MOTOR VEHICLES ACT 1959 - SECT 98A
MOTOR VEHICLES ACT 1959 - SECT 98A
98A—Instructors' licences
(1) A person who is
not the holder of a current motor driving instructor's licence must not, for
fee, reward, salary, wages or other remuneration or for any other
consideration paid or payable by any person, teach any other person to drive a
motor vehicle.
Maximum penalty: $750.
(2) If the Registrar
is satisfied that an applicant for an instructor's licence—
(a)
holds an unconditional licence and has, during the period of 5 years
immediately preceding the application, held such a licence for 2 years or
periods totalling 2 years (excluding, if the applicant has been disqualified
from holding or obtaining a licence in this State, or from holding or
obtaining an interstate licence in another State or Territory of the
Commonwealth, any period preceding the period of disqualification); and
(b) has,
during the period of 5 years immediately preceding the application, held a
driver's licence in this State or elsewhere for 4 years or periods totalling
4 years (excluding, if the applicant has been disqualified from holding
or obtaining such a licence in this State or elsewhere, any period preceding
the period of disqualification); and
(c) is a
fit and proper person to hold an instructor's licence; and
(d) is
proficient as a motor driving instructor,
the Registrar must issue to the applicant an instructor's licence in a form
determined by the Minister.
(2aa) An instructor's
licence may be issued subject to such conditions as the Registrar thinks fit.
(2a) An application
for an instructor's licence must be made in a manner and form determined by
the Minister and must be accompanied by the prescribed fee.
(3) Every instructor's
licence will, subject to this Act, remain in force for a period, not exceeding
five years, specified on the licence, but nothing in this subsection precludes
the issue, subject to this Act, of a further instructor's licence to the
holder to take effect upon the expiration of an earlier instructor's licence.
(4) On surrender of an
instructor's licence, the person surrendering the licence is, subject to the
regulations, entitled to a refund of a proportion of the licence fee
determined in accordance with the regulations.
(5) In order to test
the proficiency of any applicant for an instructor's licence (whether or not
the applicant is or has been the holder of such a licence) the Registrar may
require the applicant to undergo such tests as the Registrar may think
necessary, whether written, oral or practical, and those tests must, without
limiting the generality of the foregoing, include examination in traffic laws,
driving practices, vehicle manipulation and teaching technique.
(6) Where the driver's
licence of any holder of an instructor's licence is cancelled or suspended or
any such holder otherwise ceases to hold a driver's licence, the instructor's
licence automatically ceases to have any effect, and where the driver's
licence of any such holder is suspended, the instructor's licence, unless
cancelled pursuant to the provisions of this Part, is automatically suspended
for the same period.
(7) The Registrar may
cancel any instructor's licence or suspend any instructor's licence for such
term as the Registrar thinks fit if satisfied that the holder has been guilty
of conduct making the holder unfit to hold such a licence.
(8) Where an
instructor's licence is suspended, it has no effect during the term of the
suspension.
(9) The provisions of
sections 96, 98AAC, 139BA and 141(1)(a) apply to and in respect of
holders of instructor's licences as if the words
"instructor's licence" were substituted for the word "licence" wherever it
occurs in those sections and that paragraph.
(10) This section does
not apply to—
(a) a
police officer acting in the execution of duty; or
(b) a
person who teaches another to drive a motor vehicle if both the teacher and
the learner are employed by the same employer and are acting in the ordinary
course of their employment.