Motor Vehicle Drivers Instructors Regulations 1964

The text organises regulatory control around a small set of core concepts: licence/permit, classes of vehicle, prescribed certifying bodies, Director General discretion, fees and exemptions, and compliance obligations.

Licence and permit forms and the application process. Regulation 3 mandates that applications are made in Form 1 (Schedule 1). Regulation 4 prescribes the licence form as Form 2 (Schedule 1). Form 1 contains eligibility prompts and mandatory self‑disclosure questions (for example, prior licence status, age and residency, health questions including epilepsy, diabetes and visual aids, employment history and convictions). Form 1 explicitly states that an applicant must have held an appropriate driver licence for at least 3 years and be at least 21 years of age (Schedule 1 Form 1). Those elements are central to the concept of an eligible applicant and the documentary gatekeeping the regime imposes.

Classes of vehicle and scope. Regulation 12(2) defines the classes of motor vehicle for which instructor licences and permits may be issued; Schedule 3 contains the class labels R, C, LR, MR, HR, HC and MC and detailed descriptions tied to GVM (gross vehicle mass), number of axles and seating. Regulation 12A and Schedule 4 implement cross‑entitlement: a licence for certain classes entitles the holder to instruct in some other classes (for example, a holder of class MR is entitled to instruct in LR; Schedule 4).

Prescribed certifying bodies. Regulation 12(1) treats the bodies listed in Schedule 2 as prescribed for the purposes of section 7(4) of the Act; such bodies issue certificates that “set out the class of vehicle” for which the certificate holder has been found competent. Schedule 2 lists named private companies, TAFE colleges and incorporated bodies. The concept here is delegated recognition: specific listed entities may issue the certificate that the Act requires for a licence application.

Director General discretion. Multiple provisions place decision‑making authority with the Director General: requiring medical tests (regulation 5), granting exemptions to duplicate control/mirror requirements (regulation 10), issuing replacement licences (regulation 9), exempting fee payment or license requirements (regulation 13A and 13B), and designating monetary grants relevant to the licensing exemption (regulation 13B(2)). The Director General is therefore the administrative fulcrum through which exceptions and operational requirements are applied.

Vehicle equipment and safety minimums. Regulation 10 mandates that motor cars, motor wagons and articulated vehicles used by instructors must be fitted with duplicate controls and an approved rear‑vision mirror for the instructor, unless exempted by the Director General or if provided by a person exempt under regulation 13B. The duplicate controls must be located directly in front of the seat beside the driver and enable the instructor to brake effectively and disengage the transmission or switch off the ignition (regulation 10).

Fees and exemptions. Regulation 13 sets prescribed monetary amounts for application, permit and licence issuance, testing and replacement documents. Regulation 13A permits the Director General to exempt certain public employees and approved institutions from the fee provisions, subject to a condition restricting private instructing until the relevant fee is paid. Regulation 13B provides a narrow exemption from the Act’s licensing requirement for persons receiving only reimbursement of expenses, remuneration they would have received regardless, or specified grant‑funded remuneration; the Director General may designate eligible monetary grants under reg 13B(2).

Enforcement and penalties. Regulation 14 creates an offence for breaches of the Regulations and for wilfully false or misleading statements in applications, carrying a fixed penalty of $500. Regulation 8 grants specific persons the statutory authority to request production of licence or permit for inspection (licensing officers, police officers, transport investigation wardens, and persons wishing to receive instruction).

Cross‑references. The Regulations rely on definitions and machinery in other statutes and subordinate instruments: the Road Traffic (Authorisation to Drive) Regulations 2014 and the Road Traffic (Vehicles) Act 2012 are sources for key terms such as axle, GVM, motor carrier and motorcycle (regulation 2). Schedule 2 refers to vocational training Acts for certain TAFE institutions. Those cross‑references anchor technical definitions and interlock the instructors’ regime with licensing and vehicle regulatory frameworks.

Together these concepts structure who can enter the instructor market, what documentary and medical checks are required, what vehicle equipment is necessary for instruction, how classes and entitlements are allocated, how recognised competence is established, and where administrative discretion may narrow or widen statutory obligations.

The Regulations affect a set of identifiable actors and organisations by drawing lines between who must hold a licence, who may be exempt, who pays fees, and who administers compliance.

