ROAD SAFETY (DRIVERS) REGULATIONS 2009 (SR NO 95 OF 2009) - REG 18 Exceptions to exemption under regulation 17

ROAD SAFETY (DRIVERS) REGULATIONS 2009 (SR NO 95 OF 2009) - REG 18

r. 18

    (1)     A person who holds a driver licence or learner permit referred to in regulation 17 is not exempt, or ceases to be exempt, under that regulation if—

        (a)     the licence or permit was issued in another jurisdiction or New Zealand and the person has resided in Victoria for a continuous period of 3 months or more; or

        (b)     the licence or permit was issued in a country other than Australia or New Zealand, and—

              (i)         the person is the holder of a permanent visa under the Migration Act 1958 of the Commonwealth that was issued when the person was outside Australia and 6 months or more have elapsed since the person arrived in Australia; or

              (ii)         the person is the holder of a permanent visa under the Migration Act 1958 of the Commonwealth that was issued when the person was in Australia     and 6 months or more have elapsed since the visa was issued; or

        (c)     the person is disqualified from driving a motor vehicle in another jurisdiction or another country; or

        (d)     the person has had the licence or permit suspended; or

        (e)     the person has been notified under subregulation (3) that he or she is no longer exempt.

    (2)     Subregulation (1)(a) does not apply if the person also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence.

    (3)     If, in the Corporation's reasonable opinion—

        (a)     a person who is exempt under regulation 17 is not fit to drive a motor vehicle; or

        (b)     that person's ability to drive safely is impaired due to permanent or long-term injury or illness—

the Corporation must give the person written notice that the person is no longer exempt from the requirement to hold a driver licence or learner permit.

    (4)     The notice must state the following—

        (a)     the person is no longer exempt from the requirement to hold a driver licence or learner permit;

        (b)     the person must not drive a motor vehicle on a highway;

        (c)     the reasons the person is no longer exempt; and

        (d)     any action that may be taken by the person to regain the exemption and the date by which that action must be taken.