National Transport Commission (Road Transport Legislation – Driver Licensing) Regulations 2006
Division 2Regulations
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A national driver licensing scheme modelled on the Primary and Supporting Principles set out in this document is scheduled for implementation in all Australian States and Territories by February 1999.
2 Purposes
(1) The purposes of the scheme are to:
(a) provide for the establishment of an Australia‑wide driver licensing system that is designed to provide:
(i) uniform licence classes for the drivers of motor vehicles; and
(ii) uniform attendant eligibility criteria for those licence classes; and
(b) define the responsibilities of people in respect of driver licensing; and
(c) provide a means of identifying licensed drivers of motor vehicles; and
(d) facilitate the regulation of drivers of motor vehicles in the interests of safety and efficiency and law enforcement generally; and
(e) provide a means of enforcing safety standards relating to the driving of motor vehicles on roads and road related areas; and
(f) facilitate:
(i) the recovery of expenses incurred in administering the system; and
(ii) the collection of licence fees.
(2) However, these Primary Principles (other than primary principle 25) are not intended to affect existing State and Territory laws relating to learner licences, provisional licences, restricted licences or people holding those licences.
(3) The Primary Principles, Supporting Principles and the resulting amended driver licensing law are intended to improve road safety and transport efficiency, and reduce the costs of administering road transport.
3 Binding the Crown
(1) It is intended that the amended driver licensing law of the States and Territories will bind the Crown in all its capacities.
(2) However, it is not intended that the Crown be made liable to be prosecuted for an offence.
4 Penalties
(1) The Primary and Supporting Principles do not list penalties for offences against the amended driver licensing law.
(2) It is intended that the penalties will be determined in the National Road Transport Commission’s Compliance and Enforcement Module.
(3) In the interim, State and internal Territory penalty levels may apply.
Part 2—Definitions
5 Definitions
Expressions used in the Primary Principles that are defined in the Dictionary to the Principles have the meanings given to them in the Dictionary unless the context or subject matter otherwise indicates or requires.
Part 3—Driver licensing system
Division 1—Driver licensing authority
6 Minister to appoint driver licensing authority
The Minister may, by notice in the Gazette, appoint an authority to administer the driver licensing system established by the Primary and Supporting Principles.
7 Fixing fees
(1) The Minister or the driver licensing authority may, by notice in the Gazette, fix fees for services provided by the driver licensing authority in connection with the licensing of drivers, or the renewal or late renewal of driver licences.
(2) While fees of that kind fixed by one of those means are in force, fees of that kind cannot be fixed by another of those means.
(3) This principle is not intended to prevent a law, other than the amended driver licensing law, fixing fees for services provided by the driver licensing authority.
8 Functions of driver licensing authority
The functions of the driver licensing authority are:
(a) to administer the driver licensing system established by the Primary and Supporting Principles; and
(b) to maintain a driver licence register in accordance with the Supporting Principles; and
(c) to maintain a demerit points register in accordance with the Supporting Principles; and
(d) to provide information about drivers in accordance with the Supporting Principles; and
(e) such other functions as are conferred by the Primary Principles or the Supporting Principles.
Note: In relation to paragraph 8(d), the Supporting Principles do not preclude the driver licensing authority from the release or sale of statistical data calculated from the register.
9 Powers of driver licensing authority
The amended driver licensing law shall provide that the driver licensing authority has all the powers it needs to carry out its functions.
10 Driver licensing authority not to issue or renew licence in certain circumstances
(1) The driver licensing authority must not issue a driver licence to a person unless it is satisfied that:
(a) the person is eligible to be issued with the driver licence; and
(b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country that licence has been surrendered;
in accordance with the Supporting Principles.
(2) However, the driver licensing authority may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the Supporting Principles.
(3) The driver licensing authority must not renew a driver licence of a person if it is satisfied that the person no longer resides within the jurisdiction.
Note: Subprinciple 10(3) does not apply to a person who resides temporarily outside the jurisdiction.
11 Recognition of offences for which demerit points are incurred
(1) The driver licensing authority may, in writing:
(a) recognise offences created under a law in force in this or another jurisdiction that are not on the national schedule of demerit points as being offences for which the authority will apply demerit points to drivers; and
(b) specify the number of demerit points incurred for each of those offences.
