Road Transport (Driver Licensing) Regulation 2000

88A Public vehicle licence––licence taken to be cancelled if holder no longer eligible 136

88B Public vehicle licence––licence holder to give information about visa status 137

Page contents 8 Road Transport (Driver Licensing) Regulation 2000 Division 5.3 Replacement of driver licences and public vehicle driver authority cards 89 Procedure to replace driver licence or public vehicle driver authority card 138 90 Damaged licences and public vehicle driver authority cards of no effect 140 90A Public vehicle licence guidelines—relevant offences 140 90B Relevant health practitioners to report impaired fitness to drive—Act, s 28 (2) (e) 141 Part 6 Interstate drivers, overseas drivers and other drivers 91 Meaning of automatic disqualifying circumstance 144 92 Non-ACT licence holders to hold driver licence in certain circumstances 145 93 Exemption by authority from requirement to hold licence 146 94 Exemption of overseas drivers—Act, s 31 (1) (b) 146 94A Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b) 148 95 Exemption of drivers of vehicles used for agricultural work 148 96 Exemption of drivers of certain vehicles used for primary production 149 97 Exemption of drivers of self-propelled elevated work platforms 149 98 Exemption of drivers of golf and green keeping vehicles 150 98A Exemption of drivers of light rail vehicles—Act, s 31 (1) (b) 151 99 Other exemptions from requirement to hold driver licence 151 99A Police motorcycle riders—licence eligibility requirement and exemptions—Act, s 28 (2) 153 99B Police officers—full licence manual transmission—Act, s 28 (2) 154 100 Production of English translation of foreign driver licence to police officer etc 154 Division 6.3 When visiting interstate licence holders cannot drive 101 When holders of interstate licences cannot drive 154

Page contents 9 Division 6.4 Disqualification of interstate and overseas licence holders 102 When authority may disqualify interstate and overseas licence holders from driving in ACT 155 103 Procedure to disqualify holders of interstate or external licences from driving 156 Division 6.5 Overseas driver licence holders – eligibility for 103AA Overseas drivers––eligibility criteria 158 Part 7 Accreditation of driving instructors and heavy vehicle driver assessors 103A Meaning of accreditation—pt 7 161 104 Eligibility to apply for accreditation 161 104A Required training for accreditation 163 105 Application procedure for accreditation 163 106 When applications for accreditation can be refused 164 107 Accreditation and certificates of accreditation 165 107A Replacement of certificate of accreditation 166 108 Display of certificate of accreditation—driving instructor 167 108A Display of certificate of accreditation—heavy vehicle driver assessor 167 108B Production of certificate of accreditation 168 109 Surrender of accreditation 169 Division 7.2 Suspension, cancellation and other action in relation to accreditation 110 Automatic suspension or cancellation of accreditation 169 111 When authority may take action in relation to accreditation 169 112 Procedures for authority taking action in relation to accreditation 170 113 Return of certificate of accreditation 172 114 Use of vehicle for instruction 173 114A Restrictions on dual accelerator vehicles 173 115 Liability insurance compulsory 174

Page contents 10 Road Transport (Driver Licensing) Regulation 2000 115A Police officer or authorised person may require evidence of liability insurance 174 117 Pretending to be accredited 175 118 Code of practice for instructors and assessors 175 119 Approval of assessment standards 176 119A Heavy vehicle driver assessor authorised for lower licence classes 177 120 Tests and medical examinations of driving instructors etc 177 121 Authority may require instructor or assessor to undertake training 178 122 Approval of training courses 179 122A Accreditation guidelines—relevant offences 179 Division 8.1 Demerit points—learner and provisional licences 123 Demerit points incurred by applicants for issue or renewal of learner or provisional licences 181 124 Demerit points incurred by learner and provisional licence holders 182 125 Notice of licence suspension for demerit points incurred by learner and provisional licence holders 183 126 Demerit points incurred by applicants for issue or renewal of additional provisional classes 184 127 Demerit points incurred by holders of licences with additional provisional class 186 128 Notice of suspension of additional provisional class 187 129 Demerit points incurred by applicants for restricted licences 188 130 Demerit points incurred by restricted licence holders 188 131 Demerit points incurred by applicants for or holders of probationary licences 190 132 Demerit points incurred by probationary licence holders 191 133 Notice of licence cancellation for demerit points incurred by probationary licence holders 192

Page contents 11 Division 8.5 Demerit points—other provisions for this part 134 Demerit points—points incurred but not taken into account for notices under pt 8 193 135 Demerit points—pt 8 not affected by suspension etc under another law 194 136 Demerit points—notices under pt 8 194 137 Demerit points—notices under Act, div 2.3 195 137A Demerit points—effect of withdrawal of infringement notice 195 138 Demerit points register—inspection 197 Part 8A Protection of photographs and signatures 138A Use of photographs by road transport authority—Act, s 36 (1) (g) 198 138B Disclosure of photographs and signatures by road transport authority—Act, s 37 (1) (g) 198 138C Verifying eligibility requirement falsely etc 200 139 Home address and addresses for service 200 140 Acting through and for corresponding licensing authorities 200 141 Meaning of recognised country 201 Part 12 Transitional—Road Transport (Driver Licensing) Amendment Regulation 2024 (No 1) 183 Meaning of commencement day—pt 12 202 184 Effect of existing appointments of authorised medical reviewer 202 185 Application of s 90B 202 186 Expiry—pt 12 203 Dictionary 204 1 About the endnotes 217 2 Abbreviation key 217

Page contents 12 Road Transport (Driver Licensing) Regulation 2000 3 Legislation history 218 4 Amendment history 230 5 Earlier republications 260 6 Expired transitional or validating provisions 265

1 Name of regulation This regulation is the Road Transport (Driver Licensing) Regulation 2000.

2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘infringement notice—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘infringement notice’ is defined in that dictionary and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note in this regulation is explanatory and is not part of the section. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1): • s 11A (Unauthorised use of L-plates) • s 11B (Unauthorised use of P-plates)

Preliminary Part 1 • offences against div 3.2 (Learner licences) • offences against div 3.3 (Provisional licences) • s 64B (Return of public vehicle driver authority card) • offences against pt 3A (Alcohol ignition interlock devices) • s 88A (Public vehicle licence—licence taken to be cancelled if holder no longer eligible) • s 88B (Public vehicle licence—holder to give information about visa status) • s 108 (Display of certificate of accreditation—driving instructor) • s 108A (Display of certificate of accreditation—heavy vehicle driver assessor) • s 108B (Production of certificate of accreditation) • s 114A (Restrictions on dual accelerator vehicles) • s 115 (Liability insurance compulsory) • s 115A (Police officer or authorised person may require evidence of liability insurance). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5 Basic kinds of driver licence (1) The road transport authority may issue driver licences of the following kinds under this regulation: (a) learner licences; (b) provisional licences; (c) full licences; (d) restricted licences; (e) probationary licences. Note Section 6 deals with the other kinds of driver licences, namely, conditional and public vehicle licences. (2) For this regulation, a full licence is an Australian driver licence that is not a learner, provisional, restricted or probationary licence. Note Learner licence, provisional licence, restricted licence, and probationary licence are defined in the dictionary to the Act as follows: learner licence means an Australian driver licence issued to a person under the law of any jurisdiction that authorises the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive. provisional licence means an Australian driver licence issued as a provisional licence, but does not include an Australian driver licence that includes an additional provisional class merely because it includes the additional provisional class. restricted licence means an Australian driver licence, issued under the authority of a court in Australia, that authorises the holder to drive only in the course of his or her employment or in other restricted circumstances. probationary licence means— (a) a driver licence, other than a learner licence, issued under this Act to a person who applies for a driver licence after a period of disqualification (whether or not by court order) from holding or obtaining an Australian driver licence; or

(b) a driver licence issued with an interlock condition under the Road Transport (Driver Licensing) Regulation 2000, s 73W; or (c) an equivalent Australian driver licence issued under a corresponding law.

6 Conditional and public vehicle licences (1) A full licence may also be issued as, or may be varied to become also, a conditional licence, a public vehicle licence or both. (2) A learner, restricted, probationary or provisional licence may also be issued as, or may be varied to become also, a conditional licence. Note Conditional licence and public vehicle licence are defined in the Act, dictionary as follows: • conditional licence means an Australian driver licence that is subject to a condition imposed by the road transport authority or the licensing authority of another jurisdiction; and • public vehicle licence means a driver licence that authorises the person to drive a public vehicle for hire or reward.

7 Driver licence classes, class codes and class short descriptions (1) A driver licence must include 1 or more of the classes mentioned in table 7 (the driver licence classes). Note Section 9 explains the kinds of motor vehicles that each driver licence class authorises the holder to drive. (2) A provisional, full, restricted or probationary licence may include any of the driver licence classes. (3) A learner licence may include only the following driver licence classes: (a) motorcycle licence; (b) car licence. (4) The class or classes held by the holder of a driver licence are indicated by a code or codes shown on the licence.

(5) The code for each driver licence class is set out in table 7. If a driver licence is issued to a person for the motorcycle and car licence classes, the driver licence will show the codes R and C. (6) In certain circumstances, a class may be shown on a driver licence as an additional provisional class. (7) A driver licence of a particular class may be referred to using the appropriate short description mentioned in table 7. Table 7 Driver licence classes classes codes short descriptions motorcycle licence R class R licence car licence C class C licence light rigid vehicle licence LR class LR licence medium rigid vehicle licence MR class MR licence heavy rigid vehicle licence HR class HR licence heavy combination vehicle licence HC class HC licence multi-combination vehicle licence MC class MC licence

8 Driver licence class hierarchy (1) For this regulation, the order of the driver licence classes, from the lowest to the highest, is as follows: 1 car licence 2 light rigid vehicle licence 3 medium rigid vehicle licence 4 heavy rigid vehicle licence 5 heavy combination vehicle licence

6 multi-combination vehicle licence. Note The driver licence class hierarchy is used in working out, under s 9, the kinds of motor vehicles that the holder of a driver licence is authorised to drive. (2) A motorcycle licence is not part of the driver licence class hierarchy.

9 Vehicles authorised to be driven by licence classes (1) A driver licence of a particular driver licence class authorises the holder to drive a motor vehicle— (a) of a kind covered by that driver licence class; or (b) of a kind covered by any lower class in the driver licence class hierarchy in section 8 (1). (2) The kinds of motor vehicles covered by each driver licence class are set out in table 9. (3) However, this section does not authorise the holder of a driver licence— (a) to drive a motor vehicle otherwise than in accordance with any conditions, restrictions or qualifications to which the driver licence is subject; or (b) to drive a motor vehicle in contravention of the Heavy Vehicle National Law (ACT); or (c) to drive a public vehicle for hire or reward unless the licence is also a public vehicle licence authorising the person to drive a public vehicle of that kind. (4) A diagram of something in table 9 is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimensions of any part of it (or its comparative size in relation to something else).

Table 9 Licence class authorisations item

1 Motorcycle licence (class R licence) 1.1 A motorbike. 1.2 A motorbike towing a single trailer designed to be towed by a motorbike. Example of vehicle that may be ridden by holder of motorcycle licence 2 Car licence (class C licence) 2.1 A motor vehicle (other than a motorbike) with a GVM not over 4.5t that is constructed or equipped to seat not more than 12 adults 2.2 A tractor or implement. 2.3 A motor vehicle mentioned in subitem 2.1 or 2.2 that is towing a single trailer with a GVM not over 9t 2.4 However, this class does not cover a motor vehicle that is towing— Examples of vehicles that may be driven by holder of car licence

item 3 Light rigid vehicle licence (class LR licence) 3.1 A motor vehicle with a GVM over 4.5t, but not over 8t. 3.2 A motor vehicle with a GVM not over 8t that is constructed or equipped to seat more than 12 adults (including the driver). 3.3 A motor vehicle mentioned in subitem 3.1 or 3.2 that is towing a single trailer with a GVM not over 9t. 3.4 However, this class does not cover a motor vehicle that is towing— Examples of vehicles that may be driven by holder of light rigid vehicle 4 Medium rigid vehicle licence (class MR licence) 4.1 A motor vehicle with 2 axles and a GVM over 8t. 4.2 A motor vehicle mentioned in subitem 4.1 that is towing a single trailer with a GVM not over 9t. 4.3 However, this class does not cover a motor vehicle that is towing— Examples of vehicles that may be driven by holder of medium rigid vehicle

item 5 Heavy rigid vehicle licence (class HR licence) 5.1 A rigid motor vehicle with 3 or more axles and a GVM over 8t. 5.2 An articulated bus with 3 or more axles and a GVM over 8t. 5.3 A motor vehicle mentioned in subitem 5.1 or 5.2 that is towing a single trailer with a GVM not over 9t. 5.4 However, this class does not cover a motor vehicle that is towing— Examples of vehicles that may be driven by holder of heavy rigid vehicle 6 Heavy combination vehicle licence (class HC licence) 6.1 A prime mover to which is attached a single semitrailer plus any unladen converter dolly. 6.2 A rigid motor vehicle to which is attached a trailer with a GVM over 9t plus any unladen converter dolly. Examples of vehicles that may be driven by holder of heavy combination vehicle licence

item 7 Multi-combination vehicle licence (class MC licence) Any motor vehicle or combination, other than a motorbike. Examples of vehicles that may be driven by holder of multi-combination vehicle licence

10 Driver licence condition codes (1) The conditions imposed by the road transport authority on a driver licence (if any) must be indicated by a code shown on the licence. (2) The codes are set out in table 10. Table 10 Driver licence condition codes item licence condition code 1 The licence holder must drive only a motor vehicle fitted with automatic transmission. A 2 If the licence holder is the driver of a motor vehicle of a kind for which a light rigid vehicle licence or driver licence of a higher class is required, the vehicle must be fitted with a synchromesh transmission or automatic transmission. B 3 If the licence holder is the rider of a motorbike, it must be of restricted engine capacity as notified in writing by the road transport authority to the holder. E 4 The licence holder must drive only a motor vehicle with an alcohol ignition interlock device. I 5 The licence holder must wear corrective lenses at all times while driving. S

item licence condition code 6 The licence holder must drive only a motor vehicle fitted with driver aids, or modified, as notified in writing by the road transport authority to the holder. V 7 The licence holder must comply with any condition of which the holder has been notified in writing by the road X 8 The licence holder must not drive a motor vehicle if the holder has a concentration of alcohol of more than 0g in 100mL of blood or 210L of breath. Z

10A Learning to drive manual transmission vehicles (1) This section applies to a person who is the holder of a driver licence that is subject to the condition shown by the driver licence condition code A (which requires the person to drive only a motor vehicle fitted with automatic transmission). (2) The person may drive a motor vehicle with a manual transmission, of a kind that the person’s licence authorises the person to drive, if— (a) the seat next to the person is occupied by a person who holds a full licence that authorises the person to drive the motor vehicle; and (b) L-plates are conspicuously displayed, the correct way up, at the front and rear of the vehicle or on its roof, and are clearly visible from ahead of and behind the vehicle. (3) Subsection (2) (b) does not apply if the person— (a) is a police trainee undertaking recruit training or assessment; and (b) is driving a police vehicle.