Primary affected persons

• Prospective and current driving instructors: The regime directly regulates anyone who acts as a driving instructor in Western Australia unless a specific exemption applies. The Act’s section 5(1) is referred to by regulation 13B(1) (which provides narrow exemptions), and Form 1 requires applicants to declare prior licence history, age and health status; the text requires at least three years’ prior appropriate driver‑licence holding and a minimum age of 21 (Schedule 1 Form 1). Licence/permit holders must comply with surrender and notification duties (regulation 6 and regulation 7) and produce licences on request (regulation 8).
• Employers that provide instruction: Where instruction is provided in the course of employment, regulation 13A identifies particular classes of employer whose employees may be exempt from paying prescribed fees (police, Department of Education and Training or approved schools; Fire and Emergency Services staffing in the administering Department; Public Transport Authority employees or other Director General‑approved bodies). Regulation 13A(2) places a specific condition on those exemptions limiting non‑employer instruction until the appropriate fee is paid.
• Vehicle owners/providers used for instruction: Anyone who provides a motor car, motor wagon or articulated vehicle for instruction must ensure it is fitted with duplicate controls and an approved rear‑vision mirror unless the Director General has granted an exemption or the provider is exempt under regulation 13B (regulation 10). If a person supplies vehicles and is exempt under 13B, the duplicate controls requirement may not apply.

Administrative and enforcement actors

• Director General: The Director General is the central decision‑maker: issuing and replacing licences (regulation 9), requiring medical certificates (regulation 5), granting technical exemptions (regulation 10), exempting fee payment (regulation 13A), designating monetary grants that enable 13B exemptions (regulation 13B(2)), and receiving surrendered licences (regulation 6). The Director General’s role affects both regulatory burdens and opportunities for regulated parties to secure exemptions and recognitions.
• Licensing officers: Defined in regulation 2, licensing officers are Department‑engaged persons involved in assessing driver’s licence applications under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 and are empowered to inspect licences under regulation 8. They play an operational gatekeeping role.
• Police officers and transport investigation wardens: These personnel may request production of an instructor licence or permit for inspection (regulation 8), giving them a front‑line enforcement role.
• Prescribed training/certifying bodies: The entities listed in Schedule 2 are prescribed under regulation 12(1) to issue certificates of competency contemplated by the Act. That affects training providers because being listed allows them to supply the statutory certificate which applicants must produce; it affects applicants who must obtain certificates only from a listed body if relying on section 7(4) of the Act.

Others indirectly affected

• Students/clients of driving instructors: Regulation 8 explicitly empowers a person wishing to receive or who has received driving instruction to request sight of the instructor’s licence. That creates a private right to verify credentials and affects consumer choice and risk exposure.
• Organisations contracting for instruction or grant‑funded schemes: Regulation 13B(2) contemplates agreements between a grantee and the State where grant funds are used to remunerate instructors; that creates a mechanism where grant designations can exempt remunerated instructors from the licensing requirement, affecting program design and contract terms.

Financially, applicants and licence holders bear the direct costs of the regime via the prescribed fees in regulation 13 Table (for example, initial application $101.40; test $161.80; issue of licence $5.35; issue of permit $5.10; replacement $7.80). Those fees may be waived for certain public employers or specified categories of instructors under regulation 13A. Regulation 13B can remove the requirement to hold a licence in narrowly defined circumstances, thus altering who actually needs to pay or be licensed.

Practically, the Regulations affect how businesses structure instruction: vehicle owners must either equip vehicles with mandated duplicate controls and mirrors or seek an exemption (regulation 10). Training businesses listed in Schedule 2 derive commercial value from being prescribed; they can certify competence in the classes set out in Schedule 3 (regulation 12(1)), which affects their marketability and the supply of qualified instructors.

The net effect is sectoral: the instrument governs entry criteria, equipment standards, documentation and specified exemptions, all mediated by administrative discretion vested in the Director General and operationally enforced by licensing officers, police and wardens.

The Regulations impose a set of affirmative duties on licence‑holders and applicants, and create certain procedural rights and entitlements for regulated parties and third parties. Below are the principal duties and rights, with their statutory source.

Duties of applicants and licence‑holders

• Apply on prescribed form: Every application for a licence must be made in Form 1 in Schedule 1 (regulation 3). Applicants must answer the questions in Form 1, including health, conviction history and prior licence details (Schedule 1 Form 1).
• Medical evidence when required: If the Director General requires a medical test, the licence is not issued or is inoperative until the applicant or holder produces a certificate from a legally qualified medical practitioner nominated by the Director General certifying physical fitness to act as an instructor. The certificate must be in a form required or supplied by the Director General and must speak as to visual acuity (regulation 5(1) and(2)).
• Timely surrender of licences: Licence or permit holders must deliver up their licence or permit to the Director General within 3 days after its expiration, suspension or cancellation (regulation 6).
• Notify address changes: Licence or permit holders must notify the Director General of any change in address within 7 days after the change (regulation 7).
• Produce licence on request: A holder must produce their licence or permit for inspection when requested by a licensing officer, police officer, transport investigation warden, or a person wishing to receive or who has received instruction (regulation 8).
• Equipment requirements if providing vehicles: Instructors who provide motor cars, motor wagons or articulated vehicles for instruction must fit them with duplicate controls located directly in front of the seat beside the driver enabling control including braking and disengaging transmission or switching off ignition, and install an approved rear‑vision mirror in a Director General approved position, unless exempted (regulation 10).

