(cf 2008 Reg cl 12) (1) A person is eligible to apply for a learner licence if the person meets the relevant eligibility requirements set out in this clause, or is exempted from being required to do so—
(a) in any case (including a learner licence that is a motorcycle licence)—by Transport for NSW under Part 5, or (b) in the case of a learner licence that is a motorcycle licence—under subclause (4A). (2) The relevant eligibility requirement for a learner licence that is a car licence is that the person is at least 16 years of age.
(cf 2008 Reg cl 17)
(cf 2008 Reg cl 27) (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 car or motorcycle licence of the class concerned under clause 48. Note— Clause 48 provides for the circumstances in which a person is eligible to apply for an unrestricted car licence or unrestricted motorcycle licence.
(cf 2008 Reg cl 31C) (1) Transport for NSW 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) Transport for NSW 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.
(1) Transport for NSW may extend, for a period of 6 months, the provisional licence period for a person who is or was the holder of a provisional P2 licence on each occasion that—
(a) Transport for NSW gives the holder a notice of licence suspension or a notice of licence ineligibility under Division 3 of Part 3.2 of the Act, or (b) Transport for NSW suspends the provisional P2 licence under section 59 of the Act, or (c) a police officer gives the person an immediate licence suspension notice under section 224(1)(a1) or (c) of the Act, or (d) Transport for NSW refuses, under clause 56(2)(c), an application for issue or variation of a driver licence.
(cf 2008 Reg cl 32) (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.
(cf 2008 Reg cl 35A)
(1) Transport for NSW may exempt the holder of a learner licence from the condition set out in clause 17(2) if Transport for NSW is satisfied that exceptional circumstances justify the exemption. (2) Transport for NSW may exempt the holder of a provisional licence from the following if Transport for NSW is satisfied that exceptional circumstances justify the exemption—
(a) the condition set out in clause 22(1)(b), (b) the condition set out in clause 29(1)(b), (c) the operation of a provision of Subdivision 4. (3) To grant an exemption under this clause, Transport for NSW must issue an instrument (an exemption letter ).(4) An exemption may be granted subject to conditions or unconditionally.
(cf 2008 Reg cl 41)
(cf 2008 Reg cl 44)
(cf 2008 Reg cl 49) (1) Transport for NSW may approve a scheme (to be known as competency based assessment ) under which a person’s competency may be assessed for the purposes of a determination in relation to an application for the issue or variation of a driver licence held or to be held by a person. The scheme applies to the extent approved by Transport for NSW.(2) Transport for NSW may require the person to have been assessed under the scheme as being competent to hold the licence as a prerequisite to the making of the determination, or may instead offer assessment under the scheme as an alternative to other means of testing (or provision of information) for the purposes of the determination. (2A) Without limiting subclause (1), Transport for NSW may, in approving a scheme under this clause, approve providers of, and assessors under, the scheme.
(cf 2008 Reg cl 55) (1) Transport for NSW may vary, suspend or cancel a person’s driver licence if it appears to Transport for NSW that—
(a) the person has failed or refused to submit to a test or medical examination required under or in accordance with the Act or this Regulation, or has failed such a test or examination, or (b) it would be dangerous for the person to drive a motor vehicle because of illness or incapacity, or because of the effects of treatment for such conditions, or (c) the person does not have sufficient driving ability or knowledge of road law, or (d) the person is not a fit and proper person to hold a driver licence, or (e) the person has not complied with the requirements of a law applying to licence applicants and relating to the assessment of drivers convicted of offences involving alcohol or drugs in force in the jurisdiction in which the person had last been disqualified from driving, or (f) the person is no longer eligible, in accordance with the Act or this Regulation, for a particular class or classes of licence, or (g) the licence was issued or renewed in error, or (h) the licence is incorrect in any respect, or (i) a non-cash payment submitted to Transport for NSW as payment of an applicable fee has been dishonoured, or (j) the person has been convicted in another jurisdiction or another country of any offence which, if the person had been licensed in that jurisdiction or country, would have enabled the driver licensing authority of that jurisdiction or country to vary, suspend or cancel the person’s licence, or (ja) the person’s visiting driver privileges in another jurisdiction have been suspended or withdrawn by the driver licensing authority in the jurisdiction, or (k) the person has failed to comply with a condition of the licence, or (l) the photograph contained in the licence is no longer a true likeness of the person, or (m) the licence has been issued or renewed, or a notice of suspension of the licence has been withdrawn, on the basis of information that has been provided in purported compliance with a request under section 61 of the Act and that is false or misleading in a material particular. (1A) If a person’s driver licence is varied or suspended under subclause (1)(ja), the period of the variation or suspension is the period for which the person’s visiting driver privileges in the other jurisdiction have been suspended. (2) Without limiting subclause (1), Transport for NSW—
(a) may suspend a person’s driver licence if it appears to Transport for NSW that, while driving a motor vehicle, the person has occasioned death or grievous bodily harm to some other person as a result of having become incapable of controlling the motor vehicle (for example, as a result of sleep or loss of consciousness), and (b) may do so regardless of whether the circumstances in which this has occurred have given rise to the person being prosecuted for an offence.