11 Public vehicle licence codes and vehicles authorised to be ridden or driven (1) The kinds of public vehicle authorised to be ridden or driven for hire or reward by the holder of a public vehicle licence are indicated by a code or codes shown on the licence as a condition. (2) The codes, and the kinds of public vehicles covered by each code, are set out in table 11. (3) For subsection (1), a person who holds a public vehicle licence with— (a) an O code is also authorised to drive, for hire or reward, a demand responsive service vehicle that is a bus; and (b) a T, H, or W code is also authorised to drive, for hire or reward, a demand responsive service vehicle that seats 9 adults or less demand responsive service vehicle—see the Road Transport (Public Passenger Services) Act 2001, section 81. Table 11 Public vehicle licence codes item kind of public vehicle code 1 public bus O 2 taxi T 3 rideshare vehicle D 4 hire car (other than restricted hire car) that is not a motorbike H 5 restricted hire car that is not a motorbike W 6 hire car (including a restricted hire car) that is a motorbike M

11A Unauthorised use of L-plates (1) A person commits an offence if the person— (a) drives a vehicle on a road or road related area; and (b) displays on the vehicle an L-plate, or something that could reasonably be taken to be an L-plate; and (c) is not required to display the plates under— (i) section 10A (Learning to drive manual transmission vehicles); or (ii) section 19 (Restrictions on learner motorcycle licence riders); or (iii) section 20 (Restrictions on learner car licence drivers); or (iv) section 33 (Heavy vehicle learners); or (v) a corresponding law of another jurisdiction. (2) Subsection (1) does not apply to a person driving a motor vehicle owned or operated by a driving instructor. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

11B Unauthorised use of P-plates (1) A person commits an offence if the person— (a) drives a vehicle on a road or road related area; and (b) displays on the vehicle a P-plate, or something that could reasonably be taken to be a P-plate; and

(c) is not required to display the plates under— (i) section 28 (Provisional motorcycle licence restrictions— ACT licences); or (ii) section 30 (Provisional licence condition—display P-plate); or (iii) a corresponding law of another jurisdiction.

12 Form of driver licences (1) A driver licence (including a driver licence receipt) must show— (a) the licence number allocated to the person to whom it is issued; and (b) the person’s full name; and (c) for a driver licence only—a photograph of the person that complies with any standards determined under subsection (7); and (d) the person’s date of birth; and (e) the person’s home address; and (f) for a driver licence only—the person’s signature (or a reproduction of the signature); and (g) the code of the class or classes of driver licence held by the person, as set out in table 7 (Driver licence classes); and (h) the expiry date of the licence; and (i) if the licence shows a class as an additional provisional class— the date the class ceases to be a provisional class; and

(j) if the licence is also a conditional licence—the driver licence condition code for each condition imposed by the road transport authority to which the licence is subject, as set out in table 10 (Driver licence condition codes); and (k) if the licence is also a public vehicle licence—the code of each kind of public vehicle that the person is authorised to drive for hire or reward, as set out in table 11 (Public vehicle licence codes). (2) However, the road transport authority may issue a driver licence— (a) without a photograph, and with the space on the licence for the photograph marked ‘Valid without photo’, if— (i) in the authority’s opinion it is impractical for the person to go to a place designated by the authority to have a photograph taken; and (ii) the person cannot provide a photograph that the authority considers is suitable for use on a driver licence; and (b) with a different address, if the licence is for one of the following people: (i) a judicial officer; (ii) the director of public prosecutions or a staff member mentioned in the Director of Public Prosecutions Act 1990, section 30; (iii) a police officer, if the driver licence register shows that information relating to the officer’s home address is suppressed; (iv) a person who has the same home address as a person mentioned in subparagraph (i), (ii) or (iii).

(3) If the person to whom a driver licence is issued holds 2 or more classes of driver licence included in the driver licence class hierarchy, the code of the highest of those classes only need be shown on the (4) A driver licence must be colour coded as follows: (a) learner licence—green; (b) provisional licence—red; (c) full licence—gold; (d) restricted licence—blue; (e) probationary licence—blue. (5) However, a full heavy rigid vehicle, heavy combination vehicle or multi-combination vehicle licence may be coloured magenta. (6) If a driver licence shows a code mentioned in subsection (1), the licence must include a note to the effect that the meaning of the code can be found out by asking the road transport authority. (7) The road transport authority may determine standards for subsection (1) (c). (8) A determination is a notifiable instrument. (9) Subsections (4) and (5) do not apply to a driver licence receipt. (10) In this section: judicial officer means a judge, a magistrate, a registrar of the Supreme Court or Magistrates Court, the chief executive officer appointed under the Court Procedures Act 2004, section 11A (1) or the president of the ACAT. president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

13 Driver licence receipts (1) The road transport authority may issue a driver licence receipt to a person as an interim measure until the driver licence to which the receipt relates is issued to the person. (2) However, subsection (1) does not limit the circumstances in which the road transport authority may issue a driver licence receipt. (3) A driver licence receipt ceases to be in force on the earlier of the (a) the expiry date indicated on the receipt; (b) the day the person receives the licence for which the receipt was issued.

14 Driver licence register Note The road transport authority has the function of keeping the driver licence register (see Act, s 6 (b)). (1) The road transport authority must record the following matters in the driver licence register in relation to each driver licence it issues: (a) the licence number allocated to the person to whom the licence is issued; (b) the person’s full name; (c) the person’s sex and date of birth; (d) the person’s home address and, if applicable, address for service of notices; (e) the class or classes of driver licence held by the person; (f) the commencement and expiry dates of the licence; (g) if the licence shows a learner licence as an additional class—the expiry date of the class;

(h) if the licence shows a class as an additional provisional class— the date the class ceases to be a provisional class; (i) if the licence is also a conditional licence—the conditions imposed by the road transport authority to which the licence is subject; (j) if the licence is also a public vehicle licence— (i) the kinds of public vehicles that the holder is authorised to drive for hire or reward; and (ii) if the holder is a temporary resident who holds a visa allowing the holder to work as a public vehicle driver—the date the visa expires. (2) The holder of a driver licence may— (a) inspect information in the driver licence register about the holder; and (b) obtain a certificate of any of that information.

Part 3 Learner licences, provisional licences and heavy vehicle learner licences

15 Driver training course providers—approval (1) A person may apply to the road transport authority for approval to provide training for any of the following: (a) people who wish to apply for a learner licence (a pre-learner licence training course); (b) people who wish to complete a training course to satisfy a stated number of required driving hours (a learner licence training course); (c) people who wish to apply for a learner motorcycle licence (a pre-learner rider training course); (d) people who wish to apply for a provisional motorcycle licence (a pre-provisional rider training course); (e) drivers of vehicles that may be driven by the holder of a multi-combination vehicle licence (a heavy vehicle driver training course). (2) An application must— (a) be in writing; and (b) state the course to which the application relates; and (c) include details of the following: (i) the applicant’s knowledge and skills to provide the training; (ii) the place training is to be provided;

Licence training courses Division 3.1 (iii) the equipment to be used to conduct the training; (iv) the cost of the course to be provided; (v) how the course will accommodate people from non-English speaking backgrounds or with special needs. (3) The road transport authority may, by written notice, request an applicant give the authority further information that the authority reasonably requires to decide the application. (4) The road transport authority— (a) may approve an application only if satisfied that the person is suitable to provide the course applied for; and (b) need not decide an application if the applicant has not complied with a request under subsection (3). (5) An approval— (a) may be subject to conditions; and (b) must be for a period not longer than 5 years; and (c) if the approval is for a learner licence training course—must state the number of required driving hours satisfied by successful completion of the course. (7) An approval is a notifiable instrument. (8) In this section: required driving hours—see section 22 (3) (c).

16 Eligibility to apply for learner licence issue of a learner motorcycle or car licence, or the variation of a driver licence to include a learner motorcycle or car licence, if the person— or (3) for the class of learner licence to which the application relates; or (2) The eligibility requirements for a learner motorcycle licence are that (a) is at least 16 years 9 months old; and (b) has successfully completed— (i) an approved pre-learner rider training course within the 1-month period before the day the person applies for the (ii) an approved pre-learner licence training course within the 2-year period before the day the person applies for the (3) The eligibility requirements for a learner car licence are that the person— (a) is at least 15 years 9 months old; and (b) has successfully completed an approved pre-learner licence training course within the 2-year period before the day the person applies for the licence.

Learner licences Division 3.2 (4) Subsection (2) (b) (ii) and subsection (3) (b) do not apply if the person holds a driver licence of a different class.

17 Issue of learner licences (1) If the road transport authority approves an application by a person for the issue of a learner motorcycle or car licence, the authority must issue a learner licence of that class to the person. Note 1 Section 69 deals with the application procedure and s 70 sets out when Note 2 If a person applies for a licence for which the person is not eligible to (2) If the road transport authority approves an application by a person for the variation of a driver licence to include a learner motorcycle or car licence, the authority must issue a driver licence that includes that class to the person.

18 Duration of learner licences (1) A learner motorcycle licence must be issued for 1 year. (2) Any other learner licence must be issued for 5 years. (3) A driver licence issued to a person under section 17 (2), other than the learner licence included in the licence, must be issued for the remainder of the period of the driver licence that it replaces.

19 Restrictions on learner motorcycle licence riders (1) The holder of a learner motorcycle licence must not ride a motorbike on a road or road related area if the motorbike— (a) has a power-to-weight ratio over 150kW/t; or (b) is towing another vehicle (including a trailer).

(2) The holder of a learner motorcycle licence must not ride a motorbike on a road or road related area unless an L-plate is conspicuously displayed, the correct way up, at the rear of the motorbike, and is clearly visible from behind the motorbike. (3) The holder of a learner motorcycle licence must not ride a motorbike on a road or road related area if the motorbike is carrying a pillion passenger. (4) The holder of a learner motorcycle licence (the learner rider) must not ride a motorbike on a road or road related area if the motorbike is carrying a passenger in a sidecar attached to the motorbike (the sidecar passenger). (5) The sidecar passenger must— (a) supervise the learner rider’s riding of the motorbike; and (b) take all reasonable precautions to prevent a contravention of the road transport legislation by the learner rider. (6) Subsection (4) does not apply if the sidecar passenger holds a full motorcycle licence. (7) Subsection (5) does not apply to an authorised person testing or assessing the learner rider’s riding ability. (8) An offence against this section is a strict liability offence.

Learner licences Division 3.2

20 Restrictions on learner car licence drivers (1) The holder of a learner car licence must not drive a motor vehicle that is towing another vehicle on a road or road related area unless the other vehicle is a trailer with a GVM not over 750kg. (2) The holder of a learner car licence must not drive a motor vehicle on a road or road related area unless L-plates are conspicuously displayed, the correct way up, at the front and rear of the vehicle or on its roof, and are clearly visible from ahead of and behind the vehicle. (3) The holder of learner car licence (the learner driver) must not drive a motor vehicle on a road or road related area unless the seat next to the learner driver is occupied by a driving supervisor. (4) The driving supervisor must— (a) supervise the learner driver’s driving of the motor vehicle; and (b) take all reasonable precautions to prevent a contravention of the road transport legislation by the learner driver. (5) Subsection (4) does not apply to a driving supervisor if— (a) the driving supervisor is a driving instructor or authorised person; and (b) the supervisor is conducting— (i) driver assessment; or (ii) competency-based driver assessment. (6) An offence against this section is a strict liability offence.

motor vehicle does not include a motorbike.

21 Definitions—div 3.3 P1 licence conditions, in relation to a provisional car licence, means each of the following: (a) a condition or restriction applying to a provisional car licence under this division; (b) a condition that the person display the P-plates for the P1 licence conditions under section 30; (c) a restriction on passengers under section 31. P2 licence conditions, in relation to a provisional car licence, means each of the following: (a) a condition or restriction applying to a provisional car licence under this division; (b) a condition that the person display the P-plates for the P2 licence conditions under section 30.

