4BMeaning of special driver

4B Meaning of special driver (1) For this Act, a person is a special driver if— (a) the person is not the holder of an Australian driver licence, an external territory driver licence or a foreign driver licence from a recognised country; or (b) the person holds a foreign driver licence that–– (i) is not issued under the law of a recognised country; or (ii) if the licence is issued under the law of a recognised country––is a licence that corresponds to a licence mentioned in paragraph (e); or (c) the person’s Australian driver licence or external driver licence is suspended; or (d) the person is disqualified from holding or obtaining an Australian driver licence by a court in Australia or under the law of any jurisdiction; or (e) the person holds a learner licence, provisional licence, probationary licence or restricted licence within the meaning given by the Road Transport (Driver Licensing) Act 1999, dictionary; or (f) the person is the holder of an Australian driver licence with an interlock condition or an equivalent condition under a corresponding law; or (g) the person is the holder of an Australian driver licence and is driving a motor vehicle of a kind that the person is not authorised to drive by the licence; or

(h) the person is the driver of— (i) a vehicle on which a sign, marking or placard is required to be displayed under the— (A) Dangerous Goods (Road Transport) Act 2009; or (B) Dangerous Substances Act 2004; or (C) Work Health and Safety Act 2011; or Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (ii) a motor vehicle with a GVM of more than 15t; or (iii) a combination with a GCM of more than 15t; or (iv) a public passenger vehicle; or (v) a light rail vehicle; or (i) the person is learning to drive a heavy vehicle; or (j) the person is a driving instructor who is with a driver for the purposes of— (i) driver instruction; or (ii) driver assessment; or (k) the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or (l) the person is a driving supervisor who is with a person who holds a learner licence (a learner driver) while the learner driver drives a motor vehicle that displays, or ought to display, L-plates (m) the person is with a driver of a light rail vehicle and is— (i) instructing the driver how to drive a light rail vehicle; or (ii) assessing the driver’s suitability to drive a light rail vehicle.

(2) However, subsection (1) (a) does not apply to a person who is exempted from holding a driver licence under the Road Transport (Driver Licensing) Act 1999. (3) In this section: Austroads––see the Road Transport (Driver Licensing) corresponding law––see the Road Transport (Driver Licensing) driver assessment—see the Road Transport (Driver Licensing) driver instruction—see the Road Transport (Driver Licensing) driving instructor—see the Road Transport (Driver Licensing) driving supervisor—see the Road Transport (Driver Licensing) Regulation 2000, section 21 (1). heavy vehicle—see the Heavy Vehicle National Law (ACT), heavy vehicle driver assessor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary. interlock condition––see the Road Transport (Driver Licensing) Regulation 2000, section 73W. public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary. recognised country––see the Road Transport (Driver Licensing) Regulation 2000, section 141.