(2) The driver licensing authority must publish a notice in the of the offences recognised under subprinciple (1) and the number of demerit points specified for each of those offences.
12 Demerit points
Recording of demerit points
(1) Demerit points incurred by a person for an offence are to be recorded in the demerit points register in respect of the day on which the offence was committed.
Licence suspension for demerit points
(2) The driver licensing authority must give a notice of licence suspension to the holder of a driver licence who incurs 12 or more demerit points within the previous 3 years.
(3) The period of licence suspension under subprinciple (2) is the period applicable under the table.
(4) If a person who has been served with a notice of licence suspension does not make an election under subprinciple (6), the person’s driver licence is suspended for the period applicable under subprinciple (3) from the date specified in the notice.
(5) On the commencement of a period of suspension or a period of good behaviour (see subprinciple (6)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.
Alternative to suspension
(6) A person who incurs at least 12 demerit points within the previous 3 years may, within 21 days after being served with a notice of licence suspension by the driver licensing authority, notify the authority in writing that he or she elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months from the day on which the licence would have been suspended.
(7) If a person who makes an election in accordance with subprinciple (6) incurs 2 or more demerit points during the 12 months period, the driver licensing authority must give the person a notice suspending the person’s driver licence, commencing on a day specified in the notice, for twice the period that would have applied to the person under subprinciple (3) if the person had not made the election.
(8) On the commencement of the period of suspension referred to in subprinciple (7), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.
(9) However, demerit points incurred by a person:
(a) after the person is served with a notice of licence suspension but before the suspension begins; or
(b) if the person makes an election in accordance with subprinciple (6)—after the person is served with the notice of licence suspension and before the 12 month period of good behaviour;
are to be taken into account for the purposes of subprinciple (2) from the end of the period of licence suspension or period of good behaviour.
13 Demerit points penalties not affected by court‑imposed penalties
(1) A period of licence suspension under principle 12 is in addition to a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to:
(a) driving offences involving the use of alcohol or other drugs; or
(b) speeding; or
(c) the non‑payment of fines.
(2) Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to a matter referred to in paragraph (1)(a), (b) or (c).
14 Mutual recognition
(1) The driver licensing authority must, in accordance with the Supporting Principles, recognise:
(a) driver licences issued by another jurisdiction; and
(b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction.
(2) If:
(a) a person:
(i) commits an offence in this jurisdiction that is included in the national schedule of demerit points; or
(ii) pays the amount specified in an infringement notice for such an offence; and
(b) the person holds a driver licence issued by another driver licensing authority;
the driver licensing authority must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.
(3) If the person is not the holder of an Australian driver licence, the driver licensing authority must transmit the relevant information about the offence to the driver licensing authority of the State or internal Territory in which the person resides.
(4) However, the driver licensing authority is not required to transmit any information until after:
(a) if the person appeals against a conviction for the offence and the appeal is dismissed—the dismissal of the appeal; or
(b) if the person does not appeal—the last time at which the person could have appealed.
(5) If the driver licensing authority receives information about a person from another driver licensing authority under the provision of the law of the other jurisdiction that corresponds to this principle, the driver licensing authority must take the action it would have taken if the offence had been committed in this jurisdiction.
15 Security of information in registers
The driver licensing authority must ensure that the information contained in the driver licence register or the demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the Supporting Principles.
16 Delegation by driver licensing authority
The driver licensing authority may, by signed instrument, delegate to a prescribed person all or any of its powers under the Primary or Supporting Principles.
Division 2—Regulations
17 Regulations to be based on Supporting Principles
(1) The State or Territory may make regulations consistent with the Supporting Principles prescribing matters:
(a) required or permitted to be prescribed by the Primary Principles; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to the Primary Principles.
(2) The regulations may apply, adopt or incorporate by reference documents published by the National Road Transport Commission and approved by the Ministerial Council for Road Transport, either as published or as amended from time to time.
18 Model driver licensing system
(1) The Supporting Principles provide a system of licensing drivers of motor vehicles that are used on roads or road related areas that:
(a) provides a means of authorising the driving of motor vehicles on roads and road related areas; and
(b) enables the identification of licensed drivers of motor vehicles.