22 Eligibility to apply for provisional licence issue of a provisional motorcycle or car licence, or the variation of a driver licence to include a provisional motorcycle or car licence, if or (3) for the class of licence to which the application relates; or

(2) The eligibility requirements for a provisional motorcycle licence are that the person— (a) is at least 17 years old; and (b) has at any time held a learner motorcycle licence for at least 3 months; and (c) has successfully completed an approved pre-provisional rider training course in the 1-month period before the day the person applies for the licence. (3) The eligibility requirements for a provisional car licence are that— (a) the person is at least 17 years old; and (b) the person has at any time held a learner car licence for— (i) if the person was 25 years old or older at the time the licence was issued or renewed—6 months; or (ii) in any other case—12 months; and (c) the road transport authority is satisfied the person has successfully completed the following hours of driving while holding a learner car licence (the required driving hours): (i) if the person was 25 years old or older at the time the licence was issued or renewed—50 hours driving, including 5 hours driving at night; (ii) in any other case—100 hours driving, including 10 hours driving at night; and

(d) the road transport authority is satisfied the person has successfully completed a hazard perception test— (i) in accordance with section 23; or (ii) under the law of another jurisdiction; and (e) the person has successfully completed— (i) driver assessment administered by an authorised person; or (ii) competency-based driver assessment administered by a driving instructor. (4) A person may, after holding a learner car licence for 3 months, complete an approved learner licence training course to satisfy a stated number of required driving hours.

23 Hazard perception test (1) The road transport authority must provide a test to determine a person’s ability to recognise potentially dangerous situations on a road (a hazard perception test). (2) A hazard perception test may only be completed if the person— (a) holds a learner car licence; and (b) has held the licence for more than 3 months.

24 Issue of provisional licences (1) This section applies if the road transport authority approves an application by a person for the issue of a provisional licence of a particular class. (2) The road transport authority must issue a provisional licence of the class applied for.

(3) A provisional car licence issued under this section is subject to— (a) if the person is younger than 25 years old at the time the licence is issued—the P1 licence conditions; or (b) if the person is 25 years old or older at the time the licence is issued—the P2 licence conditions. Note 1 Section 69 deals with the application procedure and s 70 sets out when an application can be refused. Note 2 If a person applies for a licence for which the person is not eligible to Note 3 This section is subject to s 52 (When probationary licence must be issued).

25 Duration of provisional licences (1) A provisional motorcycle licence must be issued to a person for— (a) if the person has never held a provisional motorcycle licence— 3 years; or (b) if the person holds, or has at any time held, a provisional motorcycle licence—the difference between 3 years and the period the person has held a provisional motorcycle licence. (2) A provisional licence (other than a provisional motorcycle licence) must be issued to a person for— (a) if the person has never held a provisional licence (other than a provisional motorcycle licence)—3 years; or (b) if the person holds, or has at any time held, a provisional licence (other than a provisional motorcycle licence)—the difference between 3 years and the period the person has held any such provisional licence.

(3) If a provisional licence is issued subject to the P1 licence conditions— (a) the conditions cease to apply after the licence has been held for 12 months; and (b) the P2 licence conditions apply for the remaining period of the (4) Subsections (1) and (2) do not apply to a class of licence included as an additional provisional class in a driver licence. provisional licence of the relevant class or a higher class is counted. Note 3 A motorcycle licence is not part of the driver licence class hierarchy (see s 8 (2)).

26 When additional class to be included as provisional class (1) If— holder of a motorcycle licence for the variation of the licence to include another class as an additional class; and (b) the person has not satisfied the eligibility requirement for the inclusion of the other class as an additional class; the authority must include the other class as an additional provisional class. Note See s 42 for eligibility to apply for an additional class.

(2) If— holder of a driver licence (other than a motorcycle licence) for the variation of the licence to include a motorcycle licence as an additional class; and (b) the person has not satisfied the eligibility requirement for the inclusion of the motorcycle licence as an additional class; the authority must include the motorcycle licence as an additional provisional class. Note The provisional licence requirement for a motorcycle licence is set out in s 22.

27 Duration of additional provisional classes (1) If another class is included as an additional provisional class in a motorcycle licence (including a provisional licence) held by a person, the other class is an additional provisional class for— (a) if the person has never held a provisional licence (other than a motorcycle licence)—1 year; or (b) if the person holds, or has at any time held, a provisional licence (other than a motorcycle licence)—the difference between 1 year and the period the person has held any such provisional provisional licence of the relevant class or a higher class is counted. Note 3 See s 43 and s 44 for the issue and duration of driver licences with an additional class.

(2) If a motorcycle licence is included as an additional provisional class in another driver licence (including a provisional licence) held by a person, the motorcycle licence is an additional provisional class for— (a) if the person has never held a provisional motorcycle licence— 1 year; or (b) if the person holds, or has at any time held, a provisional motorcycle licence—the difference between 1 year and the period the person has held a provisional motorcycle licence. provisional motorcycle licence is counted. probationary motorcycle licence is also counted. Note 3 A motorcycle licence is not part of the driver licence class hierarchy (see s 8 (2)) and has no higher class.

28 Provisional motorcycle licence restrictions—ACT motorcycle licence issued by the road transport authority. (2) The provisional motorcycle licence is subject to the condition that the person must not ride a motorbike unless a P-plate is conspicuously displayed, the correct way up, at the rear of the motorbike, and is clearly visible from behind the motorbike. Note 1 A condition applies while the person is riding on a road or road related area in the ACT or another jurisdiction (see s 61). Note 2 It is an offence for the holder of a driver licence to contravene, without (3) The provisional motorcycle licence is also subject to the condition that the person must not ride a motorbike that— (a) has a power-to-weight ratio over 150kW/t; or

(b) is carrying a pillion passenger. (4) However, subsection (3) does not apply if the person has held a provisional motorcycle licence for at least 1 year.

29 Provisional motorcycle licences—towing restrictions motorcycle licence (including a licence issued under a corresponding law). (2) The person must not ride a motorbike on a road or road related area if the motorbike is towing another vehicle (including a trailer). (3) However, subsection (2) does not apply to the person if the person has held a provisional motorcycle licence for at least 1 year. provisional motorcycle licence is counted. probationary motorcycle licence is also counted. (4) An offence against this section is a strict liability offence.

30 Provisional licence condition—display P-plate licence (other than a provisional motorcycle licence) issued by the road transport authority. (2) The person must not drive a motor vehicle (other than a motorbike) unless P-plates for the relevant provisional licence conditions to which the person’s licence are subject, are conspicuously displayed, the correct way up, at the front and rear of the motor vehicle or on its roof, and clearly visible from ahead of and behind the vehicle.

(3) Subsection (2) does not apply to a person if the person is— (a) a police trainee undertaking recruit training or assessment; and (b) driving a police vehicle.

31 Provisional licence passenger restrictions for cars—ACT (1) The holder of a provisional car licence subject to the P1 licence conditions must not drive a motor vehicle (other than a motorbike) at any time between 11 pm on one day and 5 am on the following day with more than 1 peer-aged passenger who is not a family member in the vehicle. (2) Subsection (1) does not apply if the person is— (a) a police trainee— (i) undertaking recruit training or assessment; and (ii) driving a police vehicle; or (b) is driving the motor vehicle— (i) to or from an educational institution for the purpose of education; or (ii) to or from a place of their employment; or (iii) in the course of their employment. family member— (a) includes— (i) step-parent; or (ii) stepson or stepdaughter; or (iii) sibling; or

(iv) uncle or aunt; or (v) nephew, niece or cousin; and (b) for an Aboriginal or Torres Strait Islander person—includes a person who is, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community, a family member. peer-aged passenger means a person aged between 16 and 22 years old.

32 Provisional car licences—towing restrictions (1) This section applies to a person who is the holder of a provisional car licence (including a licence issued under a corresponding law). (2) The person must not drive a motor vehicle of a kind that may be driven by the holder of a car licence on a road or road related area if the vehicle is towing— (a) a vehicle other than a trailer; or (b) a trailer with a GVM over 750kg. (3) Subsection (2) does not apply to the person if the person has held a provisional car licence, or a provisional licence of a higher class, for at least 1 year. provisional car licence is counted. probationary car licence is also counted. (4) An offence against this section is a strict liability offence.

Division 3.4 Heavy vehicle learner and licence eligibility

33 Heavy vehicle learners (1) This section applies to a person who is the holder of an Australian driver licence that— (a) authorises the person to drive a motor vehicle (other than a motorbike); and (b) is not a learner or restricted licence. (2) The person may drive a motor vehicle for which a higher class of driver licence is required. (3) While driving the motor vehicle on a road or road related area, the person is exempt under the Act, section 31 (1) (b) from the requirement to hold the higher class of licence if— (a) the person satisfies the eligibility requirements for the higher class of licence, other than the requirement in section 34 (2); and (b) the person (the driver) is accompanied by, and is receiving instruction from, a person (the instructor) who is the holder of a full licence of the higher class and has held the licence for at least 1 year; and (c) the driver and instructor are the only people in or on the vehicle; and (d) L-plates are conspicuously displayed, the correct way up, at the front and rear of the vehicle or on its roof, and are clearly visible from ahead of and behind the vehicle. (4) Subsection (3) (b) and (c) do not apply during a test or assessment of the driver’s driving ability conducted by an authorised person or heavy vehicle driver assessor. Note 1 If the learner driver holds a provisional licence, the vehicle is also required to display P-plates (see s 30).

Heavy vehicle learner and licence eligibility Division 3.4 Note 2 If a person who is learning to drive a heavy vehicle does not comply with s (3) (a) to (d), the person commits an offence (see Act, s 31 (1)). Note 3 However, the offences in relation to s (3) (a) to (d) do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.). Note 4 Also, the offences in relation to s (3) (a) to (d) do not apply to a person who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or authorised assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law. Note 5 Also, the offences in relation to s (3) (a) to (d) do not apply to a person who is required by an authorised officer under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.

34 Heavy vehicle licence eligibility (1) A person satisfies the eligibility requirements for a heavy vehicle licence of a particular class if the person— (a) successfully completes the relevant assessment for the class of (b) has at any time— (i) for a light rigid vehicle licence—held a provisional or full car licence (or both of them) for at least 1 year; or (ii) for a medium rigid vehicle licence—held a provisional or full car licence (or both of them) for at least 1 year; or (iii) for a heavy rigid vehicle licence—held a provisional or full car licence (or both of them) for at least 2 years; or (iv) for a heavy combination vehicle licence—held a provisional or full medium rigid vehicle or heavy rigid vehicle licence (or a mix of them) for at least 1 year; or

(v) for a multi-combination vehicle licence—held a provisional or full heavy rigid vehicle or heavy combination vehicle licence (or a mix of them) for at least 1 year. (2) For subsection (1) (a), the relevant assessment for a class of heavy vehicle licence is either of the following: (a) an approved heavy vehicle driver training course for the class; (b) a test or assessment, set by the road transport authority for the class, and carried out by an authorised person or heavy vehicle driver assessor, to assess— (i) the person’s knowledge of safe driving practices or road law; and (ii) the person’s driving ability. Note 1 Approved heavy vehicle driver training course—see dict. Note 2 Under s 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, at any time, held the relevant class of licence or a higher class is counted. Note 3 Under s 68 (2) any period when the person has, at any time, held a (3) A person satisfies the eligibility requirements in subsection (2) (b) (i) if— (a) for a medium rigid vehicle licence—the person has successfully completed the stated test for a light rigid vehicle licence; or (b) for a heavy vehicle rigid vehicle licence—the person has successfully completed the stated test for either a light rigid vehicle licence or medium rigid vehicle licence.

Full licences Division 3.5 Division 3.5 Full licences

35 Eligibility to apply for full licence issue of a full car licence or full motorcycle licence, or a driver licence of a higher class, if the person— or (3) for the class of licence to which the application relates; or (2) The eligibility requirement for a full car licence is that the person has held a provisional licence (other than a provisional motorcycle licence) for at least 3 years. (3) The eligibility requirement for a full motorcycle licence is that the person has held a provisional motorcycle licence for at least 3 years. (4) The eligibility requirements for a variation of a motorcycle licence to include a car licence, or a driver licence of a higher class as an additional class are that the person has held a provisional licence (other than a provisional motorcycle licence) for at least 1 year. Note Section 66A deals with exemptions for licence eligibility requirements generally. (5) The eligibility requirements for a variation of a licence to include a motorcycle licence as an additional class are that the person has held a provisional motorcycle licence for at least 1 year.

36 Issue of full licences If the road transport authority approves an application by a person for the issue of a full licence of a particular class, the authority must issue a full licence of that class to the person. Note 1 Section 52 deals with the issue of a licence to a person who has been, but is no longer, disqualified from holding or obtaining a licence. Note 2 Section 69 deals with the application procedure and s 70 sets out when Note 3 If a person applies for a licence for which the person is not eligible to

37 Duration of full licences A full licence must be issued to a person for the period (not longer than 11 years) decided by the road transport authority.

42 Eligibility to apply for additional licence class The holder of a driver licence (other than a restricted licence) is eligible to apply to the road transport authority for the variation of the licence to include an additional class if the person satisfies the eligibility requirements for the class.

43 Issue of driver licence with additional class If the road transport authority approves an application by a person for the variation of a driver licence to include an additional class, the authority must issue a driver licence that includes that class to the Note 1 Section 26 deals with the issue of an additional licence to a person as a provisional class. Note 2 Section 69 deals with the application procedure and s 70 sets out when Note 3 If a person applies for a licence for which the person is not eligible to

44 Duration of varied licence A driver licence issued to a person under section 43 must be issued for the remainder of the period of the driver licence that it replaces.

45 Eligibility to apply to Magistrates Court for order authorising issue of restricted licence (1) A person is eligible to apply to the Magistrates Court for an order authorising the road transport authority to issue a restricted licence to the person if the person is disqualified from holding or obtaining an Australian driver licence under the road transport legislation or any other territory law.

(2) However, the person is not eligible to apply if a provision of the road transport legislation provides that a person is not entitled to apply for a restricted licence in relation to the disqualification. Note 1 A person is not eligible to apply for a restricted licence if any of the following provisions of the Road Transport (General) Act 1999 apply to the person: • s 66A (which is about disqualification in another jurisdiction) • s 67 (which is about disqualification of repeat offenders) • s 67A (which is about disqualification of first offenders) • s 67B (which is about disqualification until a court orders otherwise) • s 67C (which is about disqualification while holding a restricted licence) • s 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine). Note 2 A person is also not eligible to apply for a restricted licence if either of the following provisions of this regulation applies to the person: • s 130 (6) (b) (which is about the disqualification from holding a licence by a person who incurs 2 or more demerit points while holding a restricted licence) • s 133 (2) (b) (which is about the disqualification from holding a licence by a person who incurs 2 or more demerit points while holding a probationary licence).

