obtaining a licence in this State or in another State or
Territory of the Commonwealth, any period preceding the period of
disqualification);
"peer passenger" means a passenger in a motor vehicle who is aged not less
than 16 years and not more than 20 years;
"prescribed concentration of alcohol" means any concentration of alcohol in
the blood.
(2) Without derogating
from any other provision of this Act, if an applicant for the issue of a
licence—
(a) has
not held a non-provisional licence or interstate non-provisional licence at
some time during the period of 5 years immediately preceding the
application; or
(b)
holds an interstate provisional licence; or
(c)
holds an interstate non-provisional licence or a foreign licence but is under
the age of 20 years; or
(i)
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 holder of a P1 licence or
interstate provisional licence; and
(ii)
has not held a P2 licence or a
complying interstate provisional licence since the end of the period of
disqualification,
a licence issued to the applicant is a provisional licence and will be taken
to be a P1 licence until the applicant has completed a P1 qualifying
period of 12 months (and thereafter will be taken to be a
P2 licence).
(3) Without derogating
from any other provision of this Act, if an applicant for the issue of 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)—
(a)
while the holder of a P2 licence or a complying interstate
provisional licence; or
(b)
after the expiry of such a licence but before obtaining a
non-provisional licence or an interstate non-provisional licence,
and has not held a non-provisional licence or an interstate non-provisional
licence since the end of the period of disqualification, a licence issued to
the applicant is a provisional licence and will be taken to be a
P2 licence.
(4) The provisional
licence conditions are as follows:
(a) a
condition that the holder of the licence 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 licence 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.
(5) Subject to this
Act, the Registrar must not grant a non-provisional licence to an applicant
unless the applicant—
(a) will
be aged 20 years or over at the commencement of the term of the licence;
and
(b)
will, at the commencement of the term of the licence, have completed a
P2 qualifying period of at least 2 years; and
(c) is
not the holder of a provisional licence that is subject to alcohol
interlock scheme conditions.
(6) If a court
disqualifies a person from holding or obtaining a licence or learner's permit
the court may order—
(a) that
any provisional licence to be issued to the person at the end of the period of
disqualification will be taken to be a P1 licence for an extended period;
or
(b) that
the period referred to in subsection (5)(b) be extended in relation to
any such provisional licence.
(7) Despite any other
provision of this Act, if an applicant for the issue of a driver's
licence—
(a)
holds or has previously held a foreign licence; or
(b) is
of a class of applicants prescribed by regulation,
the Registrar may, if of the opinion that there is proper cause to do so, do
1 or more of the following:
(c)
issue a licence not subject to the conditions that would otherwise be imposed
under this section;
(d)
reduce the period for which the person will be taken to hold a P1 licence
under this section or the period referred to in subsection (5)(b).
(8) If an applicant is
not willing to accept a provisional licence, the Registrar must refuse to
issue a licence to the applicant.
(9) The holder of a
provisional licence must not contravene a condition of the licence.
Maximum penalty: $1 250.
(10) 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 (9) of contravening the condition referred to in
subsection (4)(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 (9); 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.
(11) The holder of a
provisional licence 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.
(12) Section 175
of the Road Traffic Act 1961 applies in relation to—
(a) an
offence against subsection (9) of contravening the condition referred to
in subsection (4)(b); or
(b) an
offence against subsection (11),
as if a reference in that section to an offence against that Act was a
reference to an offence against subsection (9) or (11).
(13) The holder of a
provisional licence must not, if the holder is under the age of 25 years,
drive a high powered vehicle.
Maximum penalty: $1 250.
(14) Subject to the
regulations, the Registrar may, on application by the holder of a provisional
licence and payment of the fee (if any) prescribed by regulation, grant the
holder an exemption from subsection (13) for such a term and subject to
such conditions as the Registrar thinks fit.
(15) The holder of a
P1 licence must not—
(a)
drive a motor bike on a road unless a plate bearing the letter "P" 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 "P" are affixed to the vehicle in accordance with the regulations.
Maximum penalty: $1 250.
(16) The holder of a
P1 licence who is under the age of 25 years must not drive a motor
vehicle on a road between the hours of midnight and 5.00 am unless the
driver is accompanied by a person acting as a qualified supervising driver for
the holder of a licence.
Maximum penalty: $1 250.
(17) It is a defence
to a charge of an offence against subsection (16) 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 (20).
(18) The holder of a
P1 licence who is under the age of 25 years must not drive a motor
vehicle on a road while 2 or more peer passengers are present in the
vehicle unless the driver is also accompanied by a person acting as a
qualified supervising driver for the holder of a licence.
Maximum penalty: $1 250.
(19) It is a defence
to a charge of an offence against subsection (18) 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 (20).
(20) The Registrar
may, by notice in the Gazette, prescribe circumstances that will constitute a
defence for the purposes of subsection (17)(c) or subsection (19)(c)
and may, by further notice in the Gazette, vary or revoke such a notice.
(21) A notice
prescribing circumstances that will constitute a defence for the purposes of
subsection (17)(c) or subsection (19)(c) has effect for the period
specified in the notice (which must be not longer than 6 months).
(22) For the purposes
of this section—
(a) in
determining the period for which a person has held a P1 licence or
P2 licence or whether a person has completed a P1 qualifying period
or a P2 qualifying period, any period during which the person's licence
has been suspended under this Act or another law of this State is not to be
taken into account; and
(b) in
determining the period for which a person has held a non-provisional licence
or non-provisional interstate licence, any period during which the person's
licence has been suspended under this Act or another law of this State is not
to be taken into account,
unless the suspension came into operation before the commencement of this
subsection.