13Exceptions to authorisation under regulation 12

13 Exceptions to authorisation under regulation 12

(1) A person who holds an appropriate non-Victorian licence or permit referred to in regulation 12 is not authorised, or ceases to be authorised, under that regulation if—

(a) the person has resided in Victoria for a period of 6 months or more; or

(b) the person is disqualified from driving a motor vehicle in Victoria or in another jurisdiction or another country; or

(c) the non-Victorian licence or permit is suspended; or

(d) the person is notified under subregulation (3) that the person is no longer authorised.

(2) Subregulation (1)(a) does not apply to a defence force member or eligible family member.

Reg. 13(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 4,5).

(3) If, in the Secretary's reasonable opinion—

(a) a person who is authorised under regulation 12 is not fit to drive a motor vehicle on a highway; or

(b) that person's ability to drive safely is impaired due to permanent or long-term injury or illness—

the Secretary must give the person written notice that the person is no longer authorised to drive a motor vehicle on a highway.

(4) The notice must state the following—

(a) the person is no longer authorised to drive a motor vehicle on a highway;

(b) the person must not drive a motor vehicle on a highway;

(c) the reasons the person is no longer authorised;

(d) any action that may be taken by the person to regain the authorisation and the date by which that action must be taken.

Reg. 13(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 5).

(5) Any non-Victorian licence or permit held by a person ceases to authorise the person to drive any category of motor vehicle on a highway if the person is required by the Secretary under section 27(1A) of the Act to undergo a test or assessment and the person has refused or failed to undergo the test or assessment or has not passed the test or assessment.

(6) For the purposes of subregulation (5), the person is disqualified from driving any category of motor vehicle on a highway until—

(a) if the person refused or failed to undergo the test or assessment—that person undergoes and passes the test or assessment; or

(b) if the person did not pass the test or assessment—that person undergoes a further test or assessment and passes the test or assessment; or

Reg. 13(6)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 5).

(c) the Secretary decides to grant the person a driver licence or learner permit.

(7) Any driver licence held by a person issued in another country ceases to authorise the person to drive any category of motor vehicle on a highway if the person applies for a driver licence and fails a practical driving test for a driver licence under the Act.