46 Application for order authorising issue of restricted (1) An application by a person for an order authorising the road transport authority to issue a restricted licence to the person must be supported by an affidavit of the person setting out the grounds of the application. (2) The respondents to the application are the road transport authority and the chief police officer.

47 Circumstances in which court may give order authorising issue of restricted licence (1) The Magistrates Court may make an order authorising the road transport authority to issue a restricted licence to a person only if the person establishes that there are exceptional circumstances justifying the issue of the licence. (2) In deciding whether exceptional circumstances exist, the court must have regard to the following: (a) the person’s history of offences (including offences for which infringement notices were served on the person)— (i) against the road transport legislation or a law of another jurisdiction corresponding to it (or to any provision of it); or (ii) against another law of any jurisdiction in relation to the use of motor vehicles; (b) any relevant rehabilitation or remedial action undertaken, or to be undertaken, by the person; (c) the risk to the safety of other road users; (d) the likelihood that the person, or anyone else affected by the outcome of the application, would suffer or incur any inconvenience or loss (actual or potential) that would be unreasonable if a restricted licence were not to be issued to the person; (e) whether it would be unreasonable for the person to use an alternative means of transport, including public transport, if a restricted licence were not to be issued to the person; (f) the likelihood of the person’s health, or the health of a dependant of the person, suffering or being put at risk if a restricted licence were not to be issued to the person;

(g) the likelihood of the person complying with any conditions of a restricted licence. (3) Subsection (2) does not limit the matters to which the court may have regard.

48 Authority by court to issue restricted licence (1) An order made by the Magistrates Court authorising the road transport authority to issue a restricted licence to a person must state— (a) the class of driver licence for which the restricted licence may be issued; and Note The classes of driver licence are set out in s 7. (b) the expiry date of the restricted licence. (2) The class of driver licence stated by the court must be a class for which the person satisfies the eligibility requirements. (3) The expiry date stated by the court must be the date when, or a date before, the person’s disqualification from holding or obtaining a driver licence ends. (4) The court may include in the order conditions to which the restricted licence is to be subject. (5) Without limiting subsection (4), the conditions may include conditions about any of the following matters: (a) the times and days when the person may drive; (b) the journeys that the person may undertake; (c) the purposes for which the person may drive; (d) the consumption of alcohol, or use of a drug, by the person.

49 Issue of restricted licence by road transport authority issue of a restricted licence if the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person. (2) The road transport authority may not refuse to approve the application on a ground that was considered by the Magistrates Court in making the order. Note Section 70 deals with when an application for a driver licence can be refused. (3) If the road transport authority approves an application by a person for a restricted licence of a particular class, the authority must issue a restricted licence of that class to the person. Note The road transport authority must not issue a restricted licence to a person if s 73E (2) or s 73N (2) applies.

50 Conditions of restricted licences A restricted licence issued to a person by the road transport authority must be issued subject to— (a) the conditions (if any) included in the order of the Magistrates Court authorising the issue of the licence; and (b) the conditions (if any) to which the last Australian driver licence (other than a learner or restricted licence) held by the person was subject when it was last held by the person. Note 1 It is an offence against the Act, s 33 for the holder of a restricted licence to contravene, without reasonable excuse, a condition to which the Note 2 The person must be given a statement of the conditions and carry the statement whenever the person is driving on a road or road related area in the ACT or another jurisdiction (see s 57). Note 3 The conditions apply while the person is driving on a road or road related area in the ACT or another jurisdiction (see s 61).

51 Evidence of application for restricted licence inadmissible If a person’s driver licence could be cancelled under a territory law because the person is convicted or found guilty of an offence, evidence of the following is not admissible in a prosecution for the offence: (a) the making of an application under section 46 (Application for order authorising issue of restricted licence); (b) the contents of the application or supporting affidavit.

52 When probationary licence must be issued person for the issue of a driver licence (other than a learner licence) of a particular class; and (b) the person has been (but is no longer) disqualified (whether or not by court order) from holding or obtaining an Australian driver licence because of being convicted, or found guilty, by an Australian court of an offence against the law of any jurisdiction; and (c) any of the following paragraphs apply: (i) the person has not been the holder of another Australian driver licence (other than a learner licence) since the end of the disqualification; (ii) the person is the holder of a probationary licence issued under the law of any jurisdiction and has held the licence for less than 1 year;

Probationary licences Division 3.8 (iii) the person has been (but is no longer) the holder of a probationary licence issued under the law of any jurisdiction since the end of the disqualification and held the licence for less than 1 year. Note Section 68 (1) provides that periods of licence suspension or disqualification are not counted and that every other period when the person has, during the particular period, held the licence is to be counted. (2) However, if subsection (1) (c) (ii) or (iii) applies to the person, this section does not apply to the person if the person’s probationary licence was cancelled under division 8.4 (which is about demerit points incurred by probationary licence holders) or the corresponding law since the end of the disqualification. (3) This section also applies to a person if— person for the issue of a driver licence (other than a learner licence) of a particular class; and (b) the person–– (i) is eligible for a probationary licence with an interlock condition under— (A) section 73T (Mandatory interlock condition); or (B) section 73V (Voluntary interlock condition); or (C) section 73VA (Interstate driver licences with interlock conditions); or (ii) has an interlock exemption under section 73ZE. (4) Subject to subsection (5), if this section applies to the person, the road transport authority must issue a probationary licence of the class approved by the authority to the person. Note The road transport authority must not issue a probationary licence to a person if s 73D (3) or s 73M (3) applies.

(5) If a court has made an order under section 73U (Court-ordered therapeutic program) that a person comply with any treatment, referral or monitoring before being eligible to apply for, or be issued with a licence, the road transport authority must be satisfied that the person has complied with the order before issuing a probationary licence to the person.

53 Duration of probationary licences A probationary licence must be issued for the shorter of the following periods: (a) 1 year; (b) if section 52 (1) (c) (ii) or (iii) applies to the person—the difference between 1 year and the period the person has held or held a probationary licence since the end of the disqualification.

54 Conditions of probationary licences A probationary licence issued to a person by the road transport authority must be issued subject to the conditions (if any) to which the last Australian driver licence (other than a learner or restricted licence) held by the person was subject when it was last held by the

55 Issue and variation of driver licences subject to conditions (1) A driver licence may be issued or renewed subject to a condition imposed by the road transport authority when issuing or renewing the

(2) A driver licence may be varied by the road transport authority to impose a condition to which the licence is to be subject or to vary or revoke a condition to which the licence is already subject. (3) A condition mentioned in subsection (1) or (2) may be imposed, revoked or varied by the road transport authority— (a) on the authority’s own initiative or on the application of the applicant for, or the holder of, the driver licence; and (b) for a stated period or indefinitely. Note If a condition expires, the licence holder may apply for the issue of a replacement licence without the driver licence condition code of the expired condition (see s 89). (4) A person applying for the imposition, revocation or variation of a condition must give the authority— (a) a completed application form for the imposition, revocation or variation of the condition; and confirm the particulars. (5) However, the road transport authority may dispense with the (6) In deciding whether to impose a condition on a driver licence, or to vary or revoke a condition to which a licence is subject, the road transport authority must have regard to the interests of road safety and any other relevant matters.

(7) Another provision of this regulation that authorises or requires the road transport authority to impose a particular condition on a driver licence does not, by implication, limit the power of the authority under this section to impose a condition to which the licence is to be subject or to vary or revoke a condition to which the licence is subject. (8) However, the road transport authority may not— (a) vary or revoke a condition imposed by this regulation; or (b) vary or revoke a condition included in a restricted licence because of an order by the Magistrates Court authorising the issue of the licence; or (c) issue a restricted licence subject to a condition, or vary a condition that a restricted licence is from time to time subject, if the imposition or variation of the condition is inconsistent with a condition included in the order of the Magistrates Court authorising the issue of the licence.

56 Procedures for variation of driver licence conditions on authority’s own initiative (1) This section applies to a person if the road transport authority proposes, on its own initiative (under section 55 (2)), to vary a driver licence held by a person (the proposed action) to impose a condition to which the licence is to be subject or to vary or revoke a condition to which a driver licence held by a person is already subject. (2) The road transport authority must give the person a written notice stating— (b) if the proposed action is to impose a condition to which the licence is to be subject—the proposed condition; and (c) if the proposed action is to vary a condition to which the licence is subject—the proposed condition as varied; and

(d) the grounds for the proposed action; and (e) any action that must be taken by the person to avoid or reverse (f) the date when the proposed imposition, variation or revocation of the condition takes effect (the date of effect); and (g) that the proposed action takes effect on the date of effect unless the notice is revoked by the authority before that date; and (h) whether and, if so, by when the person is required to return the driver licence to the authority if the proposed action takes effect. Note 1 In deciding whether to impose a condition on a driver licence, or to vary or revoke a condition to which a licence is subject, the road transport authority must have regard to the interests of road safety and any other relevant matters (see s 55 (6)). (5) However, the road transport authority may decide that the imposition or variation of the condition is to take effect on a date not earlier than the date when the notice is given to the person if the authority believes on reasonable grounds that— or

driver licence or a driver licence of a particular class or kind; or (6) A person must not, without reasonable excuse, fail to return his or her driver licence to the road transport authority in accordance with a requirement under subsection (2) (h). Maximum penalty (for subsection (6)): 20 penalty units.

57 Driver licence condition codes and explanatory notices (1) If the road transport authority decides to issue or renew a person’s driver licence subject to conditions, the driver licence issued to the person must show the driver licence condition code for each condition imposed by the authority. Note The driver licence condition codes are set out in the table of driver licence condition codes in s 10. (2) If the road transport authority decides to vary a person’s driver licence to make it subject to conditions, or to vary or revoke a condition to which a person’s driver licence is subject, the driver licence issued to (a) if the driver licence is subject to conditions imposed by the authority—must show the driver licence condition code for each condition imposed by the authority; or (b) if the driver licence is no longer subject to conditions imposed by the authority—must not show a driver licence condition code. (3) If a driver licence issued to a person is subject to conditions and 1 or more of the conditions must be shown on the licence by the driver licence condition code E, I, V or X, the road transport authority must, when issuing the licence to the person, give the person a written notice that contains a full explanation of the conditions to which the licence is subject because of the code. Note A condition to which a person’s driver licence is subject applies to the person when the person is driving on a road or road related area in the ACT or another jurisdiction, unless the condition otherwise expressly provides (see s 61).

58 Duration of varied licence A driver licence issued to a person under section 57 (2) must be issued for the remainder of the period of the driver licence that it replaces.

59 Duties of holders of conditional licences (1) A person mentioned in section 57 (3) must carry, when driving on a road or road related area in the ACT or another jurisdiction, the notice given to the person under that section. (2) A person must not, without reasonable excuse, fail to comply with subsection (1). (3) The holder of a conditional licence issued under the law of another jurisdiction that shows the driver licence condition code E, I, V or X must, when driving on a road or road related area in the ACT, carry any notice given to the person by the licensing authority that issued the licence that contains an explanation of the conditions to which the (4) A person must not, without reasonable excuse, fail to comply with subsection (3). (5) If the holder of a conditional licence that shows the driver licence condition code E, I, V or X is required by a police officer or authorised person to produce his or her licence under the Road Transport (General) Act 1999, section 58 (1) (a), the person must also produce, at the same time as the person produces his or her licence— (a) for the holder of a conditional licence issued in the ACT—the notice mentioned in section 57 (3); or (b) for the holder of a conditional licence issued in any other jurisdiction—any notice mentioned in this section, subsection (3) given to the person by the licensing authority of that jurisdiction. Note The driver licence condition codes are set out in the table of driver licence condition codes in s 10.

60 Conditional licence holders to comply with conditions (1) The holder of a conditional licence must not, without reasonable excuse, contravene a condition to which the licence is subject. (2) Subsection (1) does not apply to the holder of–– (a) a restricted licence; or (b) a driver licence with an interlock condition under section 73W. Note 1 It is an offence against the Act, s 33 for the holder of a restricted licence to contravene, without reasonable excuse, a condition to which the Note 2 It is an offence against the Act, s 33A for a person who holds a driver licence with an interlock condition to contravene the interlock condition.

61 Application of conditions when driving etc in other jurisdictions A condition to which a person’s driver licence is subject (including a conditional licence) applies to the person when the person is driving on a road or road related area in the ACT or another jurisdiction, unless the condition otherwise expressly provides.

62 Eligibility to apply for public vehicle licence issue of a full licence as, or the variation of a full licence to include, a public vehicle licence for a kind of public vehicle if the person satisfies— (a) the personal eligibility requirements in subsection (3); and (b) the licensing eligibility requirements in subsection (4).

