10Granting of licences

10 Granting of licences (1) The Registrar may, on application by a person, grant the person a licence to drive a motor vehicle (other than a commercial passenger vehicle, heavy vehicle or AIL vehicle) of the class specified in the licence if: (a) the person has previously held, in the Territory or elsewhere, a licence to drive that class of vehicle; or (b) the person is the holder of a learner licence and the person satisfies the Registrar that the person: (i) is capable of driving a motor vehicle of that class with safety to the public; and (ii) is able to understand the notices, signs and devices in use from time to time for the regulation of road traffic. (1A) If the learner licence was granted after the commencement of this section, the Registrar must not grant the licence under subsection (1) unless the person has held the learner licence for a continuous period of not less than 6 months immediately before the grant. (1B) The Registrar may, from time to time, renew a licence granted under subsection (1). (2) The Registrar may grant a licence to drive a commercial passenger vehicle of the class specified in the licence to a person who satisfies the Registrar that the person is not less than 18 years and 6 months of age, is capable of driving a commercial passenger vehicle of that class with safety to the public and, except where the Registrar otherwise approves, is able to read and write the English language, and the Registrar may renew that licence from time to time. (2A) The Registrar may grant a licence to drive a heavy vehicle of the class specified in the licence to a person who satisfies him that he has attained the age of 17 years and 6 months, is capable of driving a motor vehicle of that class with safety to the public and has held a licence to drive a motor vehicle, not being a motor cycle, for not less than 12 months. Motor Vehicles Act 1949 15 (4) The Registrar shall not grant a licence or a renewal of a licence to drive a motor vehicle of a class specified in subsection (2) to a person who is the holder of a licence to drive that is provisional under section 10A or to a person who has not held for a period of, or for periods totalling, not less than 12 months, a licence or other authority (not being a learner licence) to drive a motor vehicle other than a motor cycle, issued under this Act or under the law of a State or Territory or of another country. (4A) The Registrar may, on the application of a person, grant the person a licence (AIL licence) to drive a vehicle (AIL vehicle) that is: (a) not a commercial passenger vehicle; and (b) fitted with an approved AIL; and (c) of a class specified in the licence. (4B) The Registrar may do so only if: (a) the person is disqualified from obtaining a licence because of section 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii), 25(6A)(a)(ii) or (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or 29AAH(3)(b)(ii) of the Traffic Act 1987; and (b) within 5 years immediately before the person applies for the AIL licence, the person held a licence to drive a motor vehicle (previous licence) that: (i) was granted in the Territory or another jurisdiction (whether or not in Australia); but (ii) was not a learner licence or its equivalent in another jurisdiction; and (c) the Registrar is satisfied this Act does not prevent the Registrar from granting the AIL licence. Note The Registrar may refuse to grant the licence because of section 102 or 102AA. (4C) The AIL licence: (a) must relate to the same class of vehicle to which the previous licence relates; and (b) is subject to the same conditions of the previous licence and other conditions relating to the AIL prescribed by regulation (such as conditions relating to approved suppliers); and Motor Vehicles Act 1949 16 (c) has effect from the granting of the licence to the end of the AIL period; and (d) cannot be renewed. (4D) However, if 1 or more suspension periods apply to the person under suspension notices issued during the mandatory period or AIL period (whether or not before the granting of the AIL licence): (a) for a notice issued before or when the licence is granted – the licence may take effect only after the end of the suspension period to which it relates; and (b) for a notice issued after the licence is granted – the licence is suspended during the suspension period to which it relates; and (c) the licence has effect until the end of a period that: (i) immediately follows the AIL period; and (ii) is equal to the total of the suspension periods covered by paragraphs (a) and (b). Example If the person is subject to a suspension period of 3 months, the AIL licence ceases to have effect 3 months after the AIL period. (4E) For this section, the Registrar may, by Gazette notice approve: (a) an AIL; and (b) a supplier of an AIL or of services relating to an AIL. (5) A licence granted under this section shall not be transferable. (7) Before granting a licence to drive a motor vehicle to a person, the Registrar may, subject to section 62(2A) of the Fines and Penalties (Recovery) Act 2001, test, or arrange for an approved person to test, whether the person is capable of driving a motor vehicle of the particular class in relation to which the licence is sought. Note for subsection (7) Recovery Unit may determine that the Registrar is to cease to test a person for the purpose of issuing a licence to drive. Motor Vehicles Act 1949 17 10AA Requirement to have photograph (1) The Registrar may require an applicant for a licence or a renewal of a licence under section 10 to: (a) provide a recent photograph of himself of an approved type and size; or (b) be photographed by an officer. (2) Notwithstanding that an applicant for a licence or a renewal of a licence provides a photograph of himself in accordance with subsection (1)(a), the Registrar may, if he considers the photograph to be unsuitable or the appearance of the applicant has substantially changed to that in the photograph, require the applicant to provide another photograph of an approved type and size or to be photographed by an officer. (3) The Registrar may exempt a person from complying with this section. 10AB Power of Registrar Where an applicant for a licence or the renewal of a licence provides a photograph of himself or is photographed, in accordance with section 10AA, the Registrar shall, if he grants the applicant a licence or renews the licence, attach to or include in the licence the photograph of the applicant. 10AC Offence in respect of photograph A person shall not: (a) refuse to comply with a direction given by the Registrar; or (b) provide a photograph other than of himself, under section 10AA.