Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument is: The document is the Driving Instructors Regulation 2026. The excerpt provided contains only administrative metadata: it is shown as “current from 21/08/2026”, all provisions are commenced, it is certified under the Interpretation Act 1987 (s45C), and it is scheduled for automatic repeal under the Subordinate Legislation Act 1989 on 1/09/2031.
Who it affects / why it matters: The title indicates the regulation governs driving instructors, but the uploaded text does not include any substantive operative rules, obligations, offences, fees, or procedures, so the practical legal effects are not present here. This is general legal information, not legal advice; I can make mistakes — get a qualified Australian lawyer to check before you act or rely on this.
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Direct links to the current provisions in Driving Instructors Regulation 2026.
Part 1 Preliminary
1 Name of regulation
This regulation is the Driving Instructors Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Driving Instructors Regulation 2016, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
driving instruction means instruction given to a person for the purposes of teaching the person to drive a motor vehicle.
exempt vehicle means the following—
(a) a motor vehicle provided by an instructee,
(b) a motor bike,
(c) a motor trike.
GVM has the same meaning as in the Road Transport Act 2013.
implement has the same meaning as in the Road Rules 2014, rule 294–1.
instructee means a person receiving driving instruction from a driving instructor.
motor bike has the same meaning as in the Road Rules 2014.
motor trike means a motor vehicle with 3 wheels, but does not include a 2-wheeled motor vehicle with an attached side car that is supported by a third wheel.
the Act means the Driving Instructors Act 1992.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Certain persons not driving instructors—the Act, s 4(3)
The following are not driving instructors—
(a) a person who gives driving instruction that does not involve the use of a motor vehicle,
Example—
driving instruction given in a classroom or using a simulator
(b) a person who gives driving instruction in a motor vehicle to the holder of a driver licence, if—
(i) the driver licence authorises the holder of the driver licence to drive the motor vehicle unsupervised, and
(ii) the holder is not receiving the instruction for the purpose of removing a condition from the driver licence,
(c) an employee or contractor of TfNSW or Service NSW who tests or assesses a person to enable the person to obtain or vary a driver licence.
Part 2 Licences
5 Production and display of licence—the Act, s 59(2)(b)
(1) A driving instructor must not give driving instruction unless—
(a) for instruction given using an exempt vehicle—
(i) the instructor’s licence has been produced, and
(ii) the instructee has been able to examine the licence, or
(b) otherwise—the instructor’s licence is displayed in a conspicuous position in the motor vehicle so the face of the licence can be conveniently seen and read by a person in the vehicle.
Maximum penalty—20 penalty units.
(2) A driving instructor must not produce or display a misleading licence.
Maximum penalty—20 penalty units.
(3) In this section—
misleading licence means a licence that—
(a) has been altered, mutilated or defaced, or
(b) was not issued to the driving instructor relying on the licence, or
(c) contains information the driving instructor knows to be false or misleading.
6 Improper use and care of licence—the Act, s 59(1)
(1) A person must not alter, mutilate or deface a licence.
Maximum penalty—20 penalty units.
(2) A driving instructor must not allow another person to use the instructor’s licence.
Maximum penalty—20 penalty units.
7 General conditions of licence—the Act, s 59(2)(j)
(1) A driving instructor must not give driving instruction for a class of motor vehicles unless the instructor holds a driver licence for the class of vehicles.
(2) The holder of a restricted licence must not act as a driving instructor for the holder of a learner licence.
(3) In this section—
learner licence has the same meaning as in the Road Transport Act 2013.
restricted licence has the same meaning as in the Road Transport Act 2013.
8 Types of licences and conditions—the Act, s 59(2)(j)
(1) The types of licences are as follows—
(a) type 1,
(b) type 2,
(c) type 2 endorsed,
(d) type 3,
(e) type 4,
(f) type 4 endorsed,
(g) type 5.
