(cf 26 (10)–(12) 1999 Reg)
(cf cl 28 and 57 (2) 1999 Reg) (1) A condition to which a driver licence is subject may be shown on the driver licence by means of a code or symbol.
(cf cl 12 (1) and (2A) 1999 Reg) (1) The holder of a learner licence must not drive a motor vehicle (other than a motor bike or motor trike) on a road or road related area unless:
(a) the seat next to the learner is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorising the holder to drive such a vehicle, or by a police officer or a person authorised by the Authority to test drivers who is submitting the learner to a driving test for the purposes of this Regulation, and (b) a sign, issued or authorised by the Authority and displaying the letter “L” in black on a yellow background, is displayed:
(i) on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and (ii) in such a manner as to be clearly visible and not to in any way obscure the letter “L” on the sign when viewed from ahead of or behind the vehicle. Maximum penalty: 20 penalty units. (2) The offence under subclause (1) (a) is the offence of being the holder of a learner licence driving unaccompanied by a supervising driver for the purposes of section 224 (1) (d) of the Act.
(1) A driver licence that is issued to an applicant must be a provisional P2 licence of class R, class C, class LR, class MR or class HR if:
(a) the applicant has held a licence (or combination of licences) as referred to in subclause (2), and (b) the applicant is not eligible to apply for an unrestricted motor car or motor cycle licence of the class concerned under clause 37A. Note— Clause 37A provides for the circumstances in which a person is eligible to apply for an unrestricted car licence or unrestricted motor cycle licence.
(cf cl 15A (4), (4A) and (5) 1999 Reg)
(1) The Authority may extend a person’s provisional licence period for a period of 6 months if:
(a) the person is convicted or found guilty of a false ID offence, or (b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person under section 150 of the in respect of a false ID offence, or Liquor Act 2007 (c) the person has not paid the penalty specified in a penalty notice issued to the person under section 150 of the in respect of a false ID offence and has not elected to have the matter dealt with by a court, and the time to have the matter so dealt with has lapsed. Liquor Act 2007 (2) The period of 6 months for which a person’s provisional licence period may be extended does not include any period during which the person’s provisional licence is suspended otherwise than on medical grounds. (3) The Authority may extend a person’s provisional licence period even though the person was not, at the time the false ID offence was alleged to have been committed, the holder of a driver licence.
(cf cl 15B 1999 Reg) (1) In addition to any other conditions that may be attached to a provisional licence, such a licence (other than a motorcycle licence) is subject to the condition that the holder must not drive a high performance vehicle. (2) For the purposes of this clause, a high performance vehicle is a vehicle:
(a) that has a power to mass ratio greater than 130 kilowatts per tonne, or (b) that has had any modification made to the vehicle’s engine listed for the time being in any order in force under clause 76AB of the that increases the power to mass ratio of the vehicle, or Road Transport (Vehicle Registration) Regulation 2007 (c) that is listed for the time being in the Authority’s publication as a high performance vehicle for the purposes of this clause. Novice Driver—High performance vehicle restrictions
(cf cl 15CA 1999 Reg)
(1) A person is eligible to apply for an unrestricted licence that is a car licence or a motorcycle licence if the person is 20 years of age or over.
(cf cl 6 1999 Reg) (1), (1A)
(cf cl 9, 38 (3) 1999 Reg) (1) A person whose Australian driver licence has been suspended is not eligible to apply for a driver licence for the duration of the suspension.
(cf cl 37 1999 Reg) (1) The holder of a driver licence may apply, personally or by an agent who produces written evidence of his or her appointment as agent, to the Authority to surrender the licence. (2) The holder of a driver licence who applies for surrender of the licence must:
(a) return the licence to the Authority, or (b) if the licence has been lost or destroyed, give the Authority a statement signed by the licence holder or agent that the licence has been lost or destroyed.
(cf cl 38 1999 Reg)
(cf cl 39 1999 Reg) (1) If the Authority decides to vary, suspend or cancel a person’s driver licence, the Authority must give the person notice in writing of:
(a) the reasons for the proposed variation, suspension or cancellation, and (b) any action that must be taken by the licence holder in order to avoid or reverse the variation, suspension or cancellation, and (c) the date after service of the notice on which the variation, suspension or cancellation takes effect. (2) The notice must also state:
(a) in the case of a notice to vary a person’s driver licence, that if the licence is varied as set out in the notice, the person will no longer be authorised to drive a motor vehicle of a kind specified in the notice on a road or road related area, or (b) in the case of a notice to suspend a person’s driver licence, that if the licence is suspended, the person will not be authorised to drive a motor vehicle on a road or road related area for the period of suspension specified in the notice, or (c) in the case of a notice to cancel a person’s driver licence, that if the licence is cancelled, the person will no longer be authorised to drive a motor vehicle on a road or road related area.
