21Probationary driver licences

21 Probationary driver licences

S. 21(1) substituted by No. 5/1990 s. 5(1), amended by Nos 19/1991 s. 6(1), 89/1991 s. 6, substituted by Nos 17/1994 s. 6(1), 81/2006 s. 17(1).

(1) If a driver licence is granted to a person who has not previously held one, that licence must, unless the regulations otherwise provide, be granted on probation in accordance with the regulations, until the latest of—

S. 21(1)(b) amended by Nos 5/2016 s. 37(Sch. 2 item 3), 49/2019 s. 116(Sch. 1 item 41(a)).

(b) the date on which the person passes any appropriate tests or assessments that the Secretary requires him or her to pass to obtain a full driver licence; or

S. 21(1A) inserted by No. 5/1990 s. 5(1), amended by No. 46/2024 s. 29(1).

(1A) A person who holds a probationary driver licence must have the probationary driver licence document in the person's possession at all times while driving or in charge of a motor vehicle.

S. 21(1B) inserted by No. 46/2024 s. 29(2).

(1B) For the purposes of subsection (1A), 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. 21(2) amended by Nos 19/1991 s. 6(2), 89/1991 s. 17(3)(a)(b), 17/1994 s. 6(2), substituted by No. 81/2006 s. 17(2), amended by Nos 28/2009 s. 5, 49/2019 s. 116(Sch. 1 item 41(b)(i)).

(2) If a driver licence which is granted to a person on probation expires, or is cancelled by a court or the Secretary or by operation of this Act, before the completion of the full cumulative probationary period applicable to the holder of the licence and subsequently a new driver licence is granted to the person, that new licence must, unless the regulations otherwise provide, be granted on probation in accordance with the regulations, until the latest of—

S. 21(2)(b) amended by Nos 5/2016 s. 37(Sch. 2 item 3), 49/2019 s. 116(Sch. 1 item 41(b)(ii)).

(b) the date on which the person passes any appropriate tests or assessments that the Secretary requires him or her to pass to obtain a full driver licence; or

S. 21(3) repealed by No. 46/2002 s. 4, new s. 21(3) inserted by No. 81/2006 s. 17(2).

(3) Regulations for the purpose of this section may—

(a) provide for different classes of probationary driver licences depending on a person's age, experience or any other factor;

(b) provide for the period of probation in respect of each class of probationary driver licence;