(2) Subsection (1) is subject to section 66 (Eligibility to apply for licence if disqualified or licence suspended). (3) The following requirements are the personal eligibility requirements for a public vehicle licence: (a) the person has the skills to drive the public vehicle in the application; (b) the person is a suitable person to drive the public vehicle in the application; Note Suitability to drive a public vehicle is further dealt with in s 70 (3). (c) the person is medically fit to hold a public vehicle licence; Note Medically fit—see s (7). (d) the person is— (i) an Australian citizen; or (ii) a permanent resident; or (iii) a temporary resident who holds a visa that allows the person to work as a public vehicle driver; (e) for a public vehicle licence to drive a taxi—the person is— (i) certified by the road transport authority as meeting the determined minimum English language standards; or Note For the minimum English language standards, see s (5). (ii) a citizen, or passport holder, of any of the following countries: (A) Australia; (B) Canada; (C) New Zealand; (D) Republic of Ireland;

(E) United Kingdom; (F) USA. (4) The following requirements are the licensing eligibility requirements for a public vehicle licence: (a) for a public vehicle licence to drive a public bus–– (i) the person holds a full licence to drive the kind of public bus in the application or a licence of a higher class; and 1 A person who applies for a public vehicle licence to drive a small bus (with a GVM not over 4.5t) that is equipped to seat 11 adults (including the driver) requires a full car licence (see table 9, item 2). 2 A person who applies for a public vehicle licence to drive a bus (with a GVM over 4.5t, but not over 8t) that is equipped to seat 15 adults (including the driver) requires a full light rigid vehicle licence (see table 9, item 3). (ii) the person has held the licence, or an Australian driver licence that corresponds to a licence mentioned in subparagraph (i), for at least 1 year (or for periods totalling 1 year) in the previous 3 years; (b) for a public vehicle licence to drive a taxi––the person holds a full car licence or a full licence of a higher class; (c) for a public vehicle licence to drive a hire car— (i) that is a motorbike–– (A) the person holds a full motorcycle licence; and (B) the person has held a full motorcycle licence, or an Australian driver licence that corresponds to a full motorcycle licence, for at least 1 year (or periods totalling 1 year) in the previous 3 years; or

(ii) that is not a motorbike––the person holds a full car licence or a full licence of a higher class; (d) for a public vehicle licence to drive a rideshare vehicle––the person holds a full car licence or a full licence of a higher class; (e) for a public vehicle licence to drive a DRS vehicle––the person— (i) holds a full car licence or a full licence of a higher class; and (ii) has held the licence, or an Australian driver licence that corresponds to a licence mentioned in subparagraph (i), for at least 1 year (or for periods totalling 1 year) in the previous 3 years; (f) if the person does not hold a public vehicle licence to drive the public vehicle in the application— (i) for a public bus or DRS vehicle—the person has successfully completed an approved public vehicle driver training course to drive a public bus or DRS vehicle in the year before the application is made; or Note Approved public vehicle driver training course—see s 65. (ii) for a taxi, hire car or rideshare vehicle—the person has successfully completed any determined training requirements; or Note Determined training requirements—see s 65. (iii) the road transport authority has, under section 67 (4), exempted the person from the requirement in subparagraph (i) or (ii). Note Under s 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, during the 3-year period, held a full licence is counted.

(5) The road transport authority may determine minimum English language standards for taxi drivers. (6) A standard is a notifiable instrument. medically fit—a person is medically fit to hold a public vehicle licence if the person has been examined by a doctor within the last 6 months in accordance with the required medical standards and the doctor certifies that— (a) the doctor has personally examined the person on a stated date; and (b) the person complies with the standards.

63 Issue of driver licence that includes public vehicle licence (1) Subsection (2) applies if the road transport authority approves an application by a person for— (a) the issue of a driver licence that includes a public vehicle licence for a kind of public vehicle; or (b) the variation of a driver licence to include a public vehicle licence for a kind of public vehicle. (2) The road transport authority must issue to the person a driver licence that includes a public vehicle licence for that kind of public vehicle. (3) A public vehicle licence is issued to a person subject to the condition that, if the road transport authority requires the person to show that he or she complies with the required medical standards, the person will— (a) arrange to be examined by a doctor in accordance with the required medical standards; and

(b) give to the authority, within the period required by the authority, a certificate from the doctor certifying— (i) that the doctor has personally examined the person on a stated date; and (ii) whether or not the person complies with the required medical standards.

64 Duration of driver licence that includes public vehicle (1) If a full licence is varied to include a public vehicle licence, the replacement licence must be issued for–– (a) the remainder of the period of the full licence; or (b) if the full licence is held by a visa holder and the visa expires before the expiry date for the full licence––the remainder of the period for which the visa is in force. (2) If a full licence is issued to include a public vehicle licence, the licence must be issued for–– (a) the period decided under section 37 (Duration of full licences) for the full licence; or (b) if the licence is issued to a visa holder and the visa expires before the expiry date for the licence worked out under paragraph (a)— the remainder of the period for which the visa is in force. visa holder means a temporary resident who holds a visa that allows the person to work as a public vehicle driver

64A Authority cards for public vehicle drivers (1) The road transport authority must issue a public vehicle driver authority card to the holder of a public vehicle licence. Note Most public vehicle drivers must display the card while driving a public passenger vehicle for hire or reward (see Road Transport (Public Passenger Services) Regulation 2002, s 307). (2) The card issued to the person must— (a) include on one side— (i) a photograph of the person; and (ii) a unique authority number for the card; and (iii) the kind of public vehicle the person is authorised to drive for hire or reward; and (iv) the card’s expiry date; and Note For par (i), the road transport authority may use the person’s photograph that the authority holds for the Road Transport (Driver Licensing) Act 1999, s 36 (see s 138A). (b) include on the other side— (i) the person’s driver licence number and the first 2 letters of the person’s surname; and (ii) the date the card was issued. (3) The card’s expiry date must not be later than the expiry date of the person’s public vehicle licence.

64B Return of public vehicle driver authority card (a) a public vehicle driver authority card is issued to a person; and

(b) any of the following events happens: (i) the person ceases to be authorised to drive a kind of public vehicle stated in the card; (ii) the person changes the person’s name; (iii) the authority takes action under section 87 (1) (l) in relation to the person’s driver licence. (2) The person must return the card to the road transport authority as soon as practicable (but within 7 days) after the event happens.

65 Public vehicle driver training courses and requirements (1) The road transport authority may approve public vehicle driver training courses (approved public vehicle driver training courses) for— (a) people who wish to hold a public vehicle licence to drive a public bus or DRS vehicle; and (b) holders of public vehicle licences. (2) An approval is a notifiable instrument. (3) The road transport authority may determine training requirements (determined training requirements) for— (a) people who wish to hold a public vehicle licence to drive a bookable vehicle; and (b) holders of public vehicle licences for bookable vehicles. Note Bookable vehicle—see the dictionary. (4) A determination is a notifiable instrument.

Eligibility to apply for issue and variation of licences generally Division 3.11 Division 3.11 Eligibility to apply for issue and variation of licences generally

66 Eligibility to apply for licence if disqualified or licence suspended (1) A person who is the holder of an Australian driver licence is not eligible to apply to the road transport authority for the issue or variation of a driver licence under this part if the licence is suspended under the law of any jurisdiction. (2) A person is not eligible to apply to the road transport authority for the issue or variation of a driver licence under this part if the person is disqualified from holding or obtaining an Australian driver licence under the law of any jurisdiction. (3) A person who is the holder of an external driver licence is not eligible to apply to the road transport authority for the issue or variation of a driver licence under this part if— (a) the person’s licence is suspended, or the person is disqualified from driving a motor vehicle, under the law of an external territory or foreign country because the person has been convicted or found guilty of an offence against that law; and (b) the offence could, if committed in the ACT by the holder of a driver licence, have resulted in the driver licence being obtaining a driver licence. (4) This section is subject to–– (a) section 49 (Issue of restricted licence by road transport authority); and Note Section 45 deals with the circumstances in which a person may apply to the Magistrates Court for an order authorising the road transport authority to issue a restricted licence to a person.

Division 3.11 Eligibility to apply for issue and variation of licences generally (b) section 73T (Mandatory interlock condition); and Note A person to whom s 73T applies is eligible for a probationary licence with an interlock condition after completing half the period of disqualification. (c) section 73V (Voluntary interlock condition). Note A person to whom s 73V applies is eligible for a probationary licence with an interlock condition at any time during the period of disqualification if the person is not otherwise disqualified from (5) For this section, a person’s licence is taken to be suspended if— (a) the person has received notice from a court or the licensing authority of another jurisdiction that suspension of the licence will take effect for a period beginning on a future date; or (b) the road transport authority believes on reasonable grounds that suspension of the person’s license will take effect in another jurisdiction for a period beginning on a future date. Examples—reasonable grounds 1 The road transport authority is told by the licensing authority of another jurisdiction that the suspension will take effect on a future date. 2 Search of a database that has information about suspensions discloses that the suspension will take effect on a future date. 66A Licence eligibility requirement exemptions—generally A person is exempt from the eligibility requirements for a class of licence applied for if the person holds, or has at any time held— (a) an Australian driver licence (other than a learner licence) of that class or a higher class; or (b) an external territory driver licence corresponding to the Australian driver licence mentioned in paragraph (a); or

Eligibility to apply for issue and variation of licences generally Division 3.11 (c) a foreign driver licence issued under the law of a recognised country that corresponds to that class or a higher class. Note A motorcycle licence is not part of the driver licence class hierarchy (see s 8 (2)) and has no higher class.

67 Authority may exempt from certain eligibility requirements (1) If the road transport authority is satisfied that, because of a person’s special circumstances, the person is a suitable person to be issued with a driver licence of a particular class or kind, the authority may exempt the person from an eligibility requirement under any of the following provisions: (a) section 22 (2) (a) or (b) (Eligibility to apply for provisional licence); (b) section 22 (3) (a), (b) or (c) (other than (c) (i)). (2) If the road transport authority issues a driver licence to a person because of an exemption given under subsection (1), the authority may issue the licence subject to— (a) conditions that restrict the person to driving a motor vehicle only for purposes connected with the special circumstances; and (b) any other conditions the authority considers appropriate. Examples of conditions The conditions may restrict the times when, and the places where, the person may drive a motor vehicle. (3) However, if the person is already the holder of a driver licence, the conditions must apply only to the class or kind of driver licence issued because of the special circumstances.

Division 3.11 Eligibility to apply for issue and variation of licences generally (4) The road transport authority may exempt a person from the eligibility requirement mentioned in section 62 (4) (f) (which is about the successful completion of training). (5) An exemption given under subsection (4) may be conditional. (6) If an exemption under this section is given subject to conditions, the exemption applies only if all the conditions are being complied with.

68 Working out period a class or kind of licence has been held (1) In working out for this part the period for which a person has, during a particular period or at any time, held an Australian driver licence of a particular class or kind (or an external territory driver licence or a foreign driver licence issued under the law of a recognised country corresponding to an Australian driver licence of a particular class or kind), the road transport authority must— (a) not count any period when the person’s licence was suspended; and (b) not count any period when the person was disqualified from holding or obtaining an Australian driver licence (or an external territory driver licence or a foreign driver licence issued under the law of a recognised country); and (c) count every other period when the person has, during that particular period or at any time, held such a licence. (2) In working out for this part the period for which a person has, during a particular period or at any time, held a provisional licence of a particular class (or an external territory driver licence or a foreign driver licence issued under the law of a recognised country corresponding to a provisional licence of a particular class), the road transport authority must count as part of that period every period when the person has, during that particular period or at any time, held a probationary licence of that class (or an external territory driver

licence or a foreign driver licence issued under the law of a recognised country corresponding to a probationary licence of that class). (3) To remove any doubt, any period when the probationary licence (or the external territory driver licence or a foreign driver licence issued under the law of a recognised country) was suspended, or the person was disqualified from holding or obtaining an Australian driver licence (or external territory driver licence or a foreign driver licence issued under the law of a recognised country), is not to be counted under subsection (2). (4) A reference in this section to an Australian driver licence of a particular class includes a reference to an Australian driver licence of any class apart from a particular class. Example of application of s (4) A reference to a provisional licence (other than a motorcycle licence). Division 3.12 Applications to obtain or vary driver

69 Application procedure for issue and certain variations of authority for the issue or variation (other than a condition variation) of a driver licence under this part. Note 1 Condition variations are made under div 3.9. Note 2 A replacement licence is issued if the holder of the licence changes his or her name or surrenders a class of licence or a public vehicle licence (see s 74 and s 82). (2) The person must give the authority— (a) a completed application form for the issue or variation of the

confirm the particulars (for example, a birth certificate). (4) For an application for the issue of a driver licence (other than a restricted licence), if— (a) the person has at any time held a driver licence (other than a restricted licence); and (b) the application is made 5 years or more after the date the person’s previous licence expired; the person must also give the road transport authority evidence that the person has successfully completed the knowledge test component of an approved pre-learner licence training course during the 2-year period before the day the application is made. (5) If the application is for the variation of a driver licence to include a public vehicle licence, the person must also give the road transport authority a statement supplied by a police officer about— (a) the applicant’s criminal history (if any); and (b) the infringement notices (if any) served on the person. (6) The road transport authority may, by written notice given to the person, require the person to do 1 or more of the following: (a) provide evidence that the person is eligible to apply for, or be issued with, the class or kind of driver licence applied for;

(b) undergo tests or assessments, or provide other evidence, of the person’s driving ability or knowledge of safe driving practices or road law to hold a driver licence or a driver licence of the class or kind applied for; (c) provide other evidence of the person’s suitability to hold a driver licence or a driver licence of the class or kind applied for; (d) undergo, at the person’s own cost, a medical examination by a doctor or allied professional practitioner (or a stated doctor or allied professional practitioner) in accordance with the required (e) provide a report of the examination or other evidence of compliance with the required medical standards; (f) provide information about— (g) provide any documents in the person’s possession or control relevant to the person’s medical fitness to hold a driver licence or a driver licence of the class or kind applied for; (h) if the person has been disqualified in any jurisdiction from holding or obtaining an Australian driver licence—provide evidence of the person’s compliance with the requirements of a law relating to the assessment, treatment, supervision or education of drivers convicted or found guilty of offences involving alcohol or drugs that is in force in the jurisdiction where the person was last disqualified from holding or obtaining an Australian driver licence; (i) have his or her photograph taken, or provide a photograph suitable for use on a driver licence;

(j) provide a specimen signature. (7) The road transport authority may accept evidence of compliance with a requirement in subsection (6) (b) to (e) or (h) that the person has obtained in another jurisdiction. (8) The road transport authority may also do 1 or more of the following: (a) require a person who has undergone a medical examination under subsection (6) (d) to undergo an examination by an authorised medical reviewer for assessment of the person’s medical fitness to hold a driver licence or to drive a particular class or kind of motor vehicle in accordance with the required (b) if the authority received, whether under this section or otherwise, a report or other evidence relevant to the person’s medical fitness to drive a motor vehicle—refer the report or evidence to an authorised medical reviewer or authorised occupational therapist for assessment of the person’s medical fitness to hold a driver licence or to drive a particular class or kind of motor vehicle in accordance with the required medical (c) require the person to pay for an assessment under paragraph (a) or (b). (9) The road transport authority may also give the authorised medical reviewer or authorised occupational therapist carrying out an examination or assessment of a person under subsection (8) (a) or (b)— necessary for the examination or assessment to be carried out; and

(b) details of any Australian or external driver licence held, or applied for, by the person. (10) If the road transport authority is satisfied that it is not practicable for the person to comply with the requirements under the law of another jurisdiction that are mentioned in subsection (6) (h), the authority may require the person to comply with equivalent requirements.

