33Heavy vehicle learners

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.