(2) A licence holder may act as a driving instructor only for the following motor vehicles—
(a) for a type 1 licence—
(i) a vehicle with a GVM of 4.5 tonnes or less, not including a motor bike, motor trike or vehicle seating more than 12 adults, including the driver, or
(ii) a tractor, or
(iii) an implement,
(b) for a type 2 licence—
(i) a vehicle with a GVM greater than 4.5 tonnes but not greater than 8 tonnes, or
(ii) a vehicle seating more than 12 adults, including the driver, and having a GVM not greater than 8 tonnes,
(c) for a type 2 endorsed licence—
(i) a vehicle for which the holder of a type 2 licence may act as a driving instructor, or
(ii) a vehicle with 2 axles and a GVM greater than 8 tonnes,
(d) for a type 3 licence—
(i) a vehicle for which the holder of a type 2 endorsed licence may act as a driving instructor, or
(ii) a vehicle with 3 or more axles and a GVM greater than 8 tonnes, not including an articulated vehicle other than an articulated bus,
(e) for a type 4 licence—
(i) a vehicle for which the holder of a type 3 licence may act as a driving instructor, or
(ii) a prime mover to which a single semi-trailer and an unladen converter dolly is attached, or
(iii) a rigid vehicle to which a trailer with a GVM greater than 9 tonnes and an unladen converter dolly is attached,
(f) for a type 4 endorsed licence—a vehicle other than a vehicle for which the holder of a type 1 licence or type 5 licence may act as a driving instructor,
(g) for a type 5 licence—
(i) a motor bike, or
(ii) a motor trike.
Part 3 Miscellaneous
9 Records to be kept by driving schools—the Act, s 47(1)
(1) The proprietor of a driving school must keep a record of the following—
(a) the name of the school,
(b) the name of each person who—
(i) has a share in the capital of the business of the school, or
(ii) is entitled to receive income derived from the school, however the entitlement arises,
(c) the name of the person having principal control, management and administration of the school,
(d) the name of each other person who has control, management or administration of the school,
(e) the name, licence number and driver 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 give driving instruction,
(h) details of the comprehensive motor vehicle insurance policy in force for each motor vehicle owned or operated by the school, including—
(i) the name of the insurer, and
(ii) the name of the insured, and
(iii) the number and expiry date of the policy.
(2) The records must be kept—
(a) for at least 5 years, and
(b) in a form approved by TfNSW.
Maximum penalty for subsection (2)—20 penalty units.
10 Records to be kept by driving instructors—the Act, s 48
(1) A driving instructor must keep a record that includes the following—
(a) the instructor’s—
(i) name, and
(ii) licence number, and
(iii) driver licence number,
(b) the name of each driving school for which the instructor works,
(c) the name, address, telephone number and driver licence number of each student given instruction by the instructor,
(d) the dates and times of theory and practical instruction for each student,
(e) the registration number of each motor vehicle used for practical instruction by the instructor,
(f) if the instructor’s motor vehicle is hired for a driving test—the name, address and driver licence number of the person using the vehicle for the test.
(2) The records must be made—
(a) for records under subsection (1)(c)–(e)—on the day the student receives instruction, or
(b) for records under subsection (1)(f)—on the day the vehicle is hired for the test.
Maximum penalty—20 penalty units.
(3) The records must be kept—
(a) for at least 5 years, and
(b) in a form approved by TfNSW.
Maximum penalty—20 penalty units.
11 Compulsory comprehensive motor vehicle insurance—the Act, ss 54C(3) and 59(2)(i)
(1) Each motor vehicle owned or operated by a driving school must be covered by comprehensive motor vehicle insurance that—
(a) provides cover of at least $5,000,000 against liability for damage to property from the use of the vehicle, and
(b) indemnifies the following persons for damage, including an excess payable on a claim, arising from the use of the vehicle—
(i) a person driving the vehicle while receiving driving instruction,
(ii) a person driving the vehicle while undertaking a driving test, and
(c) is maintained with a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
(2) TfNSW may exempt a person from compliance with the Act, section 54C(1).
12 Display of information about reporting instructor misconduct—the Act, s 59(2)(d)
The telephone number a person may use to make a report about misconduct by a driving instructor must be displayed, in the form approved by TfNSW—
(a) in a vehicle used for driving instruction, other than an exempt vehicle, in a way that makes the information clearly visible to an instructee in the vehicle, and
(b) on the website of the instructor or driving school.
Maximum penalty—20 penalty units.
13 Duplicate driving controls—the Act, s 59(2)(f)
(1) The holder of a 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 TfNSW.
Maximum penalty—20 penalty units.
(2) This section does not apply to the following motor vehicles—
(a) a motor bike,
(b) a motor trike,
(c) a vehicle that is provided by the instructee,
(d) a vehicle for which TfNSW has given a written exemption,
(e) a vehicle with a GVM greater than 4.5 tonnes,
(f) a tractor,
(g) an implement.
14 Fees—the Act, s 59(2)(a)
The fee payable for a matter under the Act is the fee specified in Schedule 1 for the matter.