Duties on providers and other organisations

• Replacement licence process: When the Director General is satisfied a licence or permit has been lost, mutilated or destroyed, the Director General may issue a replacement on payment of the prescribed fee; the original becomes of no force or effect (regulation 9).
• Fee payment or lawful exemption: Fees in regulation 13 Table are payable for the specified matters unless the Director General grants an exemption under regulation 13A or the person qualifies for an exemption from licence requirement under regulation 13B.

Rights and entitlements

• Right to apply for prescribed licence classes: Applicants may seek licences for the classes enumerated in Schedule 3 (regulation 12(2)). Form 1 lists seven licence types; the licence (Form 2) authorises the holder to act as a driving instructor in respect of specified classes (Schedule 1 Form 2).
• Cross‑entitlement to instruct other classes: Regulation 12A and Schedule 4 entitle holders of a licence in certain classes to act as an instructor in other specified classes without a separate licence. For example, an MR licence entitles the holder to instruct in LR vehicles (regulation 12A; Schedule 4).
• Recognised certificate of competency: A certificate issued by any body listed in Schedule 2 is a prescribed certificate for the purposes of section 7(4) of the Act and must set out the class in respect of which the certificate holder has been found competent (regulation 12(1)). That is a right of those bodies to issue the statutory evidence of competence and a right of applicants to rely on such certificates for licence applications.
• Power to be exempted from fees or from licence requirement: The Director General may grant exemptions from fees for identified classes of persons (regulation 13A) and may designate monetary grants that render certain remunerations eligible under regulation 13B, thereby enabling an exemption from the Act’s licensing requirement for persons who only receive limited classes of consideration for instruction (regulation 13B(1)-(2)).

Conditional and administrative constraints

• Conditions on fee exemptions: Exemptions under regulation 13A carry a specific condition: licences or permits issued under 13A must include a condition that the holder will not, until the appropriate fee has been paid, act as a driving instructor other than in the course of their employment with the employer described in regulation 13A(1) (regulation 13A(2)). That ties fee exemptions to employment context.
• Discretionary Director General obligations: Many entitlements (for example, exemption from equipment requirements or the power to require medical certificates) rest on the exercise of Director General discretion (regulations 5, 9, 10, 13A, 13B). Parties must engage with the Department to secure those discretionary outcomes.

Enforcement penalty

• Breach or false statements: Every person who breaches these regulations or wilfully makes false or misleading statements in or in connection with an application commits an offence and is liable to a penalty of $500 (regulation 14).

Mechanically, duties require documentary compliance (forms), medical and health compliance where ordered (regulation 5), administrative communication (address notifications and surrender), equipment upgrades for instructor vehicles, and fee payments unless exempted. Rights protect specified cross‑class instruction and reliance on certifications from Schedule 2 bodies. The Director General’s discretion is the central mechanism that transforms regulatory standards into individual licences and exemptions.

The Regulations provide a limited but specific compliance and enforcement framework. Enforcement is a mix of documentary inspection powers vested in designated officers, procedural obligations on licence‑holders, and a single stated monetary penalty for breaches and false statements.

Primary enforcement mechanics

• Power to request production of licences: Regulation 8 vests the right to require production of a licence or permit in four classes of persons: licensing officers, police officers, transport investigation wardens, and persons wishing to receive, or who have received, driving instruction. That creates both administrative enforcement (licensing officers and transport wardens) and public-facing verification (the prospective/current client can demand sight of the licence).
• Surrender obligation on expiry/suspension/cancellation: Regulation 6 obliges licence or permit holders to deliver their licence or permit to the Director General within 3 days following expiration, suspension or cancellation. That imposes an affirmative compliance step and assists administrative record‑keeping and control.
• Address notification duty: Regulation 7 requires notification to the Director General within 7 days of a change of address. That supports effective regulation by keeping contact details current for notices and enforcement.
• Replacement procedure: Regulation 9 authorises the Director General to issue replacement licences on proof of loss or destruction and payment of the prescribed fee; the original licence is then of no force or effect. This both enforces uniqueness of operative licence documents and provides a remedial path.

Sanctions

• Single, stated penalty: Regulation 14 prescribes that any person who breaches or fails to comply with these Regulations, or who wilfully makes false or misleading statements or furnishes false information in connection with a licence application, commits an offence punishable by a penalty of $500. The provision is broad: it covers breaches of any regulation within the instrument as well as wilful falsehood in applications. It is a single fixed monetary penalty; no alternative fines, demerit points or custodial penalties are provided in these Regulations.

