4Certain persons not driving instructors for purpose of Act

4 Certain persons not driving instructors for purpose of Act

4 Certain persons not driving instructors for purpose of Act

(1) For the purposes of section 4 (3) of the Act, the following persons, when providing driving instruction in the following circumstances, are not driving instructors for the purposes of the Act—

(a) a person who provides driving instruction that does not involve the use of a motor vehicle (such as in a classroom or by using a simulator),

(b) a person who provides driving instruction in a motor vehicle to the holder of a driver licence, if the holder—

(i) is already authorised by the licence to drive the motor vehicle unsupervised on a road, and

(ii) is not receiving instruction for the purposes of removing a condition from that licence.

(2) For the purposes of section 4 (3) of the Act, an employee or contractor of Transport for NSW or Service NSW who assesses or tests a person for the purposes of enabling that person to obtain or vary a driver licence is not a driving instructor for the purposes of the Act.

cl 4: Am 2017 No 61, Sch 4.1 [1].