19Driver licences

19 Driver licences S. 19(1) amended by Nos 5/2016 s. 36(Sch. 1 item 3(a)), 49/2019 s. 116(Sch. 1 item 37(a)). (1) The Secretary may, on the application of a person over the age of 18 years, grant a driver licence if the Secretary is satisfied that the applicant is qualified to hold a driver licence. S. 19(2) amended by Nos 5/2016 s. 36(Sch. 1 item 3(b)), 49/2019 s. 116(Sch. 1 item 37(b)). (2) The Secretary may, before granting a driver licence, require the applicant— S. 19(2)(a) amended by Nos 5/2016 s. 37(Sch. 2 item 1), 49/2019 s. 101(1). (a) to pass any appropriate tests or assessments and to undergo any appropriate training; and (b) to comply with any prescribed procedures and requirements; and (c) to have any prescribed qualification. S. 19(2A) inserted by No. 74/2007 s. 5. (2A) Without limiting subsection (2)(b), a regulation for the purposes of that paragraph may provide for different procedures or requirements depending on a person's age, experience or any other factor. S. 19(3) amended by No. 5/2016 s. 36(Sch. 1 item 3(c)). (3) A driver licence authorises a person to drive on a highway any categories of motor vehicle indicated in the licence for the term, and subject to any conditions, specified in the licence. S. 19(3A) inserted by No. 110/2004 s. 23(1), amended by No. 49/2019 s. 116(Sch. 1 item 37(c)). (3A) Without limiting the generality of subsections (1) and (3), in exercising the Secretary's discretion under this section, the Secretary may grant people of or over 75 years of age driver licences for shorter terms than the terms that usually apply to people who are less than 75 years of age. S. 19(4) amended by No. 5/2016 s. 36(Sch. 1 item 3(d)). (4) A driver licence may be applied for, granted, renewed or refused only in accordance with the regulations. S. 19(4A) inserted by No. 5/2016 s. 21, amended by No. 49/2019 s. 116(Sch. 1 item 37(d)). (4A) Without limiting any power the Secretary has under the regulations to renew a driver licence and subject to sections 19A and 19B, the Secretary may renew a driver licence held by a person who is 75 years of age or over for a shorter term than the term that usually applies to a person who is less than 75 years of age. S. 19(5) inserted by No. 89/1991 s. 5(1), amended by Nos 41/2020 s. 34(1), 46/2024 s. 28(1). (5) Subject to subsection (6), a person who holds a driver licence must have the driver licence document in the person's possession at all times while driving or in charge of a heavy vehicle or bus. Penalty applying to this subsection: 5 penalty units. S. 19(6) inserted by No. 89/1991 s. 5(1), amended by No. 41/2020 s. 34(2). (6) Subsection (5) does not apply in respect of a heavy vehicle or bus being used on a journey wholly within a radius of 80 kilometres from the place of business from which the heavy vehicle or bus normally operates. S. 19(7) inserted by No. 17/1994 s. 5, amended by Nos 1/2002 s. 9(1), 56/2013 s. 17(1)(2), 7/2019 s. 8(1)(2), substituted by No. 30/2021 s. 37, amended by Nos 34/2023 s. 42, 46/2024 s. 28(2).[[5]](#endnote-6) (7) A person to whom section 52 applies by way of section 52(1B), (1BB), (1BBB) or (1BBC) must have the person's driver licence document or learner permit document in their possession while driving or in charge of a motor vehicle. S. 19(7AA) inserted by No. 49/2014 s. 37(5), substituted by Nos 70/2016 s. 8, 7/2019 s. 8(3), repealed by No. 30/2021 s. 37. S. 19(7A) inserted by No. 56/2013 s. 17(3), amended by No. 49/2014 s. 36(2), repealed by No. 7/2019 s. 8(4), new s. 19(7A) inserted by No. 30/2021 s. 37, amended by No. 46/2024 s. 28(3). (7A) An interstate licence or permit holder who is subject to an interstate alcohol interlock requirement must have the person's interstate licence document or permit document in their possession while driving or in charge of a motor vehicle. S. 19(7B) inserted by No. 49/2014 s. 44, amended by No. 68/2017 s. 66(1), substituted by No. 49/2019 s. 101(2). (7B) A person who has been issued with a driver licence which authorises the person to drive a motor cycle must have the licence in their possession at all times while driving or in charge of a motor cycle during the period of 3 years from the first issue of that licence. S. 19(7C) inserted by No. 68/2017 s. 66(2). (7C) In calculating the period of 3 years referred to in subsection (7B), any period for which the person's driver licence has been suspended or for which the person has been disqualified from driving during that 3 year period must be excluded. S. 19(8) inserted by No. 81/2006 s. 16, amended by Nos 49/2014 s. 36(2), 46/2024 s. 28(4). (8) A person under the age of 26 years who holds a driver licence must have the driver licence document in the person's possession at all times while driving or in charge of a motor vehicle. Penalty applying to this subsection: 5 penalty units. S. 19(9) inserted by No. 46/2024 s. 28(5). (9) For the purposes of subsections (5), (7B) and (8), a person has a digital driver licence document in the person's possession if the person has in the person's possession an electronic device— (a) to which the digital driver licence document has been delivered using the software application approved under section 23AA; and (b) that is capable of displaying the person's current digital driver licence document. S. 19(10) inserted by No. 46/2024 s. 28(5). (10) For the purposes of subsection (7), a person has a digital driver licence document or digital learner permit document in the person's possession if the person has in the person's possession an electronic device— (a) to which the digital driver licence document or digital learner permit document has been delivered using the software application approved under section 23AA; and (b) that is capable of displaying the person's current digital driver licence document or digital learner permit document. S. 19(11) inserted by No. 46/2024 s. 28(5). (11) For the purposes of subsection (7A), a person has a licence or permit document in digital format in the person's possession if the person has in the person's possession an electronic device— (a) to which the licence or permit document in digital format has been delivered; and (b) that is capable of displaying the person's current licence or permit document in digital format. S. 19A inserted by No. 12/2006 s. 182 (as amended by No. 32/2006 s. 53(6)), amended by No. 5/2016 s. 36(Sch. 1 item 4), substituted by No. 47/2014 s. 296, amended by Nos 49/2019 s. 116(Sch. 1 item 38), 30/2021 s. 38.