Operational enforcement responsibilities

• Licensing officers: Defined in regulation 2, licensing officers are Department staff or contractors involved in driver’s licence assessments under the Road Traffic (Authorisation to Drive) Act 2008 Part 2. They are empowered to inspect instructor licences under regulation 8 and thus play a front‑line role in compliance checks and potential referrals to the Director General for administrative action.
• Police officers and transport investigation wardens: These officers can request production of licences under regulation 8; their involvement enables enforcement to connect with broader road‑safety and road‑use compliance operations.
• Director General: The Director General administers suspensions, cancellations, replacement and exemptions, and receives surrendered licences. The Director General therefore controls the administrative levers that follow detection of non‑compliance, including making licences inoperative by requiring medical certificates (regulation 5) and by issuing replacement documents (regulation 9).

Scope and limits of enforcement

• Fixed maximum penalty: The Regulations set one monetary amount for offences. There is no provision in these Regulations for civil pecuniary penalties beyond that penalty, no express power to issue infringement notices in these Regulations, and no schedule of graduated penalties depending on the breach. The Director General’s powers to suspend or cancel licences presumably derive from the Act rather than from these Regulations; regulation 6 requires surrender after suspension or cancellation but does not specify the grounds or processes for suspension or cancellation,that authority is exercised under the Act.
• Reliance on other agencies: Because inspection powers are shared with police and transport investigation wardens, enforcement can occur as part of broader policing activity. However, the Regulations do not create a dedicated enforcement unit; they rely on existing enforcement actors.

Procedural and evidentiary elements

• False or misleading statements: Regulation 14 explicitly criminalises wilful false or misleading statements in connection with applications. Form 1 includes an express caution about the $500 penalty and identifies that any false declaration may lead to cancellation of the licence. The overlap between documentary inspection (licence production) and investigatory activity by licensing officers and police means that material misstatements are actionable under regulation 14.

Practical effect

• The penalty level and administrative obligations create modest pecuniary deterrence. The ability of clients to request proof of a licence (regulation 8) creates market and reputational pressure in addition to statutory enforcement. Administrative actors have authority to require medical certification and to issue or refuse replacement licences, so enforcement is a mix of statutory penalty exposure and administrative control over the licence itself.

For practitioners advising clients, the enforcement picture is straightforward: compliance obligations are administrative and documentary; the single fixed penalty gives a clear monetary exposure for breaches or wilful misstatements; and multi‑actor inspection powers (licensing officers, police, wardens, and clients) increase the practical likelihood of detection of non‑compliance.

The Regulations are expressly designed to operate in concert with, and to cross‑refer to, several other legislative instruments and statutory definitions. The text embeds interdependencies that administrators and advisers must recognise.

Cross‑statutory definitions and machinery

• Road Traffic instruments: Regulation 2 imports key technical definitions from the Road Traffic instruments. For example, axle, motor carrier, motor cycle and other vehicle‑related terms are given the meaning in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 3, and GVM is defined by reference to the Road Traffic (Vehicles) Act 2012 section 3(1) (regulation 2). Those cross‑references mean that classification of vehicles for instructor licence purposes depends on statutory definitions established in the Road Traffic Acts and Regulations. Practically, questions about what constitutes a particular vehicle class will turn on those other instruments.
• Vocational education Acts: Schedule 2 includes TAFE institutions “established under” the Vocational Education and Training Act 1996 and references similar bodies established under other States’ legislative regimes. Those references anchor the status of prescribed bodies to statutory institutional forms external to these Regulations.
• Relationship to the Act: The Regulations implement and give detail to functions conferred by the Motor Vehicle Drivers Instructors Act 1963. Regulation 12(1) expressly refers to the Act’s section 7(4) for the legal effect of certificates issued by prescribed bodies. Regulation 13B refers to section 5(1) of the Act in stating who is exempt from that section. The Regulations therefore do not stand alone; their legal effects are co‑determined by the parent Act.

Allocation of administrative responsibilities

• Director General and Department integration: The Regulations repeatedly direct operational tasks to the Director General (for example, medical certificates nominated by the Director General (regulation 5), delivery of surrendered licences to the Director General (regulation 6), and fee exemptions granted by the Director General (regulation 13A)). Regulation 2 defines “Department” as the department principally assisting the Minister in administering the Act; that links the Department’s administrative processes to both these Regulations and the wider road licensing apparatus.

Certificates and recognition across jurisdictions

• Relevant authority and inter‑state recognition: The defined term “relevant authority” in regulation 2 contemplates vehicles last licensed in other States or Territories and identifies the corresponding body in that jurisdiction whose functions most nearly correspond to the Director General. That indicates an expectation of inter‑jurisdictional correspondence for vehicle licensing matters, which can affect assessments about vehicle classes and records when applicants have out‑of‑state histories.