70 When applications for issue and certain variations of driver licences can be refused (1) The road transport authority may refuse an application for the issue or variation of a driver licence under this part (other than an application for a condition variation) if the authority is satisfied on reasonable grounds that— (a) the person is not eligible to apply for, or be issued with, the class or kind of driver licence applied for; or (b) the person does not have sufficient driving ability or knowledge (c) the person is not a suitable person to hold a driver licence or a or (e) the person’s ability to drive safely is impaired by—

(g) a provision of the Act prevents approval of the application; or (h) the person has not complied with a requirement made by the authority in relation to the application or a requirement of the Act relating to the application. Note 1 See s 78A for the meaning of required medical standards. Note 2 The Act, s 10 (When road transport authority may issue or renew driver licences) sets out the residency requirements for the issue of a driver (2) The road transport authority may also refuse an application for the issue or variation of a driver licence under this part in accordance with— (a) an order made by an Australian court; or (b) another provision of the road transport legislation or any other territory law. (3) Without limiting subsection (1) (c), the road transport authority may refuse an application for a public vehicle licence under subsection (1) because the person is not a suitable person to hold a driver licence or a driver licence of the class or kind applied for if— the road transport authority considers is relevant to the application; or approved by the Minister under s 90A (Public vehicle licence

(b) within the 5-year period before the day the application is made— (i) the person has been disqualified (whether or not by court order) from holding or obtaining an Australian driver licence under the law of any jurisdiction; or (ii) the person’s Australian driver licence, or right to drive a motor vehicle (however described), has been suspended or cancelled under the law of any jurisdiction. (4) However, subsection (3) (b) (ii) does not apply if the suspension or cancellation is— (a) for the nonpayment of an infringement notice penalty; or (b) under the Road Transport (General) Act 1999, part 6 (Fine defaulters) or a corresponding law. Note An infringement notice penalty includes an amount payable under an infringement notice served on a person under the law of another jurisdiction (see Act, dict, def infringement notice penalty). (5) This section is subject to section 49 (Issue of restricted licence by road transport authority).

71 How certain applications may be dealt with If a person applies to the road transport authority for the issue or variation under this part of a driver licence of a class or kind for which the person is not eligible to apply, the authority may, if the person agrees— (a) accept the application and issue the driver licence when the person becomes eligible to make the application; or (b) deal with the application as if it were an application for the issue of a driver licence of a class or kind for which the person is eligible to apply.

72 Application must be approved if not refused The road transport authority must approve an application by a person for the issue or variation of a driver licence under this part (other than a condition variation) if— (a) the person makes an application to the authority under this part; and (b) the authority does not refuse the application under section 70 or deal with the application under section 71.

73 Surrender of current driver licence and duration of replacement licence (1) If a person who applies for the issue or variation of a driver licence under this part is the holder of a current Australian driver licence or external driver licence, the person must surrender the licence to the road transport authority before the issue of a driver licence (including a driver licence as varied) to the person. Note Under the Act, s 10 (2) the road transport authority may issue the licence if the authority is satisfied the current licence has been stolen, lost or destroyed. (2) However, a person who is the holder of a current external driver licence may keep the licence if the road transport authority is satisfied that it would be unreasonable, in the circumstances, to require the licence to be surrendered.

73A Application—div 3.13 This division applies to a person (other than a person who is subject to an order under section 73U (4) (Court-ordered therapeutic program)) who commits an alcohol-related disqualifying offence on or after the day the Act, section 28 (2) (u) commences.

73B Meaning of alcohol awareness course alcohol awareness course—see section 73I (Alcohol awareness course—approval).

73C Requirement to complete alcohol awareness course— person not disqualified (a) is found guilty of an alcohol-related disqualifying offence; and (b) is not disqualified from holding or obtaining a driver licence; and (c) has not completed an alcohol awareness course within the (2) The person must complete an alcohol awareness course specified for the person by the road transport authority within 6 months after being found guilty of the disqualifying offence. (3) If the person does not complete the alcohol awareness course and give the road transport authority written evidence to that effect within the 6-month period, the authority must suspend the person’s driver Note 1 Subsections (2) and (3) do not apply if an exemption is granted under s 73H (see s 73HA (2) (a)). (4) However, the road transport authority must end the suspension if the alcohol awareness course.

73D Requirement to complete alcohol awareness course— person disqualified and not eligible for restricted licence (a) is convicted or found guilty of an alcohol-related disqualifying (b) is disqualified from holding or obtaining a driver licence; and (c) is not eligible to apply for, or be issued with, a restricted licence; and (d) has not completed an alcohol awareness course within the (2) The person must complete an alcohol awareness course specified for the person by the road transport authority before the end of the period of disqualification. (3) Despite section 52 (4) (When probationary licence must be issued), if the person does not complete the alcohol awareness course and give the road transport authority written evidence to that effect before the end of the period of disqualification, the authority must not issue a probationary licence to the person. Note 1 Subsection (3) does not apply if an exemption is granted under s 73H (see s 73HA (2) (b)). (4) However, the road transport authority must issue a probationary licence to the person if— (a) after the end of the period of disqualification, the authority receives written evidence that the person has completed the alcohol awareness course; or

(b) the authority— (i) receives written notice from the person before the end of the period of disqualification stating that— (A) the person has made genuine attempts to enrol in the alcohol awareness course before the end of the period of disqualification but has not been able to do so; and (B) the person is enrolled in the alcohol awareness course that will be completed on a stated date after the end of the period of disqualification; and (ii) is satisfied on reasonable grounds of the matters mentioned in the notice. Examples—s (4) (b) (i) (A) 1 all relevant alcohol awareness courses are fully booked during the person’s 2 no relevant alcohol awareness courses are being conducted during the person’s Note A probationary licence issued under s (4) (b) is issued after the person’s period of disqualification has ended—see s 52 (1). (5) If, in relation to a person issued with a probationary licence under subsection (4) (b) the road transport authority does not, within 7 days after the day the alcohol awareness course mentioned in that subsection ends, receive written evidence that the person has completed the course, the authority must suspend the licence. (6) However, the road transport authority must end the suspension if the alcohol awareness course.

73E Requirement to complete alcohol awareness course— person disqualified and eligible for restricted licence (a) the person is convicted or found guilty of an alcohol-related (b) the person is disqualified from holding or obtaining a driver (c) the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person; and (d) the person has not completed an alcohol awareness course within the previous 12 months. (2) Despite section 49 (Issue of restricted licence by road transport authority), the road transport authority must not issue a restricted licence to the person unless the person has completed an alcohol awareness course specified for the person by the authority and given the authority written evidence to that effect. Note 1 Subsection (2) does not apply if an exemption is granted under s 73H (see s 73HA (2) (c)).

73F Requirement to complete alcohol awareness course— person no longer disqualified and eligible for (a) the person was convicted or found guilty of an alcohol-related (b) the person was disqualified from holding or obtaining a driver licence for the offence; and

(c) the Magistrates Court made an order authorising the road transport authority to issue a restricted licence to the person for the period of disqualification; and (d) the person— (i) did not apply for, or was not issued with, a restricted (ii) is eligible to apply for, or be issued with, a probationary licence because the person is no longer disqualified from holding or obtaining a probationary driver licence; and (iii) has not completed an alcohol awareness course within the (2) Despite section 52 (4) (When probationary licence must be issued), the road transport authority must not issue a probationary licence to the person unless the person has completed an alcohol awareness course and given the road transport authority written evidence to that effect. Note 1 Subsection (2) does not apply if an exemption is granted under s 73H (see s 73HA (2) (b)).

73G Exemption from alcohol awareness course—application (1) A person may apply to the road transport authority for an exemption from the requirement to complete an alcohol awareness course specified for the person by the authority because of exceptional circumstances.

73H Exemption from alcohol awareness course—decision on (1) On application by a person for an exemption from the requirement to attend an alcohol awareness course specified for the person by the road transport authority, the authority must— (2) The road transport authority must refuse to grant the exemption if satisfied on reasonable grounds that exceptional circumstances do not exist for granting the exemption. (3) The road transport authority is taken to have refused to grant the section 73G (2). 73HA Exemption from alcohol awareness course––issue of restricted or probationary licence (1) This section applies if a person is granted an exemption under section 73H from the requirement to attend an alcohol awareness course specified for the person by the road transport authority. (2) The road transport authority must–– (a) if the person is not disqualified from holding or obtaining a driver licence––not suspend the person’s driver licence under section 73C (3); or

(b) if the person is eligible to apply for, or be issued with, a probationary licence because the person is no longer disqualified from holding or obtaining a probationary driver licence— despite section 73D (3) or section 73F (2), issue the probationary (c) if the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person–– despite section 73E (2), issue the restricted licence.

73I Alcohol awareness course—approval (1) The road transport authority may approve a course (an alcohol awareness course) about the effects of alcohol, including its effects on driving and health. (2) Without limiting subsection (1), the road transport authority may approve–– (a) an alcohol awareness course for first offenders whose level of alcohol concentration is level 1 or level 2; and (b) an alcohol awareness course for–– (i) first offenders whose level of alcohol concentration is level 3 or level 4; and (ii) repeat offenders. (3) An approval is a notifiable instrument. first offender––see the Road Transport (Alcohol and Drugs) level––see the Road Transport (Alcohol and Drugs) Act 1977, section 4E. repeat offender––see the Road Transport (Alcohol and Drugs)

73J Application—div 3.14 This division applies to a person who commits a drug-related disqualifying offence on or after the day the Act, section 28 (2) (v) commences.

73K Definitions—div 3.14 drug awareness course—see section 73R (Drug awareness course— approval). drug-related disqualifying offence means an offence against any of the following provisions of the Road Transport (Alcohol and Drugs) Act 1977 that relates to a prescribed drug: (a) section 20 (Driving with prescribed drug in oral fluid or blood); (b) section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); (c) section 22A (Refusing to provide oral fluid sample); (d) section 23 (Refusing blood test etc); (e) section 24 (Driving under the influence of intoxicating liquor or a drug).

73L Requirement to complete drug awareness course— person not disqualified (a) is found guilty of a drug-related disqualifying offence; and (b) is not disqualified from holding or obtaining a driver licence; and

(c) has not completed a drug awareness course within the previous 12 months. (2) The person must complete a drug awareness course specified for the person by the road transport authority within 6 months after being found guilty of the disqualifying offence. (3) If the person does not complete the drug awareness course and give the road transport authority written evidence to that effect within the 6-month period, the authority must suspend the person’s driver Note 1 Subsections (2) and (3) do not apply if an exemption is granted under s 73Q (see s 73QA (2) (a)). (4) However, the road transport authority must end the suspension if the drug awareness course.

73M Requirement to complete drug awareness course— person disqualified and not eligible for restricted licence (a) is convicted or found guilty of a drug-related disqualifying (b) is disqualified from holding or obtaining a driver licence; and (c) is not eligible to apply for, or be issued with, a restricted licence; and (d) has not completed a drug awareness course within the previous 12 months. (2) The person must complete a drug awareness course specified for the person by the road transport authority before the end of the period of disqualification.

(3) Despite section 52 (4) (When probationary licence must be issued), if the person does not complete the drug awareness course and give the road transport authority written evidence to that effect before the end of the period of disqualification, the authority must not issue a probationary licence to the person. Note 1 Subsection (3) does not apply if an exemption is granted under s 73Q (see s 73QA (2) (b)). (4) However, the road transport authority must issue a probationary licence to the person if— (a) after the end of the period of disqualification, the authority receives written evidence that the person has completed the drug awareness course; or (b) the authority— (i) receives written notice from the person before the end of the period of disqualification stating that— (A) the person has made genuine attempts to enrol in the drug awareness course before the end of the period of disqualification but has not been able to do so; and (B) the person is enrolled in the drug awareness course that will be completed on a stated date after the end of the period of disqualification; and (ii) is satisfied on reasonable grounds of the matters mentioned in the notice. Examples—s (4) (b) (i) (A) 1 all relevant drug awareness courses are fully booked during the person’s 2 no relevant drug awareness courses are being conducted during the person’s Note A probationary licence issued under s (4) (b) is issued after the person’s period of disqualification has ended—see s 52 (1).

(5) If, in relation to a person issued with a probationary licence under subsection (4) (b), the road transport authority does not, within 7 days after the day the drug awareness course mentioned in that subsection ends, receive written evidence that the person has completed the course, the authority must suspend the licence. (6) However, the road transport authority must end the suspension if the drug awareness course.

73N Requirement to complete drug awareness course— person disqualified and eligible for restricted licence (a) the person is convicted or found guilty of a drug-related (b) the person is disqualified from holding or obtaining a driver (c) the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person; and (d) the person has not completed a drug awareness course within the (2) Despite section 49 (Issue of restricted licence by road transport authority), the road transport authority must not issue a restricted licence to the person unless the person has completed a drug awareness course specified for the person by the authority and given the authority written evidence to that effect. Note 1 Subsection (2) does not apply if an exemption is granted under s 73Q (see s 73QA (2) (c)).

