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Motor Vehicles Act 1949
10Granting of licences
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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.