Administrative and funding interactions

• Grant‑funded exemptions: Regulation 13B(2) enables the Director General to designate a monetary grant or portion of a monetary grant as enabling exempt status for persons remunerated from that grant. The regulation requires that the grant be provided under an agreement between a person (the grantee) and the State, with the grantee required to use the grant to remunerate persons acting as driving instructors. This creates an interaction channel between State grant programs and regulatory obligations: where a program finances instructors under a State agreement and the Director General designates that grant the instructors may be exempt from having a licence under the Act (per regulation 13B).

Administrative fee harmonisation

• Fees and transport fee instruments: Regulation 13 sets a Table of fees. The compilation table shows that fee adjustments have been made through Transport Regulations Amendment instruments (for example, Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2016 and 2017; compilation table entries). Practically, fee levels are updated through broader transport fee amendment instruments and those changes appear in the compilation.

Compliance interlocks with other obligations

• Driver competency and driving licences: Form 1 requires applicants to produce their driver’s licence and to confirm licence history and class (Schedule 1 Form 1). The licensing officer definition ties persons involved in driver licence assessment to the Road Traffic (Authorisation to Drive) Act 2008 Part 2. Thus, an applicant’s driving history and current driving licence status under the Road Traffic regime will directly inform eligibility and administrative action under these Regulations.

Limitations and delegation

• Delegated recognition of training bodies: Regulation 12(1) prescribes bodies in Schedule 2 for the purposes of section 7(4) of the Act. The listing mechanism, which has been amended across years (see compilation table), is an instrument of delegation of recognition to named entities. The interaction is therefore between these Regulations and the Act’s competence requirement: a certificate from a Schedule 2 body has the statutory effect that the Act contemplates.

In summary, these Regulations are not self‑contained; they function within an ecosystem of road traffic, vehicle, vocational training and administrative fee legislation. Practically, interpretation questions about vehicle classification, eligibility criteria, and training‑provider status will often demand reference to the Road Traffic Acts and to the Act itself. Administrative and fee changes are implemented through cross‑linked subordinate instruments, as shown in the compilation history.

The Regulations carry a long, detailed amendment history recorded in the compilation table appended to the instrument. The compilation lists multiple rounds of amendment across decades, reflecting periodic updates to definitions, fees, forms and schedules. Below are the salient mechanical points the compilation table and in‑text amendment notes disclose.

Longitudinal update pattern

• Initial registration and repeated amendments: The Motor Vehicle Drivers Instructors Regulations 1964 were first published 10 March 1964. The compilation table records steady amendment activity across the 1970s, 1980s, 1990s and into the 21st century, reflecting ongoing administrative change and policy updates. Amendments have touched on forms, fee amounts, definitions and schedules. The chronology is explicit in the compilation table listing each amending instrument, its Gazette reference and the commencement date.

Key structural insertions and deletions

• Regulation 2 updated multiple times: Regulation 2’s definitions have been inserted and amended across a number of amending Gazettes (see in‑text note: “Regulation 2 inserted: Gazette 27 Apr 2001 p. 2203‑4; amended: Gazette 11 Jul 2006 p. 2545; 28 Nov 2006 p. 4894; 22 Jun 2007 p. 2876; 13 Jun 2008 p. 2525; 8 Jan 2015 p. 57‑8; SL 2025/66 r. 4”). That indicates periodic realignment with updated road traffic regulations and modern statutory language.
• Forms and schedules: Regulation 3 and 4 were amended and the licence form (Form 2) inserted and updated in 1976 and across later amendments. Schedule 2 (prescribed bodies) and Schedule 3 (classes of vehicles) were inserted and have been modernised (Schedule 3 inserted 27 April 2001; Schedule 4 inserted same date providing scope cross‑entitlements).
• Specific regulatory insertions: Regulation 12A (scope of licence or permit) was inserted 27 April 2001 and establishes Schedule 4 cross‑entitlements. Regulation 13 (fees) was inserted 29 May 2015 (Gazette 29 May 2015 p. 1883) and amended in subsequent annual fee amendments (2016-2018 etc.). Regulation 13A (fee exemptions for particular employers) has been in force in varying forms since 1970 and has been repeatedly updated. Regulation 13B (exemptions from requirement to have licence or permit) was inserted in SL 2024/137 r. 4, a recent insertion at the time of the compilation.
• New inspection power: Regulation 8 (licence or permit to be produced on request) was inserted by SL 2025/66 r. 5, a late insertion in the amendment chronology, expanding the persons entitled to request production to include licensing officers and persons wishing to receive instruction.
• Equipment and safety rules: Regulation 10, requiring duplicate controls and instructor mirrors, was inserted 29 October 1976 and amended later; it continues to provide minimum equipment standards for vehicles used for instruction.

Fee adjustments and transport fee instruments

• Fees have been updated through a number of Transport Regulations Amendment instruments and specific amendments to the Regulations across 2015-2018 and later (see compilation table entries for Transport Regulations Amendment (Fees and Charges) Regulations 2016, 2017, 2018 and subsequent Motor Vehicle Drivers Instructors Amendment Regulations 2019, 2023, 2024, 2025 and 2026).
• The fees table in regulation 13 records amounts current as at its last amending instrument; the compilation table documents the instruments that effected those adjustments.

