Driving Instructors Regulation 2003

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Driving Instructors Regulation 2003.

2 Commencement

This Regulation commences on 1 September 2003.

Note—

This Regulation replaces the Driving Instructors Regulation 1993 which is repealed on 1 September 2003 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

In this Regulation:

Authority has the same meaning as in the Act.

driving instruction means instruction given to a person for the purpose of teaching the person to drive a motor vehicle.

driving instructor’s licence means a licence under the Act.

the Act means the Driving Instructors Act 1992.

4 Notes

Notes in the text of this Regulation do not form part of this Regulation.

Part 2 Meaning of “driving instructor”

5 Certain persons not driving instructors for purpose of Act

(1)  A person who provides driving instruction which does not involve the use of a motor vehicle (such as in a classroom, by use of a simulator or by production of a book or manual) is not a driving instructor for the purposes of the Act when providing that instruction.

(2)  A person who provides driving instruction to the holder of a driver licence, being a driver licence of a class that authorises the holder to drive a motor vehicle of the kind in respect of which the holder is receiving instruction, is not a driving instructor for the purposes of the Act when providing that instruction.

Part 3 Fees, licences, records and insurance

6 Fees

(1)  The fees payable for a licence, a renewal of a licence, a duplicate licence or a certificate under section 46 of the Act are as set out in Schedule 1.

(2)  A certificate under section 46 of the Act may be issued without the imposition of a fee.

7 Display of driving instructor’s licence

(1)  A person who holds a driving instructor’s licence must not act as a driving instructor in a motor vehicle (other than a motor vehicle referred to in subclause (2)) unless his or her driving instructor’s licence is firmly fixed in a conspicuous position on the exterior or interior of the motor vehicle so that all matter on the face of the licence can be conveniently seen and read by any person.

(2)  A person who holds a driving instructor’s licence must not act as a driving instructor in:

(a)  a motor vehicle provided by a person undergoing driving instruction, or

(b)  a motor cycle,

unless, before commencing instruction on each occasion on which instruction is given, the person produces his or her driving instructor’s licence to the person who is to receive the instruction and allows that person time to examine the driving instructor’s licence.

Maximum penalty: 20 penalty units.

8 Improper use or care of driving instructor’s licence

(1)  A person who holds a driving instructor’s licence must not act as a driving instructor in a motor vehicle, or drive, or cause or permit to be stood or driven, a motor vehicle used for the giving of driving instruction, on which is fixed a driving instructor’s licence which:

(a)  has been altered, mutilated or defaced in any manner, or

(b)  was not issued to the person, or

(c)  contains any particulars which the person knows to be false or misleading in a material respect.

(2)  A person must not, in purported compliance with clause 7 (2), produce a driving instructor’s licence of a kind referred to in subclause (1).

(3)  A person must not, without reasonable excuse, alter, mutilate or deface a driving instructor’s licence.

(4)  A person must not lend or otherwise part with possession of his or her driving instructor’s licence.

Maximum penalty: 20 penalty units.

9 Records to be kept by driving schools

(1)  For the purposes of section 47 (1) of the Act, the proprietor of a driving school must keep or cause to be kept in a form approved by the Authority a record of the following:

(a)  the name of the school,

(b)  the name of each person who is an owner of the school (that is, a person who has any share in the capital of the business of the school, or any entitlement to receive any income derived from the school, whether the entitlement arises at law or in equity or otherwise, and may include a proprietor, or a person having principal control, management and administration, of the school),

(c)  the name of the person having principal control, management and administration of the school,

(d)  the name of any other person who engages in the control, management or administration of the school,

(e)  the name, driver licence number and driving instructor’s licence number of each driving instructor working for the school,

(f)  the name, address and telephone number of each student who receives driving instruction from the school,

(g)  the registration number of each motor vehicle used by the school to provide driving instruction,

(h)  details (including the name of the insurer, the name of the insured, the number of the policy and the date on which the policy expires) of the comprehensive motor vehicle insurance policy in force in respect of each motor vehicle used by the school to provide driving instruction.

(2)  The proprietor of a driving school must retain such a record for at least 5 years after the record is made.

Maximum penalty: 20 penalty units.

10 Records to be kept by driving instructors

(1)  For the purposes of section 48 of the Act, the holder of a driving instructor’s licence must keep in a form approved by the Authority a record of the following:

(a)  the name, driver licence number and driving instructor’s licence number of the driving instructor,

(b)  the name of each driving school for which the driving instructor works,

(c)  the name, address and telephone number of each student who receives driving instruction from the driving instructor,

(d)  the learner’s licence number of each such student,

(e)  the dates and times of theory and practical instruction for each such student,

(f)  the registration number of each motor vehicle used for practical instruction by the driving instructor,

(g)  the dates, locations and number of driving tests presented for by each student of the driving instructor,

(h)  if the driving instructor’s motor vehicle is hired solely for a driving test, the name, address and learner’s licence number of the person presenting for the test.

(2)  The holder of a driving instructor’s licence must retain such a record for at least 5 years after the record is made.

Maximum penalty: 20 penalty units.

11 Compulsory comprehensive motor vehicle insurance

(1)  A comprehensive motor vehicle insurance policy required by section 54C (1) of the Act:

(a)  must provide cover of at least $5,000,000 against any liability for damage to property caused by or arising out of the use of any motor vehicle to which the policy relates, and

(b)  must indemnify each person for the time being receiving driving instruction by means of or in connection with any such motor vehicle in relation to any damage (including any excess payable on a claim) arising out of the use of the motor vehicle, and

(c)  must be maintained with a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.

(2)  The Authority may exempt a person from compliance with section 54C (1) of the Act.

Part 4 Miscellaneous

12 Duplicate driving controls

(1)  The holder of a driving instructor’s licence must not use a motor vehicle to give driving instruction unless the motor vehicle is equipped with duplicate driving controls of a type approved by the Authority.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply:

(a)  in the case of a motor cycle, or

(b)  in any case in which a motor vehicle is provided by a person undergoing driving instruction, or

(c)  in any case in which the use of a particular motor vehicle has been approved by the Authority in writing, or

(d)  to any motor vehicle exceeding 4.5 tonnes manufacturer’s gross vehicle mass, or

(e)  to an implement within the meaning of the Road Transport (Vehicle Registration) Regulation 1998.

13 Saving

Any act, matter or thing that, immediately before the repeal of the Driving Instructors Regulation 1993, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Fees

(Clause 6)

Document	$
Licence subject to a condition that the holder complete a further course of training within a specified time	45
Any other licence	149
Renewal of licence	149
Duplicate licence	22
Certificate under section 46 of the Act	19

sch 1: Subst 1.7.2004; 2005 (305), Sch 1; 2006 (313), Sch 1; 2007 (281), Sch 1; 2008 (228), cl 3; 2009 (265), cl 3.