(2) The Supporting Principles:
(a) provide for the issue and renewal of driver licences, and for the imposition of conditions on driver licences; and
(b) provide for the cancellation, variation and suspension of driver licences; and
(c) fix the periods for which a driver licence or renewal remains in force; and
(d) require the production of specified information by:
(i) applicants for driver licences or renewals of driver licences; or
(ii) holders of driver licences; and
(e) provide for the issue of infringement notices for specified offences; and
(f) provide for the recognition by the driver licensing authority of things done under a corresponding law of another jurisdiction; and
(g) provide for a refund, in accordance with the Supporting Principles, of part of a licence fee where a driver licence is surrendered before it expires; and
(h) provide for the collection of:
(i) licence fees; and
(ii) fees fixed under the amended driver licensing law or another law relating to services provided by the driver licensing authority; and
(i) provide for the approval by the driver licensing authority of the form in which applications are to be made to the authority, and the form in which documents are to be issued by the authority, for the purposes of the Supporting Principles; and
(j) provide that the amended driver licensing law, or specified provisions of the amended law, do not apply to a driver, or drivers of a kind, identified in the Supporting Principles; and
(k) allow the driver licensing authority to revoke, in the manner and in circumstances specified in the Supporting Principles, an exemption for a driver, or drivers of a kind, given under the amended driver licensing law made for the purposes of paragraph (j); and
(l) prescribe different classes of driver licences, and grade each class by reference to the driving skills required for each class, and the eligibility criteria for the issue of each class; and
(m) allow the driver licensing authority to exempt a person from the requirement to hold a driver licence or a driver licence of a particular class (an exemption may be subject to conditions imposed by the driver licensing authority); and
(n) provide for the maintenance of a driver licence register and a demerit points register; and
(o) prescribe:
(i) the form in which the driver licensing authority is to issue evidence of the authority to drive a motor vehicle provided by a driver licence; and
(ii) the circumstances in which that evidence must be surrendered or returned to the driver licensing authority; and
(p) prescribe transitional arrangements for the transition to the amended driver licensing law from the driver licensing system that was previously in operation.
(3) The Supporting Principles prescribe the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points.
(4) The Supporting Principles list offences for breaches of the amended driver licensing law.
19 Power to include or exclude areas
(1) The Minister may declare, by notice in the Gazette, that the amended driver licensing law, or specified provisions of the amended law:
(a) apply to a specified area of the jurisdiction that is open to or used by the public; or
(b) do not apply to a specified road or road related area.
(2) The declaration has effect until it is revoked, or for the period specified in the declaration.
20 Review of decisions
The amended driver licensing law is to provide a system for review of decisions of the driver licensing authority identified in the Supporting Principles.
Part 4—Offences
21 Driving when unlicensed or disqualified
(1) A person who drives a motor vehicle of a type for which an Australian driver licence is required on a road or road related area is guilty of an offence if the person is unlicensed or has been disqualified from driving a motor vehicle by a court in Australia.
(2) A person is unlicensed if:
(a) the person drives a motor vehicle without being the holder of an Australian driver licence or a learner licence authorising the driving of a vehicle of the vehicle’s class; or
(b) an Australian driver licence or other authority of the person to drive a motor vehicle in any State or internal Territory is:
(i) suspended; or
(ii) cancelled and the person has not subsequently been issued another licence or authority to drive.
(3) However, a person is not to be treated as being unlicensed if the person is exempted under the amended driver licensing law from the requirement to hold a driver licence to drive a vehicle of the vehicle’s class.
22 Obtaining driver licence by false statements
(1) A person is guilty of an offence if the person:
(a) by a false statement or any misrepresentation or other dishonest means, obtains or attempts to obtain a driver licence or the renewal of a driver licence; or
(b) without lawful authority or excuse, possesses a driver licence obtained or renewed using those means.
(2) A driver licence so obtained or renewed is void, and the driver licensing authority may alter the driver licence register accordingly.
23 Evidentiary provisions
(1) A court may admit as evidence a document that appears to be signed on behalf of the driver licensing authority certifying a matter that appears in or can be calculated from the driver licence register or another record kept by the driver licensing authority.