Schedule 2 list changes

• Schedule 2, the list of prescribed certifying bodies, shows periodic updates that add and remove named entities. The compilation table records amendments by Gazette references and statutory instruments that changed Schedule 2 across the 2000s and 2010s as training providers and corporate entities evolved.

Notable drafting artefact

• Coexistence of Form 2 fee line and the fees Table: Schedule 1 Form 2 includes a printed fee reference “Fee $22.60 (one year)” reflecting an earlier fee level. Regulation 13’s Table, inserted 29 May 2015 and amended subsequently, contains current fee amounts (for example, application $101.40). Both appear in the consolidated text. The compilation history shows fee matters are frequently amended by separate fee instruments.

Transitional and repealed provisions

• The compilation table includes historical notes that certain amendment regulations contained transitional provisions that are no longer of effect (for example, Motor Vehicles Instructors Amendment Regulations 1996 r. 6; Motor Vehicle Drivers Instructors Amendment Regulations (No. 2) 2001 r. 9 and Schedules 1 and 2). It also notes one repeal episode: the Regulations were repealed and replaced by an amending instrument in 1982 as recorded in the compilation table notes.

Recent insertions and modernising amendments

• The later entries in the compilation table (SL 2023/181; SL 2024/137; SL 2025/66; SL 2026/22) indicate continuing activity into the 2020s. Notably, regulation 8 was added by the 2025 instrument; regulation 13B was added in 2024. Those recent insertions show the instrument is actively maintained to address contemporary administrative and funding arrangements related to instructors and their vehicles.

Practitioner takeaway

• The amendment history is detailed and should be consulted when tracing the provenance of a given requirement (for example, whether a Schedule 2 body has been added or removed at a particular date) and when advising on historical compliance questions. The compilation table is the authoritative record in the instrument for amendment dates and commencement timings. It demonstrates that the Regulations have been iteratively amended and that fee, definitional and schedule changes are the most common items updated.

The Regulations text and the attached compilation material do not record any cases, judicial determinations, or litigation history. No court decisions or applications are cited in the instrument. The Schedule of amendments and in‑text notes record only Gazetted amendments and commencement dates, transitional provisions and reprints.

Consequences for advising parties

• There is no litigation precedent contained in this instrument to assist in statutory interpretation disputes arising under these Regulations. Any judicial interpretation, challenge or enforcement matter would need to be researched separately in court databases and legal reporting services because the Regulation itself does not include case law citations.
• Practitioners should therefore treat the Regulations as statutory rules supported by administrative practice rather than as an area clarified by authoritative judicial decisions in the instrument. Where interpretation disputes arise,for example, about the scope of a Schedule 2 certificate, the application of regulation 13B exemptions, or the Director General’s exercise of discretion,those issues appear not to be pre‑resolved within this text.

Operational implications

• Administrative determinations and discretionary decisions made by the Director General are likely to be the primary point of contest in actual disputes (for example, exemption refusals under regulation 13A, medical certificate requirements under regulation 5, or exemptions from duplicate control requirements under regulation 10). Given the absence of cases in the instrument, potential litigants should expect initial engagement through administrative review and internal departmental processes before litigating, and should obtain independent legal research into reported cases if court guidance is required.

In short, the statutory instrument contains no litigation record. For litigation history relevant to these Regulations, external case law searches would be required.

Multiple practical traps and drafting‑artifacts in the Regulations can create unexpected compliance pitfalls. Below are concrete items to watch for, with statutory references.

1. Co‑existing fee statements in Form 2 and regulation 13

• Schedule 1 Form 2 contains a printed line “Fee $22.60 (one year)”, whereas regulation 13 sets out a Table of fees with different amounts (for example, the initial application is $101.40; test by Director General $161.80; issue of licence $5.35). The instrument therefore contains two fee references. Practitioners should not assume the Form 2 printed fee is the operative fee without checking the current regulation 13 Table and recent fee amending regulations (regulation 13; Schedule 1 Form 2).

2. Director General discretion is wide and unelaborated

• The Director General may require a medical test (regulation 5), grant exemptions from duplicate controls and mirrors (regulation 10), exempt fees (regulation 13A), designate monetary grants for 13B purposes (regulation 13B(2)), and issue replacement licences (regulation 9). The Regulations do not prescribe detailed criteria or procedural protections for these exercises of discretion. Applicants and licence‑holders should be aware that outcomes can depend on administrative judgement and departmental policy not contained in the Regulations themselves.

