ROAD SAFETY (DRIVERS) REGULATIONS 2019 - REG 103 Definitions for Part 7

ROAD SAFETY (DRIVERS) REGULATIONS 2019 - REG 103

In this Part—

Reg. 103 def. of assessment date amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 87(a)).

"assessment date", in relation to a probationary driver licence, means the date the Secretary gives the licence holder notice granting the holder a full driver licence under regulation 49(2);

Reg. 103 def. of eligible person amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 87(b)).

"eligible person" means a person who—

        (a)     holds a probationary driver licence that has been subject to a P1 probationary period and a P2 probationary period; and

        (b)     according to the Secretary's records as at the assessment date for the driver licence—

              (i)     has not had demerit points recorded against the person under  regulation 73 or  74; and

              (ii)     has not been convicted or found guilty; and

              (iii)     has not paid, or entered into an arrangement to pay, the penalty specified in an infringement notice issued to the person under—

    (A)     a payment plan within the meaning of the Infringements Act 2006 ;

or

    (B)     a payment arrangement within the meaning of the Fines Reform Act 2014 ;

and

              (iv)     has not had a conviction imposed by a court under section 89(4) of the Act; and

              (v)     has not been convicted under section 89A(2) of the Act; and

              (vi)     is not the subject of—

    (A)     a notice of final demand that is served on the person under section 23 of the Fines Reform Act 2014 and in relation to which no notice of an enforcement cancellation in relation to the infringement fine has been served on the enforcement agency under section 37(2) of that Act; or

    (B)     an enforcement order that is in force made against the person under Schedule 3 to the Children, Youth and Families Act 2005 —

in respect of a relevant offence committed or alleged to have been committed after the first grant of a P1 probationary driver licence but before the assessment date, including any period during which the person did not hold a driver licence; and

        (c)     according to the Secretary's records, will be less than 25 years of age at the expiry of the person's probationary period;

Note

For the probationary period see regulation 49(1).

"relevant offence" means an offence arising out of the driving of a motor vehicle that is—

        (a)     an indictable offence; or

        (b)     an offence referred to in column 1 of Schedule 3; or

        (c)     an offence under a provision of an Act, a Commonwealth Act or regulations referred to in Schedule 5; or

        (d)     an offence against the law of another jurisdiction that—

              (i)     corresponds to an offence referred to in paragraph (a), (b) or (c); or

              (ii)     is the same or substantially similar to an offence described in column 1 of Schedule 4.