73O Requirement to complete drug awareness course— person no longer disqualified and eligible for (a) the person was convicted or found guilty of a drug-related (b) the person was disqualified from holding or obtaining a driver licence for the offence; and (c) the Magistrates Court made an order authorising the road transport authority to issue a restricted licence to the person for the period of disqualification; and (d) the person— (i) did not apply for, or was not issued with, a restricted (ii) is eligible to apply for, or be issued with, a probationary licence because the person is no longer disqualified from holding or obtaining a probationary driver licence; and (iii) has not completed a drug awareness course within the (2) Despite section 52 (4) (When probationary licence must be issued), the road transport authority must not issue a probationary licence to the person unless the person has completed a drug awareness course specified for the person by the authority and given the authority written evidence to that effect. Note 1 Subsection (2) does not apply if an exemption is granted under s 73Q (see s 73QA (2) (b)).

73P Exemption from drug awareness course—application (1) A person may apply to the road transport authority for an exemption from the requirement to complete a drug awareness course specified for the person by the authority because of exceptional circumstances.

73Q Exemption from drug awareness course—decision on (1) On application by a person for an exemption from the requirement to attend a drug awareness course specified for the person by the road transport authority, the authority must— (2) The road transport authority must refuse to grant the exemption if satisfied on reasonable grounds that exceptional circumstances do not exist for granting the exemption. (3) The road transport authority is taken to have refused to grant the section 73P (2). 73QA Exemption from drug awareness course––issue of restricted or probationary licence (1) This section applies if a person is granted an exemption under section 73Q from the requirement to attend a drug awareness course specified for the person by the road transport authority.

(2) The road transport authority must–– (a) if the person is not disqualified from holding or obtaining a driver licence––not suspend the person’s driver licence under section 73L (3); or (b) if the person is eligible to apply for, or be issued with, a probationary licence because the person is no longer disqualified from holding or obtaining a probationary driver licence— despite section 73M (3) or section 73O (2), issue the probationary licence; or (c) if the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person–– despite section 73N (2), issue the restricted licence.

73R Drug awareness course—approval (1) The road transport authority may approve a course (a drug awareness course) about the effects of prescribed drugs, including their effects on driving and health. (2) Without limiting subsection (1), the road transport authority may approve–– (a) a drug awareness course for first offenders; and (b) a drug awareness course for repeat offenders. (3) An approval is a notifiable instrument. first offender––see the Road Transport (Alcohol and Drugs) repeat offender––see the Road Transport (Alcohol and Drugs)

General Division 3A.1

Division 3A.1 General

73S Definitions––pt 3A alcohol ignition interlock device means a device approved under section 73ZL (Alcohol ignition interlock devices––approval). approved interlock installer means a person approved as an interlock installer under section 73ZN (Issue of approval). approved interlock service provider means a person approved as an interlock service provider under section 73ZN (Issue of approval). disqualification period–– (a) for a person whose licence is subject to a mandatory interlock condition––see section 73T; or (b) for a person whose licence is subject to a voluntary interlock condition––see section 73V. exemption certificate––see section 73ZG. fitted interlock means an interlock provided and installed in a nominated vehicle by an approved interlock installer and maintained by an approved interlock service provider. interlock means an alcohol ignition interlock device. interlock condition––see section 73W. interlock data record is the database of information recorded by a fitted interlock in relation to a driver. interlock driver means a person whose driver licence is subject to an interlock condition. interlock exemption––see section 73ZE.

interlock period, for a person, means the period applying to the person under section 73Y. interstate interlock condition—see section 73VA (1). mandatory interlock condition means a condition imposed under section 73T (3) or (4). nominated vehicle, for a person, means a motor vehicle nominated by the person under section 73X. voluntary interlock condition means a condition imposed under section 73V (3). Division 3A.2 Conditional licences––alcohol ignition interlock devices

73T Mandatory interlock condition (1) This section applies to a person who is–– (a) either–– (i) convicted or found guilty of an offence against the Road Transport (Alcohol and Drugs) Act 1977— (A) section 19 (1) (Prescribed concentration of alcohol in blood or breath) if the court finds that the concentration of alcohol in the person’s blood or breath was at level 4; or (B) section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); or (C) section 22 (Refusing to provide breath sample); or (D) section 22C (Refusing to undergo screening test) in relation to an alcohol screening test; or (E) section 23 (Refusing blood test etc) to the extent that the offence is related to alcohol; or

(F) section 24 (Driving under the influence of intoxicating liquor or a drug) to the extent that the offence is related to alcohol; or (ii) a habitual offender; and (b) disqualified for a period (the disqualification period) from licence if the person–– (a) has completed at least half of the disqualification period; and (b) is not otherwise disqualified from holding or obtaining a driver (4) If the person is not issued with a probationary licence before the end of the disqualification period, any probationary licence issued after the disqualification period must, unless the person has an interlock exemption, be issued with an interlock condition imposed by the road Note A person whose licence is subject to an interlock condition is a special driver under the Road Transport (Alcohol and Drugs) Act 1977. A special driver must not drive a motor vehicle if the driver has a concentration of alcohol of more than 0g in 100mL of blood or 210L of breath. habitual offender, means a person who— (a) is convicted or found guilty of an alcohol-related disqualifying (b) within 5 years before the conviction or finding of guilt, has been subject to relevant action in relation to 2 or more other alcohol-related disqualifying offences.

relevant action means the person has been— (a) convicted or found guilty; or (b) issued an infringement notice (however described) under a law of another jurisdiction and not disputed the infringement notice within the time allowed for the person to dispute the notice under the law of that jurisdiction.

73U Court-ordered therapeutic program (1) This section applies to a person mentioned in section 73T (1) (Mandatory interlock condition). (2) Before the person is sentenced, a report must be prepared for the court by the court alcohol and drug assessment service (CADAS) that assesses whether any form of therapeutic treatment or program might assist the person and, if so, makes recommendations about an appropriate treatment or program. (3) The court may order— (a) the person to undertake an assessment by CADAS within a stated time and in a stated way; and (b) the road transport authority to suspend the person’s licence until the person has complied with the order under paragraph (a). (4) In sentencing the person, the court must consider the report and may order that the person have treatment or undergo a program recommended in the assessment.

73V Voluntary interlock condition (1) This section applies to a person (other than a person to whom section 73T applies) who is–– (a) convicted or found guilty of an alcohol-related disqualifying

(b) disqualified for a period (the disqualification period) from licence at any time during the disqualification period if the person is not otherwise disqualified from holding or obtaining a driver licence. Note A person whose licence is subject to an interlock condition is a special driver under the Road Transport (Alcohol and Drugs) Act 1977. A special driver must not drive a motor vehicle if the driver has a concentration of alcohol of more than 0g in 100mL of blood or 210L of breath. 73VA Interstate driver licences with interlock conditions (1) This section applies to a person who is the holder of an Australian driver licence issued under a corresponding law that is subject to a condition equivalent to an interlock condition (an interstate interlock

73W Interlock condition (1) An interlock condition is a condition of a person’s driver licence that, during the interlock period applying to the person, the person may drive only— (a) a motor vehicle that is a nominated vehicle for the person and has a fitted interlock; or (b) if the person is receiving driver training from a driver trainer— (i) a motor vehicle mentioned in paragraph (a); or (ii) a motor vehicle provided by the driver trainer; or

(c) if the person is taking a practical driving test required by the road transport authority under section 78 (Tests and medical examinations of drivers etc)––any motor vehicle. driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, section 4BA.

73X Nomination of vehicle (1) For this part, a nomination of a motor vehicle must be made to the road transport authority. (2) A person may–– (a) only nominate a motor vehicle of a class shown on the person’s driver licence; and (b) only nominate a motor vehicle— (i) if the person is the sole registered operator of the vehicle; or (ii) if the person is a registered operator of the vehicle and the vehicle has 1 or more other registered operators—with the written consent of each other registered operator; or (iii) if the person is not a registered operator of the vehicle— with the written consent of each registered operator; and (c) nominate more than 1 motor vehicle. 1 the person’s own motor vehicle 2 a motor vehicle owned by the person’s spouse, friend or employer registered operator—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

73Y Interlock period (1) The interlock period applying to a person whose licence is subject to a mandatory interlock condition is the period— (i) at the later of–– (A) 6 months after that day; and (B) the end of the person’s disqualification period mentioned in section 73T; or under subsections (5) and (6)—when the road transport authority is satisfied under subsections (5) and (6). (2) The interlock period applying to a person whose licence is subject to a voluntary interlock condition is the period— (i) at the later of–– (A) 6 months after that day; and (B) the end of the person’s disqualification period mentioned in section 73V; or under subsection (5)—when the road transport authority is satisfied under subsection (5).

(3) The interlock period applying to a person whose licence is subject to an interlock condition under section 73ZH (2) (When interlock exemption ends) is the period— (i) 6 months after that day; or under subsections (5) and (6)—when the road transport authority is satisfied under subsections (5) and (6). (4) The interlock period applying to a person whose licence is subject to an interlock condition under section 73VA (3) (Interstate driver licences with interlock conditions) is the period— (b) ending— (i) at the later of— (A) the day the interstate interlock condition would have been removed from the person’s Australian driver licence if the person had not been issued with a licence under section 73VA (3); or (B) 6 months after the day the interstate interlock condition was imposed on the person’s Australian driver licence; or (C) 3 months after the day the person was issued with the licence under section 73VA (3); or (ii) if, at the time, the road transport authority is not satisfied under subsection (5)—when the road transport authority is satisfied under subsection (5).

(5) For subsections (1) (b) (ii), (2) (b) (ii) and, (3) (b) (ii) and (4) (b) (ii), the road transport authority must be satisfied that in the immediately preceding 3-month period, the person has not–– (a) driven a nominated vehicle for the person–– (i) without first providing the vehicle’s fitted interlock with a specimen of the person’s breath; or (ii) when the person knew, or ought reasonably to have known, that the vehicle’s fitted interlock was not operating properly or had been interfered with; or (b) committed an interlock period breach; or (c) failed to comply with the interlock condition under section 73W. (6) For subsections (1) (b) (ii) and (3) (b) (ii), the road transport authority must also be satisfied that the person has complied with any order made for the person under section 73U (4) (Court-ordered therapeutic program). interfered with includes tampered with, damaged, destroyed and removed. interlock period breach—see section 73YA (1). 73YA Interlock period breach (1) A person holding a probationary licence with an interlock condition commits an interlock period breach if the person— (a) provides a fitted interlock with a sample of breath containing a concentration of 0.02g or more of alcohol in 210L of breath as registered by the interlock; or (b) provides a fitted interlock with more than 1 sample of breath containing a concentration of more than 0g but less than 0.02g of alcohol in 210L of breath as registered by the interlock; or

(c) fails to provide a fitted interlock with a sample of breath when required by the fitted interlock. (2) The road transport authority must, at the time a person is issued with a probationary licence that is subject to an interlock condition, tell the person what is an interlock period breach.

73Z When interlock condition ends (1) The interlock condition of a person’s probationary licence ends when the interlock period applying to the person ends. (2) If a person’s probationary licence period ends before the person’s interlock period ends, the person–– (a) is not eligible for a driver licence other than a probationary (b) may apply to the road transport authority to renew the person’s probationary licence. (3) The road transport authority must issue any subsequent probationary licence with an interlock condition imposed for the remainder of the interlock period. 73ZA Producing interlock data record (1) During an interlock driver’s interlock period, the road transport authority may, by written notice, require the driver to give the authority, not later than 7 days after the day the notice is given, the driver’s interlock data record for the period stated in the notice. (2) A person must not fail to comply with a notice given to the person under subsection (1).

73ZB Destruction of interlock data record prohibited (1) A person commits an offence if the person destroys an interlock data record before the end of the interlock period for the person to whom the record relates. 73ZC Interlock data record destroyed, lost or stolen (1) This section applies if an interlock driver becomes aware, or reasonably suspects, that the driver’s interlock data record has been destroyed, lost or stolen during the driver’s interlock period. (2) The driver must tell the road transport authority as soon as practicable, but not later than 7 days after the day the driver becomes aware, or reasonably suspects, that the interlock data record has been destroyed, lost or stolen. 73ZD Offences relating to use of another person’s means of identification (1) A person commits an offence if–– (a) the person drives a motor vehicle with a fitted interlock; and (b) the vehicle is also driven by another person; and (c) the person–– (i) uses the other person’s means of identification to operate the vehicle; or

(ii) allows the other person to use the person’s means of identification to operate the vehicle. Examples––means of identification a PIN, password or swipe card 73ZE Exemption from interlock condition––application (1) This section applies to a person to whom section 73T (4) (Mandatory interlock condition) applies. Note Section 73T (4) applies to a person who chooses to complete the disqualification period, rather than apply for a probationary licence after completing half the disqualification period under s 73T (2). Section 73T (4) provides that any probationary licence issued to the person after the disqualification period must, unless the person has an interlock exemption, be issued with an interlock condition. (2) The person may apply to the road transport authority for an exemption from the mandatory imposition of an interlock condition on the person’s probationary licence (an interlock exemption) because of special circumstances. Example––special circumstances a medical condition that prevents the applicant from providing a sufficient breath sample to operate an interlock (3) The road transport authority may, in writing, require the applicant to

Interlock exemptions Division 3A.3 (4) If the applicant does not comply with a requirement under subsection (3), the road transport authority may refuse to consider the 73ZF Exemption from interlock condition––decision on (1) On application by a person for an interlock exemption under section 73ZE, the road transport authority must— (2) If the road transport authority grants the exemption, the authority may impose conditions applying to the exemption. (3) The road transport authority may grant the exemption only if satisfied on reasonable grounds that special circumstances exist for granting the exemption. (4) The road transport authority is taken to have refused to grant the section 73ZE (3). 73ZG Exemption certificate (1) This section applies if the road transport authority grants an interlock exemption under section 73ZF. (2) The authority must, by written notice, inform the applicant of–– (a) the special circumstances the authority was satisfied of under section 73ZF (3); and (b) the matters about which the person must notify the authority, under section 73ZK, of any change. (3) The authority must also give the applicant a certificate about the exemption (an exemption certificate).