3. Tight timeframes for notification and surrender

• Licence or permit holders must deliver surrendered licences within 3 days of expiry, suspension or cancellation (regulation 6) and notify address changes within 7 days (regulation 7). These are short statutory windows; failure to comply exposes the holder to the offence in regulation 14 (penalty $500). Practitioners should advise clients to diarise these dates and have administrative processes to ensure timely compliance.

4. Third‑party inspection power extends to customers

• Regulation 8 allows a person wishing to receive, or who has received, instruction to require production of a licence. That empowers consumers to perform on‑the‑spot verification, and instructors cannot refuse. Practitioners advising instructors should ensure physical licences are carried or immediately producible, and that staff are trained to comply with inspection requests.

5. Narrow scope of licence exemptions under regulation 13B

• Regulation 13B(1) exempts persons from the Act’s section 5(1) only if the only consideration received falls into a short list: reimbursement of reasonable expenses, remuneration the person would receive even if not instructing, or remuneration covered by a monetary grant designated under regulation 13B(2). The provision excludes broader commercial arrangements and contains a condition on full‑time instruction. This is not a general volunteer exemption; careful factual analysis is needed to rely on 13B.

6. Vehicle‑equipment requirement exceptions may be necessary

• Regulation 10 requires instructor‑provided vehicles to have duplicate controls and an approved rear‑vision mirror in a Director General approved position unless exempted by the Director General or provided by a person exempt under regulation 13B. Instructors who supply vehicles must either fit them to spec or secure a written exemption. The location and performance standards (for example, the requirement that duplicate controls “readily enable the instructor to control the vehicle”) may require engineering or fit‑out decisions,practical compliance costs and vehicle downtime should be planned.

7. Reliance on prescribed certification bodies

• Regulation 12(1) makes the bodies listed in Schedule 2 the prescribed bodies for the Act’s s 7(4) certificate. Applicants relying on a certificate must ensure it is from a Schedule 2 body and that the certificate specifies the class of vehicle. Schedule 2 is actively amended (see compilation table); a certificate from an unlisted body will not satisfy the statutory requirement.

8. Potential mismatch between licence authorisation and Road Traffic vehicle towing rules

• Regulation 12(3) clarifies that when Schedule 3 describes a motor vehicle (other than class MC), it includes whether or not it is attached to a trailer that the motor vehicle may be used to tow according to the Road Traffic (Authorisation to Drive) Regulations 2014 Schedule 4. That cross‑link means the instructor’s operational scope can depend on separate rules about towing and authorised trailer carriage under the Road Traffic regime, creating complexity where vehicle class and towing permissions interact.

9. Single small fixed penalty may under‑reflect practical costs

• The Regulations prescribe a single $500 penalty for breaches or false statements (regulation 14). In practice, non‑compliance may create other costs,suspended business, reputational loss, lost contracts or insurer responses,which are not reflected in the statutory penalty. Advisers should ask clients to consider those indirect costs alongside the $500 statutory exposure.

10. Unstated procedural steps for obtaining Director General decisions

• The Regulations permit a number of administrative actions by the Director General (exemptions, designations, medical nominations). They do not spell out internal appeal, timeframe or evidence requirements. Affected parties should expect to engage with Departmental administrative practice and prepare strong documentary submissions to obtain discretionary relief.

Those are practical pitfalls where the text imposes tight obligations, leaves significant discretion with administrators, or contains drafting remnants that could generate confusion. The safe practice is to document communications with the Department, ensure programs and vehicles are fitted to the stated requirements or that written exemptions are obtained, and to maintain up‑to‑date certificates from prescribed bodies listed in Schedule 2.

Compliance requires a combination of documentary rigour, vehicle preparation, administrative processes and proactive engagement with the Department and the Director General where exemptions or designations are needed. Below is a step‑by‑step practical compliance roadmap derived from the Regulations’ text, with reference to the governing provisions.

1. Confirm eligibility before applying (Schedule 1 Form 1; regulation 3)

• Check the applicant has held an appropriate driver’s licence for at least three years and is at least 21 years old, as the application form instructs (Schedule 1 Form 1).
• Assemble required identity and licence documents to be inspected by the receiving officer (Form 1 requires the licence be produced for inspection).
• Complete Form 1 fully and accurately, including health questions (epilepsy, diabetes, visual aids etc.) and conviction history. Regulation 14 makes wilfully false or misleading statements an offence with a $500 penalty and the application form warns of that specific penalty.

2. Obtain prescribed certificate of competency if required (regulation 12(1); Schedule 2)

• If the Act’s section 7(4) certificate is part of the application pathway, obtain that certificate from one of the bodies listed in Schedule 2. Ensure the certificate explicitly states the class of vehicle for which competence has been found (regulation 12(1)).
• Verify that the issuing body is listed in Schedule 2 at the time of the application (Schedule 2 has been amended over time).

