96Interstate and international visitors
(cf 2008 Reg cl 99)
(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 by
a driver licensing authority 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 its holder 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 in relation to driving
that particular kind of motor vehicle.
(2)
In addition to, and without limiting, subclause
(1), 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 light motor
vehicle may, in this State, drive a light 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 in relation to driving a light motor
vehicle.
Note—
Certain foreign driver licences limit the holder
to driving motor vehicles of a certain weight (eg 3.5 tonne GVM) in the
foreign jurisdiction. The holder of such a foreign driver licence may, in NSW,
drive any light motor vehicle under 4.5 tonne GVM.
(3)
Subclause (2) does not apply to a driver licence
that authorises its holder to drive only a motor bike, motor trike or motor
vehicle referred to in clause 99(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 visiting the
State from a foreign country (other than New Zealand)—the driver holds a
permanent visa under the Migration Act 1958 of the Commonwealth
and has resided in this State for a continuous period of more than 3 months
since the granting of the visa,
(c)
in the case of a visiting driver visiting the
State from a foreign country (other than New Zealand) who is an Australian
citizen—the driver has resided in this State for a continuous period of
more than 3 months,
(d)
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,
(e)
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,
(f)
the visiting driver is charged with an offence
specified under another law of this State relating to visiting
drivers,
(g)
if, in the reasonable opinion of Transport for
NSW, the visiting driver is not a fit and proper person to drive a motor
vehicle in this State,
(h)
if, in the reasonable opinion of Transport for
NSW, the visiting driver’s ability to drive safely is impaired due to a
permanent or long term injury or illness,
(i)
if, in the reasonable opinion of Transport for
NSW, Transport for NSW could, under clause 65 or 66, vary, suspend or cancel a
NSW driver licence held by the visiting driver, if the driver were to hold
such a licence,
(j)
the visiting driver is a fine defaulter (within
the meaning of the Fines Act
1996) and Transport for NSW suspends the visitor driver
privileges of the fine defaulter in accordance with that
Act,
(k)
the visiting driver applies for a NSW driver
licence and that application is refused under clause 56,
(l)
the visiting driver obtains a NSW driver
licence,
(m)
the visiting driver’s NSW driver licence is
suspended, varied or cancelled under clause 65 or 66 or surrendered under
clause 64,
(n)
if, in the reasonable opinion of Transport for
NSW, Transport for NSW could, under section 33 of the Act, suspend a NSW
driver licence held by the visiting driver, if the driver were to hold such a
licence, as the driver incurred 13 or more demerit points (whether or not the
person is a professional driver) within the period specified in that
section,
(na)
the visiting driver has made an election under
the Act, section 36(1) and incurs 2 or more demerit points during the 12
months’ good behaviour period,
(o)
if, in the reasonable opinion of Transport for
NSW, Transport for NSW could, under section 59 of the Act, suspend a NSW
driver licence held by the visiting driver, if the driver were to hold such a
licence, because of a speeding offence or an alcohol or other drug related
driving offence.
(5)
However, if Transport for NSW forms an opinion
that subclause (4)(g) or (h) applies to a visiting driver, the cessation of
the exemption does not take effect until the date nominated by Transport for
NSW for cessation of the exemption in the notice given to the visiting driver
under subclause (9).
(6)
If Transport for NSW forms an opinion that
subclause (4)(i) applies to a visiting driver, the cessation of the exemption
applies only for 3 months (or such lesser period as may be specified by
Transport for NSW in the notice given to the visiting driver under subclause
(9)).
(7)
If Transport for NSW forms an opinion that
subclause (4)(n) applies to a visiting driver—
(a)
the cessation of the exemption applies for the
same period of time the driver would be suspended under section 33 of the Act
if the driver held a NSW driver licence, and
(b)
the visiting driver is ineligible to apply for a
NSW driver licence for the same period of time in which the driver would be
ineligible under section 35 of the Act if the driver held a NSW driver
licence.
Note—
Section 36 of the Act does not apply to a
visiting driver who is ineligible to apply for a NSW driver licence under this
clause.
(7AA)
If subclause (4)(na) applies to a visiting
driver, the cessation of the exemption applies for the same period that is or
would be specified in a notice given under the Act, section
36(4).
(7A)
If Transport for NSW forms an opinion that
subclause (4)(o) applies to a visiting driver, the cessation of the exemption
applies for the same period of time the driver would be suspended under
section 59 of the Act if the driver held a NSW driver
licence.
(8)
Subclause (4)(f) ceases to have effect in
relation to a visiting driver if the charge is withdrawn or
dismissed.
(9)
If subclause (4)(g), (h), (i), (j), (n), (na) or
(o), (5) or (6) applies to a visiting driver, Transport for NSW must give the
visiting driver notice stating—
(a)
that the visiting driver is, on and from the date
nominated in the notice, for a period specified in the notice, no longer
exempt from the requirement to hold a driver licence in this State,
and
(b)
that the visiting driver must not drive a motor
vehicle on a road or road related area in this State, and
(c)
the reasons why the visiting driver is no longer
exempt, and
(d)
the period in which the driver is ineligible to
hold a NSW driver licence (if any), and
(e)
if the visiting driver can take action to regain
the exemption—
(i)
the action the visiting driver needs to take,
and
(ii)
the date by which the action must be
taken.
(10)
Subclause (4)(j) applies in relation to a
visiting driver only while the suspension of the driver’s visitor driver
privileges has effect.
(11)
A suspension of visitor driver privileges has
effect until it is removed by Transport for NSW in accordance with the Fines Act 1996.
(12)
If Transport for NSW removes a suspension of
visitor driver privileges in accordance with the Fines Act 1996, Transport for NSW must
give the visiting driver notice stating that the exemption from the
requirement to hold a driver licence in this State has been
restored.
(13)
If subclause (4)(l) applies to a visiting driver,
the driver is bound by the conditions to which the NSW driver licence is
subject (whether or not the driver holds a foreign driver
licence).
(14)
A visiting driver exempted under this clause
must, when driving a motor vehicle or a trailer on a road or road related
area—
(a)
carry the licence referred to in subclause (1) or
(2), and
(b)
if the visiting driver also holds a Driver
Identification Document referred to in subclause (4)(a), carry the Driver
Identification Document, and
(c)
if requested to do so by a police officer,
produce to the police officer the licence and, if subclause (b) applies, the
Driver Identification Document.
Maximum penalty—20 penalty
units.
(15)
cl 96: Am 2018 No 54,
Sch 2.2 [3]–[5]; 2018 (691), cl 3 (1)–(3); 2021 (407), Sch
1[4]–[6]; 2022 (294), sec 3(3)–(5).