(4) The exemption certificate must state–– (a) the expiry date of the exemption; and (b) any conditions applying to the exemption. 73ZH When interlock exemption ends (1) A person’s interlock exemption ends on the earliest of the following: (a) the expiry date stated on the exemption certificate; (b) 14 days after the day the person gives the road transport authority a notice under section 73ZK (Person with interlock exemption must give notice of change of circumstances); (c) when the probationary licence period ends. Note A probationary licence is generally issued for 1 year (see s 53). (2) If a person’s interlock exemption ends under subsection (1) (a) or (b), the road transport authority may impose an interlock condition on the probationary licence. (3) In deciding whether to impose an interlock condition under subsection (2), the road transport authority— (a) must consider— (i) whether the person is complying with any order under section 73U (4) (Court-ordered therapeutic program); and (ii) for a person whose interlock exemption ended under subsection (1) (b)––the extent to which the person’s circumstances have changed based on the information provided by the person in the notice under section 73ZK; and (iii) the period of time remaining on the person’s probationary (b) may consider any other relevant matter.

Interlock exemptions Division 3A.3 73ZI Production of exemption certificate to police officer or authorised person (1) This section applies to a person who has an interlock exemption. (2) The person must, if required by a police officer or authorised person, produce for inspection the person’s exemption certificate, at a place directed by the police officer or authorised person, not more than 3 days after the request is made. 73ZJ Failing to comply with condition of interlock exemption (1) A person who has an interlock exemption commits an offence if–– (a) the person’s interlock exemption is subject to a condition under section 73ZF (2); and (b) the person fails to comply with the condition. 73ZK Person with interlock exemption must give notice of change of circumstances (1) This section applies to a person who has an interlock exemption and a relevant change of circumstances happens. (2) The person must give written notice of the change to the road transport authority as soon as practicable, but not later than 7 days after the day the circumstances change.

relevant change of circumstances means a change in any of the matters stated, as required under section 73ZG (2) (b) (Exemption certificate), in a written notice given to the person. 73ZL Alcohol ignition interlock devices––approval (1) The road transport authority may approve a device (an alcohol ignition interlock device) that prevents a motor vehicle from being started, or continuing to be driven, unless the device is provided with a sample of a person’s breath containing no alcohol. (2) The road transport authority must not approve an alcohol ignition interlock device unless the device complies with AS 3547-1997 (Breath Alcohol Testing Devices for Personal Use), as in force from time to time. (3) The Legislation Act, section 47 (6) does not apply to AS 3547-1997. Note AS 3547-1997 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standard may be purchased at www.standards.org.au. (4) An approval is a notifiable instrument Division 3A.5 Interlock installers and service providers 73ZM Application for approval as interlock installer or interlock service provider (1) A person may apply to the road transport authority for approval as either or both of the following: (a) a person who may provide, install and remove an interlock in a nominated vehicle (an approved interlock installer);

(b) a person who may carry out maintenance to ensure the proper operation of an interlock or conduct inspections of an interlock (an approved interlock service provider). 73ZN Issue of approval (1) If a person applies for approval under section 73ZM the road transport authority must— (a) issue the approval; or (b) refuse to issue the approval. (2) The road transport authority must not issue the approval unless the applicant is eligible for approval under section 73ZO. Note An approval may be subject to conditions imposed by the road transport authority (see s 73ZQ). (3) However, the authority may refuse to issue the approval only if— (a) the authority has given the applicant written notice of the proposed refusal; and (i) the reasons for the proposed refusal; and

(ii) that written comments on the proposed refusal may be applicant; and applicant before the end of the stated period. (4) The road transport authority is taken to have refused to issue the approval if the applicant does not comply with a requirement under section 73ZM (2). 73ZO Eligibility for approval (1) A person is eligible to be an approved interlock installer or an approved interlock service provider if the road transport authority is satisfied on reasonable grounds that the person–– (a) is at least 18 years old; and (b) is a suitable person to hold an approval having regard to the matters mentioned in section 73ZP; and (c) for an approved interlock installer–– (i) is suitably qualified and has the abilities, skills, knowledge and experience to perform the functions of an approved interlock installer; and (ii) has access to equipment and facilities necessary to enable the person to provide, install and remove interlocks in motor vehicles; and (d) for an approved interlock service provider–– (i) is suitably qualified and has the abilities, skills, knowledge and experience to perform the functions of an approved interlock service provider; and

(ii) has access to equipment and facilities necessary to enable the person to carry out maintenance to ensure the proper operation of interlocks in motor vehicles and to inspect interlocks. (2) A person is not eligible to be an approved interlock installer or an approved interlock service provider if the road transport authority is satisfied on reasonable grounds that the person–– (a) is unable to perform the functions of an approved interlock installer or an approved interlock service provider because of illness or mental or physical incapacity; or (b) has at any time had an approval as an approved interlock installer or an approved interlock service provider revoked; or (c) has failed to properly perform the functions of an approved interlock installer or an approved interlock service provider. 73ZP Suitable person (1) In deciding whether an applicant is a suitable person to be an approved interlock installer or approved interlock service provider, the road transport authority must have regard to the following matters: (a) whether the person has been convicted or found guilty of a relevant offence within 5 years before the person applies for the approval; (b) whether the person is, or at any time in the last 5 years has been, bankrupt or personally insolvent; Note Bankrupt or personally insolvent––see the Legislation Act, dictionary, pt 1. (c) whether the person has at any time had a driver licence with an interlock condition suspended or cancelled.

corresponding jurisdiction means the Commonwealth, a State or New Zealand. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). relevant offence, means any of the following offences: (a) an offence involving dishonesty; (b) a relevant offence under the Road Transport (Alcohol and Drugs) Act 1977, section 4F; (c) an offence in a corresponding jurisdiction that would have been an offence under paragraph (a) or (b) if committed in the ACT. 73ZQ Approval conditions (1) The road transport authority may issue an approval under section 73ZN, or a renewal under section 73ZT, with conditions. (2) The road transport authority may impose additional conditions or vary or revoke a condition after the approval is issued. (3) Conditions may include but are not limited to the following: (a) conditions relating to the provision, installation, removal, inspection or carrying out of maintenance on interlocks; (b) conditions relating to the interlock data record and the provision of the data to the road transport authority, people nominated by the authority and interlock drivers. (4) However, the authority may impose an additional condition, or vary or revoke a condition under subsection (2), only if— proposed additional condition, variation or revocation of a condition; and

(i) the reasons for the proposed additional condition, variation or revocation of a condition; and (ii) that written comments on the proposed additional condition, variation or revocation of a condition may be 73ZR Term of approval (1) An approval issued under section 73ZN–– (a) is issued for a period of not more than 3 years; and (b) starts on the day the approval is issued or, if a start date is stated in the approval, on the date stated. (2) An approval may be renewed under section 73ZT. 73ZS Form of approval An approval issued under section 73ZN must include the following: (a) the name and business address of the approved interlock installer or approved interlock service provider; (b) the date of issue of the approval; (c) the start date of the approval (if it is not the date of issue); (d) the end date of the approval; (e) any condition imposed on the approval under section 73ZQ; (f) an identifying number for the approval.

73ZT Renewal of approval (1) An approved interlock installer or an approved interlock service provider may apply, in writing, to the road transport authority to renew an approval before the approval term ends. (2) If a person applies to renew an approval under this section, the approval remains in force until the application is decided. (3) The road transport authority may, in writing, require the applicant to Note Giving false or misleading information and producing false or misleading (4) If the applicant does not comply with a requirement under subsection (3), the road transport authority may refuse to consider the 73ZU Issue of renewed approval (1) If an approved interlock installer or an approved interlock service provider applies under section 73ZT to renew an approval, the road transport authority must— (a) renew the approval; or (b) refuse to renew the approval. (2) The authority must not renew the approval unless satisfied that the applicant–– (a) is eligible for approval under section 73ZO; and (b) is complying with any condition of the approval. (3) However, the authority may refuse to renew the approval only if— proposed refusal; and

(i) the reasons for the proposed refusal; and (ii) that written comments on the proposed refusal may be (4) A renewed approval is effective from the end date of the approval held immediately before renewal. 73ZV Revocation of approval (1) The road transport authority may revoke the approval of an approved interlock installer or an approved interlock service provider if the approval holder— (a) fails to comply with a condition of the approval; or (b) is no longer eligible for approval under section 73ZO; or (c) contravenes a provision of this part. (2) However, the road transport authority may revoke the approval only if— proposed revocation; and (i) the reasons for the proposed revocation; and (ii) that written comments on the proposed revocation may be

73ZX Installation or removal of interlock without approval (1) A person commits an offence if the person–– (a) installs an interlock in, or removes an interlock from, a nominated vehicle; and (b) is not an approved interlock installer. 73ZY Maintenance or inspection of interlock without approval (1) A person commits an offence if the person–– (a) carries out maintenance on, or conducts an inspection of, a fitted interlock; and (b) is not an approved interlock service provider. 73ZZA Tampering or otherwise interfering with fitted interlocks (1) A person commits an offence if the person tampers or otherwise interferes with a fitted interlock. Example––tampering removing or interfering with a tamper-evident seal on the fitted interlock

Other matters Division 3A.6 73ZZB Suspected tampering or otherwise interfering with fitted interlocks (1) An approved interlock installer or approved interlock service provider commits an offence if the person–– (a) becomes aware that a fitted interlock has been tampered or otherwise interfered with; and (b) fails to give the road transport authority written notice of the tampering or interference not later than 7 days after the day the person becomes aware of it. 73ZZC Agreements relating to interlocks (1) The road transport authority may enter into an agreement with a person (not inconsistent with the Act or this regulation) about the supply, or provision of services relating to the installation, removal, maintenance and inspection of interlocks under this regulation. (2) An agreement may make provision about the following matters: (a) pricing arrangements for the supply, installation, maintenance and inspection of interlocks; (b) setting and maintaining service standards under the agreement; (c) compliance with standards; (d) the provision, sharing and protection of data recorded on interlocks;

(e) the records (including accounts) to be made and kept, how they are to be made and kept, and their inspection; (f) evaluation and reporting requirements in relation to interlocks. (3) Subsection (2) does not limit the matters about which an agreement may make provision. 73ZZD Security and disclosure of interlock-related information (1) The road transport authority must ensure that interlock-related information is kept securely and disclosed only in accordance with this regulation or another law in force in the ACT. Note The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1). (2) In exercising its functions under this part, the road transport authority may disclose interlock-related information to the following people: (a) an approved interlock installer or an approved interlock service provider; (b) a person who has entered into an agreement with the authority under section 73ZZC; (c) a person who provides any services to a person mentioned in paragraph (a) or (b) in connection with interlocks; (d) a police officer or prosecutor in connection with the enforcement of the road transport legislation. interlock-related information means interlock data records, photographic images from an interlock and information entered in the driver licence register in relation to interlocks.

Part 4 Obligations of driver licence holders and exempt drivers

74 Change of name or address (1) If a person who is the holder of a driver licence changes his or her name, the person must apply in accordance with section 89 (Procedure to replace driver licence or public vehicle driver authority card) for the issue of a replacement driver licence as soon as practicable (but within 14 days) after the change of name. (2) If a person who is the holder of a driver licence changes his or her home address or address for service of notices, the person must tell the road transport authority about the change— (a) orally not later than 14 days after the change; and (b) if the authority asks the person to tell the authority about the change in writing—in writing within the period (not less than 14 days) required by the authority.

75 Damaged, stolen, lost or destroyed licences or public vehicle authority cards (1) If a person’s driver licence or public vehicle driver authority card has been damaged in a material respect or is stolen, lost or destroyed, the person must apply in accordance with section 89 (Procedure to replace driver licence or public vehicle driver authority card) for the issue of a replacement driver licence or public vehicle driver authority card as soon as practicable (but within 14 days) after the licence or card is damaged, stolen, lost or destroyed.

(2) For this section, a driver licence is damaged in a material respect if anything that is required under section 12 (Form of driver licences) to be shown on the licence is missing or cannot be readily read. Note A driver licence that is damaged in a material respect is of no effect (see s 90). (3) Also for this section, a public vehicle driver authority card is damaged in a material respect if anything that is required under section 64A (Authority cards for public vehicle drivers) to be shown on the card is missing or cannot readily be read. Note A public vehicle driver authority card that is damaged in a material respect is of no effect (see s 90).

76 Authority may request suspended or cancelled licence to be returned (1) The road transport authority may, by written notice given to a person whose driver licence is suspended or cancelled under the road transport legislation or any other territory law, require the person to return to the authority as soon as practicable (but within 7 days)— (a) the licence; and (b) if the licence is a public vehicle licence—the person’s public vehicle driver authority card. (2) The road transport authority may, by written notice given to a person whose driver licence is being, or is about to be, suspended or cancelled under the road transport legislation or any other territory law, require the person to return to the authority as soon as practicable (but within 7 days) after the suspension or cancellation takes effect— (a) the licence; and (b) if the licence is a public vehicle licence—the person’s public vehicle driver authority card.

(3) A notice to a person under subsection (1) or (2) may be included in another notice (however described) given to the person under the road transport legislation or any other territory law. (4) A person must not, without reasonable excuse, fail to comply with a notice given to the person under subsection (1) or (2). Maximum penalty (for subsection (4)): 20 penalty units.