(cf cl 39A 1999 Reg) (1) An authorised officer may give a person notice in writing that the person’s driver licence is suspended or cancelled if the records of the Authority indicate that the person’s driver licence is suspended or cancelled.
(cf cl 36 1999 Reg) (1) For the purposes of section 32 (1) (a) of the Act, the national schedule of demerit points comprises the offences set out in Columns 1 and 2 of Schedule 1, and the points specified in relation to each offence set out in Column 3 of Schedule 1.
(cf cl 19A (5) and 19B 1999 Reg)
(cf cl 53C 1999 Reg)
(cf cl 53F 1999 Reg) (1) The Authority may serve a show cause notice on the holder of an approval if the Authority is of the opinion that there is reasonable cause to believe that there are grounds for revoking the approval under section 46 (4) of the Act. (2) A show cause notice is a notice requiring the holder of the approval to show cause why the approval should not be revoked on the grounds specified in the notice.
(cf cl 55 1999 Reg) (1) A visiting driver who holds:
(a) a current Australian driver licence or learner licence (including a New Zealand driver licence or learner licence) issued in another jurisdiction, or (b) a current foreign driver licence and international driving permit, or (c) a current foreign driver licence that is written in English or is accompanied by an English translation, that authorises him or her to drive a motor vehicle of a particular kind may drive a motor vehicle of that kind in this State, and is exempt from NSW driver licence holding requirements. (2) A visiting driver who holds:
(a) a current foreign driver licence and international driving permit, or (b) a current foreign driver licence that is written in English or is accompanied by an English translation, that authorises its holder to drive a motor vehicle may, in this State, drive a motor vehicle with a GVM that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver), and is exempt from NSW driver licence holding requirements. (3) Subclause (2) applies to any driver licence, regardless of the kind of motor vehicle it authorises its holder to drive, except for a driver licence that authorises its holder to drive only a motor bike, motor trike or motor vehicle referred to in clause 102 (1) (c) or (d). (4) A visiting driver ceases to be exempt under this clause from NSW driver licence holding requirements if any of the following happen:
(a) in the case of a visiting driver who is the holder of an Australian driver licence or learner licence or New Zealand driver licence or learner licence—the driver has resided in this State for a continuous period of more than 3 months, unless the driver also holds a valid Driver Identification Document issued by the Department of Defence of the Commonwealth, (b) in the case of a visiting driver who is an international visitor—the driver has held a permanent visa under the of the Commonwealth for more than 3 months, Migration Act 1958 (c) the visiting driver is suspended or disqualified from driving a motor vehicle on a road or road related area in any part of Australia or another country, (d) the visiting driver would, if the driver applied for a driver licence, be refused because of a failure to meet the conditions of reinstatement of a driver licence after cancellation, (e) the visiting driver is charged with an offence specified under another law of this State relating to visiting drivers, (f) if, in the reasonable opinion of the Authority, the visiting driver is not a fit and proper person to drive a motor vehicle in this State, (g) if, in the reasonable opinion of the Authority, the visiting driver’s ability to drive safely is impaired due to a permanent or long term injury or illness, (h) the visiting driver is a fine defaulter (within the meaning of the ) and the Authority suspends the visitor driver privileges of the fine defaulter in accordance with that Act. Fines Act 1996
(cf cl 24 1999 Reg)
(cf cl 60 1999 Reg) (1A) A photograph to which Part 3.5 of the Act applies, or any photographic image or other matter contained in any database of such photographs, may be released by the Authority to the inter-agency team known as the Identity Security Strike Team (Sydney), being a team hosted by the Australian Federal Police and charged with investigating serious identity-related crime.
(1) The Authority may enter into an agreement with an approved third party (a driver licence information disclosure agreement ) that provides for the release to the third party of licence and demerit points information with respect to a person.(2) A driver licence information disclosure agreement must include provisions that require the approved third party to obtain the consent of the person to whom the licence and demerit points information relates before the information is released to the third party by the Authority.
(1) The Authority may enter into an arrangement (by agreement, understanding or otherwise) for facilitating participation by the Authority in the DVS.
(cf cl 56 1999 Reg)