15 Repeal and savings
(1) The Driving Instructors Regulation 2016 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Driving Instructors Regulation 2016, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Fees
section 14
| Provision of Act | Type of fee | Fee | | section 11(2) | Application fee for a licence | $231 | | section 30(2)(b) | Issue of a duplicate licence | $34 |
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of regulation
This regulation is the Driving Instructors Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Driving Instructors Regulation 2016, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
driving instruction means instruction given to a person for the purposes of teaching the person to drive a motor vehicle.
exempt vehicle means the following—
(a) a motor vehicle provided by an instructee,
(b) a motor bike,
(c) a motor trike.
GVM has the same meaning as in the Road Transport Act 2013.
implement has the same meaning as in the Road Rules 2014, rule 294–1.
instructee means a person receiving driving instruction from a driving instructor.
motor bike has the same meaning as in the Road Rules 2014.
motor trike means a motor vehicle with 3 wheels, but does not include a 2-wheeled motor vehicle with an attached side car that is supported by a third wheel.
the Act means the Driving Instructors Act 1992.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Certain persons not driving instructors—the Act, s 4(3)
The following are not driving instructors—
(a) a person who gives driving instruction that does not involve the use of a motor vehicle,
Example—
driving instruction given in a classroom or using a simulator
(b) a person who gives driving instruction in a motor vehicle to the holder of a driver licence, if—
(i) the driver licence authorises the holder of the driver licence to drive the motor vehicle unsupervised, and
(ii) the holder is not receiving the instruction for the purpose of removing a condition from the driver licence,
(c) an employee or contractor of TfNSW or Service NSW who tests or assesses a person to enable the person to obtain or vary a driver licence.
Part 2 Licences
5 Production and display of licence—the Act, s 59(2)(b)
(1) A driving instructor must not give driving instruction unless—
(a) for instruction given using an exempt vehicle—
(i) the instructor’s licence has been produced, and
(ii) the instructee has been able to examine the licence, or
(b) otherwise—the instructor’s licence is displayed in a conspicuous position in the motor vehicle so the face of the licence can be conveniently seen and read by a person in the vehicle.
Maximum penalty—20 penalty units.
(2) A driving instructor must not produce or display a misleading licence.
Maximum penalty—20 penalty units.
(3) In this section—
misleading licence means a licence that—
(a) has been altered, mutilated or defaced, or
(b) was not issued to the driving instructor relying on the licence, or
(c) contains information the driving instructor knows to be false or misleading.
6 Improper use and care of licence—the Act, s 59(1)
(1) A person must not alter, mutilate or deface a licence.
Maximum penalty—20 penalty units.
(2) A driving instructor must not allow another person to use the instructor’s licence.
Maximum penalty—20 penalty units.
7 General conditions of licence—the Act, s 59(2)(j)
(1) A driving instructor must not give driving instruction for a class of motor vehicles unless the instructor holds a driver licence for the class of vehicles.
(2) The holder of a restricted licence must not act as a driving instructor for the holder of a learner licence.
(3) In this section—
learner licence has the same meaning as in the Road Transport Act 2013.
restricted licence has the same meaning as in the Road Transport Act 2013.
8 Types of licences and conditions—the Act, s 59(2)(j)
(1) The types of licences are as follows—
(a) type 1,
(b) type 2,
(c) type 2 endorsed,
(d) type 3,
(e) type 4,
(f) type 4 endorsed,
(g) type 5.
(2) A licence holder may act as a driving instructor only for the following motor vehicles—
(a) for a type 1 licence—
(i) a vehicle with a GVM of 4.5 tonnes or less, not including a motor bike, motor trike or vehicle seating more than 12 adults, including the driver, or
(ii) a tractor, or
(iii) an implement,
(b) for a type 2 licence—
(i) a vehicle with a GVM greater than 4.5 tonnes but not greater than 8 tonnes, or
(ii) a vehicle seating more than 12 adults, including the driver, and having a GVM not greater than 8 tonnes,
(c) for a type 2 endorsed licence—
(i) a vehicle for which the holder of a type 2 licence may act as a driving instructor, or
(ii) a vehicle with 2 axles and a GVM greater than 8 tonnes,
(d) for a type 3 licence—
(i) a vehicle for which the holder of a type 2 endorsed licence may act as a driving instructor, or
(ii) a vehicle with 3 or more axles and a GVM greater than 8 tonnes, not including an articulated vehicle other than an articulated bus,
(e) for a type 4 licence—
(i) a vehicle for which the holder of a type 3 licence may act as a driving instructor, or
(ii) a prime mover to which a single semi-trailer and an unladen converter dolly is attached, or
(iii) a rigid vehicle to which a trailer with a GVM greater than 9 tonnes and an unladen converter dolly is attached,
(f) for a type 4 endorsed licence—a vehicle other than a vehicle for which the holder of a type 1 licence or type 5 licence may act as a driving instructor,
(g) for a type 5 licence—
(i) a motor bike, or
(ii) a motor trike.
