Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 21

Probationary driver licences

21. Probationary driver licences





(1) If a driver licence is granted to a person who has not previously held
one, that licence must, unless the regulations otherwise provide, be granted
on probation in accordance with the regulations, until the latest of-

   (a)  the date specified in the licence, or that date as extended in
        accordance with the regulations; or

   (b)  the date on which the person passes any appropriate tests that the
        Corporation requires him or her to pass to obtain a full driver
        licence; or

   (c)  the date on which the person complies with any prescribed procedures
        and requirements.

(1A) A person who holds a probationary driver licence must have the licence in
his or her possession at all times while driving or in charge of a motor
vehicle.

Penalty: 5 penalty units.

(2) If a driver licence which is granted to a person on probation expires, or
is cancelled by a court or the Corporation or by operation of this Act, before
the completion of the full cumulative probationary period applicable to the
holder of the licence and subsequently a new driver licence is granted to the
person, that new licence must, unless the regulations otherwise provide, be
granted on probation in accordance with the regulations, until the latest of-

   (a)  the date specified in the licence, or that date as extended in
        accordance with the regulations; or

   (b)  the date on which the person passes any appropriate tests that the
        Corporation requires him or her to pass to obtain a full driver
        licence; or

   (c)  the date on which the person complies with any prescribed procedures
        and requirements.

(3) Regulations for the purpose of this section may-

   (a)  provide for different classes of probationary driver licences
        depending on a person's age, experience or any other factor;

   (b)  provide for the period of probation in respect of each class of
        probationary driver licence;

   (c)  provide that a person who holds a probationary driver licence of one
        class must, after completing that period of probation, hold a
        probationary driver licence of another class before being granted a
        full driver licence;

   (d)  provide for the extension of a probationary period in the case of a
        person who commits a specified offence or who has his or her licence
        suspended;

   (e)  require a person who holds a probationary driver licence of one class
        to pass any appropriate tests that the Corporation requires, and to
        comply with any other procedures or requirements, before being granted
        a probationary driver licence of another class.

(4) Without limiting subsection (3), regulations for the purpose of this
section may provide that probationary driver licences granted to persons under
the age of 21 may have longer terms than the terms that usually apply to
probationary drivers licences granted to persons who are 21 years of age or
more.



* * * * *



(6) A reference in this Act or the regulations to the probationary period, or
the period of probation, of a licence must be taken to be a reference to the
period ending on the latest of-

   (a)  the date specified in the licence, or that date as extended in
        accordance with the regulations; or

   (b)  the date on which the person passes any appropriate tests that the
        Corporation requires him or her to pass to obtain a full driver
        licence; or

   (c)  the date on which the person complies with any prescribed procedures
        and requirements.

(7) The Corporation may, on the application of the holder of a probationary
driver licence issued before the commencement of section 6 of the Road Safety
(Amendment) Act 1994 on the order of the Magistrates' Court made on an
application under section 50(4), vary that licence to convert it into a full
driver licence.