3. Prepare for and comply with any medical requirements (regulation 5)

• If the Department or Director General requires a medical test, arrange for the examination by a legally qualified medical practitioner nominated by the Director General. The licence will not issue or will be inoperative until the required certificate is provided (regulation 5(1)).
• Ensure the medical certificate is in the form required or supplied by the Director General and contains an assessment of visual acuity (regulation 5(2)(a)-(b)).

4. Choose correct licence class and understand cross‑entitlements (regulation 12(2); regulation 12A; Schedules 3 and 4)

• Select the appropriate class from Schedule 3 (R, C, LR, MR, HR, HC, MC) for the vehicles you will instruct in (regulation 12(2)).
• Use Schedule 4 to understand which additional classes you can lawfully instruct in based on the class of licence granted (regulation 12A). For example, an MR licence entitles instruction for LR class vehicles.

5. Fit and document vehicle equipment where you supply the instructional vehicle (regulation 10)

• If you provide a motor car, motor wagon or articulated vehicle for instruction, install duplicate controls directly in front of the seat beside the driver that enable braking and disengaging the transmission or switching off the ignition, and fit an approved rear‑vision mirror positioned for instructor use in a Director General approved position (regulation 10(a)-(b)).
• If you intend to rely on an exemption to the duplicate control and mirror requirement, submit a formal written application to the Director General and secure a written exemption (regulation 10 indicates the Director General may exempt vehicles).

6. Pay prescribed fees or secure an exemption (regulation 13; regulation 13A)

• Pay the applicable fees as listed in regulation 13 Table when applying, requesting tests, issuing licences or replacing lost documents. Note that fee amounts have been updated by separate fee amending instruments; confirm the current fee amounts at the time of transaction (regulation 13 Table; compilation table entries).
• If eligible for fee exemption under regulation 13A (eg. police, Department of Education and Training employees, certain Public Transport Authority employees), apply to the Director General for exemption and ensure any licence issued contains the condition specified in regulation 13A(2) restricting the holder from acting as an instructor outside their employment until the fee is paid.

7. Consider regulation 13B licence exemptions where remunerations fall within its narrow list

• If the only consideration you will receive for instructing is reimbursement of reasonable expenses, remuneration you would receive regardless of instructing, or remuneration covered by a monetary grant designated by the Director General, assess whether you qualify for the exemption in regulation 13B(1).
• Where a monetary grant is involved, ensure it is provided under a State agreement that requires the grantee to use the grant to remunerate instructors and seek Director General designation of the grant under regulation 13B(2).

8. Maintain administrative compliance post‑licence

• Keep your licence with you and be prepared to produce it on request by licensing officers, police officers, transport investigation wardens, or prospective/current students (regulation 8). Practically, keep a physical or authorised copy available in the vehicle or digitally where permitted.
• Notify the Director General of any change of address within 7 days (regulation 7).
• Deliver your licence to the Director General within 3 days after expiration, suspension or cancellation (regulation 6).

9. Replace lost or mutilated licences correctly (regulation 9)

• If a licence or permit is lost, mutilated or destroyed, lodge an application with the Director General, pay the replacement fee prescribed in regulation 13, and obtain the replacement document. The original licence becomes of no force or effect upon re‑issue (regulation 9).

10. Maintain records and evidence for inspection

• Keep records of the certificate of competency (from a Schedule 2 body), medical certificates if required, fee exemption approvals, vehicle fit‑outs and any Director General exemption letters. These documents support compliance checks and are relevant in the event of an investigation under regulation 14.

11. Train staff on inspection requests and disclosure obligations

• Because clients have a statutory right to request licence production (regulation 8), staff should be trained to comply immediately and courteously. Refusal to produce the licence may constitute a regulatory breach.

12. Plan for the Director General’s discretionary processes

• For any discretionary relief sought (fee exemption, vehicle exemption, grant designation), prepare a written submission explaining the facts, attach supporting documents (employment contracts, grant agreements, invoices, vehicle fit‑out photographs, medical reports) and anticipate that the Director General may require additional evidence or impose conditions (regulations 5, 9, 10, 13A, 13B).

13. Monitor Schedule 2 and fee instruments

• Because Schedule 2 and fee levels are adjusted by subsequent amending instruments, monitor Gazette notices and the Department’s published guidance to ensure that the certifying body you rely upon remains prescribed and that fee amounts are current (regulation 12(1); regulation 13; compilation table).

14. Avoid wilful misstatements

• Ensure all statements on Form 1 and other application materials are accurate and complete. Regulation 14 makes wilful false or misleading statements an offence and Form 1 contains the statutory caution.

Following this roadmap aligns operational practice with statutory obligations. For matters involving Director General discretion or complex funding arrangements under regulation 13B, prepare substantive documentary evidence and allow time for administrative processing. If in doubt about the interpretation of vehicle‑class descriptions or interactions with the Road Traffic instruments cited in regulation 2, obtain specialist advice or liaise with licensing officers involved in driver licence assessments.