Part 3 Miscellaneous
9 Records to be kept by driving schools—the Act, s 47(1)
(1) The proprietor of a driving school must keep a record of the following—
(a) the name of the school,
(b) the name of each person who—
(i) has a share in the capital of the business of the school, or
(ii) is entitled to receive income derived from the school, however the entitlement arises,
(c) the name of the person having principal control, management and administration of the school,
(d) the name of each other person who has control, management or administration of the school,
(e) the name, licence number and driver 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 give driving instruction,
(h) details of the comprehensive motor vehicle insurance policy in force for each motor vehicle owned or operated by the school, including—
(i) the name of the insurer, and
(ii) the name of the insured, and
(iii) the number and expiry date of the policy.
(2) The records must be kept—
(a) for at least 5 years, and
(b) in a form approved by TfNSW.
Maximum penalty for subsection (2)—20 penalty units.
10 Records to be kept by driving instructors—the Act, s 48
(1) A driving instructor must keep a record that includes the following—
(a) the instructor’s—
(i) name, and
(ii) licence number, and
(iii) driver licence number,
(b) the name of each driving school for which the instructor works,
(c) the name, address, telephone number and driver licence number of each student given instruction by the instructor,
(d) the dates and times of theory and practical instruction for each student,
(e) the registration number of each motor vehicle used for practical instruction by the instructor,
(f) if the instructor’s motor vehicle is hired for a driving test—the name, address and driver licence number of the person using the vehicle for the test.
(2) The records must be made—
(a) for records under subsection (1)(c)–(e)—on the day the student receives instruction, or
(b) for records under subsection (1)(f)—on the day the vehicle is hired for the test.
Maximum penalty—20 penalty units.
(3) The records must be kept—
(a) for at least 5 years, and
(b) in a form approved by TfNSW.
Maximum penalty—20 penalty units.
11 Compulsory comprehensive motor vehicle insurance—the Act, ss 54C(3) and 59(2)(i)
(1) Each motor vehicle owned or operated by a driving school must be covered by comprehensive motor vehicle insurance that—
(a) provides cover of at least $5,000,000 against liability for damage to property from the use of the vehicle, and
(b) indemnifies the following persons for damage, including an excess payable on a claim, arising from the use of the vehicle—
(i) a person driving the vehicle while receiving driving instruction,
(ii) a person driving the vehicle while undertaking a driving test, and
(c) is maintained with a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
(2) TfNSW may exempt a person from compliance with the Act, section 54C(1).
12 Display of information about reporting instructor misconduct—the Act, s 59(2)(d)
The telephone number a person may use to make a report about misconduct by a driving instructor must be displayed, in the form approved by TfNSW—
(a) in a vehicle used for driving instruction, other than an exempt vehicle, in a way that makes the information clearly visible to an instructee in the vehicle, and
(b) on the website of the instructor or driving school.
Maximum penalty—20 penalty units.
13 Duplicate driving controls—the Act, s 59(2)(f)
(1) The holder of a 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 TfNSW.
Maximum penalty—20 penalty units.
(2) This section does not apply to the following motor vehicles—
(a) a motor bike,
(b) a motor trike,
(c) a vehicle that is provided by the instructee,
(d) a vehicle for which TfNSW has given a written exemption,
(e) a vehicle with a GVM greater than 4.5 tonnes,
(f) a tractor,
(g) an implement.
14 Fees—the Act, s 59(2)(a)
The fee payable for a matter under the Act is the fee specified in Schedule 1 for the matter.
15 Repeal and savings
(1) The Driving Instructors Regulation 2016 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Driving Instructors Regulation 2016, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Fees
section 14
| Provision of Act | Type of fee | Fee | | section 11(2) | Application fee for a licence | $231 | | section 30(2)(b) | Issue of a duplicate licence | $34 |