(cf 2008 Reg cl 58) (1) An authorised officer may give a person notice that the person’s driver licence is suspended or cancelled if the records of Transport for NSW indicate that the person’s driver licence is suspended or cancelled.
(cf 2008 Reg cl 72) (1) Without limiting clause 57, Transport for NSW may—
(a) approve an application for, and issue, an interlock driver licence to a person in respect of whom a mandatory interlock order has been made, or (b) approve an application for, and issue, an interlock driver licence to a person under section 213 of the Act, or (c) approve an application for a licence other than an interlock driver licence but issue an interlock driver licence.
(cf 2008 Reg cl 98)
(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 of the Commonwealth and has resided in this State for a continuous period of more than 3 months since the granting of the visa, Migration Act 1958 (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 ) and Transport for NSW suspends the visitor driver privileges of the fine defaulter in accordance with that Act, Fines Act 1996 (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 6 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.
(1) A temporary visiting driver is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements if the driver—
(a) resides in this State for a continuous period of 6 months after the driver is granted a temporary visa under the of the Commonwealth, or Migration Act 1958 (b) is convicted of—
(i) an alcohol or other drug related driving offence, or (ii) an offence referred to in the Act, section 224(1), or (c) is disqualified from driving a motor vehicle on a road or road related area in Australia or another country. (2) Despite clause 96(7)(a), a temporary visiting driver to whom clause 96(4)(n) applies is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements.
(1) An authorised officer may give a visiting driver notice that the driver is not exempt under clause 96 from NSW driver licence holding requirements if the records of Transport for NSW indicate the driver is not exempt.
(cf 2008 Reg cl 103)
(cf 2008 Reg cl 107) (1) For the purposes of section 57(1)(k) of the Act, a photograph to which Part 3.5 of the Act applies may be released by Transport for NSW—
(a) to the New South Wales Crime Commission for the purposes of the investigation or prosecution of a relevant criminal activity, or a relevant offence (within the meaning of the ), or Crime Commission Act 2012 (b) to the New South Wales Crime Commission for the purposes of the investigation of a terrorist act (within the meaning of the ) or a threat of such a terrorist act, or Terrorism (Police Powers) Act 2002 (c) to ASIO if—
(i) the Director-General of ASIO has requested that the photograph concerned be released for a purpose connected with the exercise of ASIO’s functions under the of the Commonwealth, and Australian Security Intelligence Organisation Act 1979 (ii) the photograph is released to an employee or other staff member of ASIO who is authorised in writing by the Director-General to receive the photograph, and (iii) the authorised employee or other staff member certifies in writing that the photograph sought is reasonably necessary for ASIO to exercise its functions under the of the Commonwealth, or Australian Security Intelligence Organisation Act 1979
(d) 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.
(cf 2008 Reg cl 109) (1) Transport for NSW may enter into an agreement for the disclosure of information about the number of demerit points recorded against a person on the demerit points register (a points disclosure agreement ) with the following—
(a) a CTP insurer, (b) SIRA.
(cf 2008 Reg cl 109A) (1) Transport for NSW may enter into an arrangement (by agreement, understanding or otherwise) for facilitating participation by Transport for NSW in the DVS.
(cf 2008 Reg cl 117) (1) The holder of a driver licence must notify Transport for NSW, not more than 14 days after the change, about any change in the holder’s—
(a) name, or (b) residential address, or (c) address for the service of notices. Maximum penalty—20 penalty units.
(cf 2008 Reg cl 120A)
(Clause 71(1) and (3))
(Clause 71(2) and (3))
|
Heavy Vehicle National Law (NSW) |
Column 1 Column 2 Column 3 Column 4 |
Provision creating offence Description of offence Standard demerit points Long weekend demerit points |
Section 60(1) Use vehicle with defective brakes 3 3 |
Section 60(1) Use vehicle with defective steering 3 3 |
Section 60(1) Use vehicle with seatbelt missing/defective 3 3 |
Section 60(1) Use vehicle with defective seating 3 3 |
Section 60(1) Use vehicle not fitted/equipped with seatbelts/anchorages 3 3 |
Section 60(1) Use vehicle with dangerous protrusion 3 3
|
Local Government Act 1993 |
Column 1 Column 2 Column 3 Column 4 |
Provision creating offence Description of offence Standard demerit points Long weekend demerit points |
Section 650(1) Park in a free parking area otherwise than as permitted by a notice or sign designating a parking space in the area as a space for the sole use of persons with disabilities 1 1