(2) A court may admit as evidence a document that is issued under the law of another jurisdiction that relates to:
(a) whether a person has a driver licence or other authority to drive a motor vehicle, the extent of the authority conferred by a licence or other authority and any conditions of that licence or other authority; or
(b) any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or
(c) demerit points incurred by a person.
(3) The court must accept the documents as proof of the facts stated in them if there is no evidence to the contrary.
(4) A court may admit into evidence other documents prescribed by the amended driver licensing law in the circumstances set out in the Supporting Principles.
Part 5—General
24 Indemnity
(1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of his or her duties under the Primary Principles or Supporting Principles.
(2) A liability that would, apart from subprinciple (1), attach to an individual because of an act or omission done honestly and in good faith in the course of his or her duties attaches instead to:
(a) for an act or omission of a member of the police force—the government; or
(b) for an act or omission of a person acting for the driver licensing authority—that authority.
(3) An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with the Supporting Principles and expressing to the driver licensing authority in good faith an opinion formed as a result of having carried out the test or examination.
(4) An individual does not incur civil or criminal liability for reporting to the driver licensing authority, in good faith, information that discloses or suggests that:
(a) another person is or may be unfit to drive; or
(b) it may be dangerous to allow another person to hold or be issued a driver licence or a variation of a driver licence.
25 Learner drivers
The holder of an Australian driver licence may drive a motor vehicle for which a higher class of driver licence would normally be required if:
(a) the higher class is one for which the person would next be eligible to apply in accordance with the Supporting Principles; and
(b) the driver is receiving tuition from, and is accompanied by, a person who:
(i) has held that higher class of driver licence (other than a provisional licence) for at least one year; and
(ii) is providing the tuition in accordance with the laws of the jurisdiction about driver instruction and the display of signs on vehicles used for that purpose.
Part 6—Dictionary
26 Definitions
Australian driver licence means:
(a) a driver licence; or
(b) a licence, probationary licence, conditional licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.
class, of a driver licence, means a class of licence established by the Supporting Principles.
conditional licence means a licence issued as a conditional licence in accordance with the Supporting Principles.
Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.
corresponding law means the law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.
drive includes having control over the steering, movement or propulsion of a vehicle.
driver licence means:
(a) a licence (including a probationary licence and a conditional licence but not including a provisional or learner licence) issued in accordance with the Supporting Principles authorising the holder to drive one or more classes of motor vehicle on a road or road related area; or
(b) a driver licence receipt.
driver licence receipt means a receipt that:
(a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and
(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.
driver licensing authority means the authority appointed by the Minister under primary principle 6.
foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued in the country in which the person is ordinarily resident.
Gazette means the Government of the State or Territory concerned.
infringement notice means a notice giving a person alleged to have committed an offence described in the Supporting Principles the option of paying an amount instead of being charged with the offence.
international driving permit means a permit issued by:
(a) a competent authority of a Contracting State or a subdivision of such a State; or
(b) an association duly empowered by such an authority;
in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.
international visitor means a person who:
(a) is ordinarily resident in a foreign country; and
(b) is not a permanent resident of Australia.
learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.
licence fee means a tax or charge, however described, imposed on drivers of motor vehicles under another law of the jurisdiction.
member of the police force means:
(a) a member or special member of the Australian Federal Police; or
(b) a member (however described) of the police force of a State or Territory; or
(c) a service police officer within the meaning of the Defence Force Discipline Act 1982.
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
national schedule of demerit points means the schedule of driving offences and corresponding demerit points prescribed in the Supporting Principles.
probationary licence means a licence to drive a motor vehicle:
(a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia; or
(b) issued to replace an equivalent licence issued under a corresponding law.
provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, which is subject to conditions, restrictions, or qualifications because of the lack of driving experience of the licence holder.
restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances.
road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
road related area means:
(a) an area that divides a road; or
(b) a footpath or nature strip adjacent to a road; or
(c) an area that is open to the public and is designated for use by cyclists or animals; or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or
(e) any other area that is open to or used by the public and that has been declared under primary principle 19 to be an area to which specified provisions of the amended driver licensing law apply.