99Other exemptions from requirement to hold driver licence

99 Other exemptions from requirement to hold driver licence (1) For the Act, section 31 (1) (b) (Driver must be licensed) a person is exempt from holding an Australian driver licence while driving a motor vehicle on a road or road related area during a test or assessment of the person’s driving ability conducted by an authorised Note Section 33 sets out the circumstances in which a person is exempt under the Act, s 31 (1) (b) while learning to drive a heavy vehicle.

(2) For the Act, section 31 (1) (b), a person is exempt from holding an Australian driver licence while driving, on a road or road related area— (a) a motor vehicle weighing not more than 250kg when unladen that is built or used only for cutting grass or for purposes incidental to cutting grass; or (b) a bicycle; or (c) a motor vehicle that— (i) is designed, and while on a road or road related area is used only, to carry a person with a disability that substantially impairs the person’s mobility; and (ii) cannot travel faster than 10km/h on level ground. Note A bicycle does not include any vehicle— (a) with an electric motor capable of generating a power output over 200W, other than a vehicle that is a power-assisted pedal cycle within the meaning of the national road vehicle standards determined under the Road Vehicle Standards Act 2018 (Cwlth), s 12; or (b) that has an internal combustion engine. (See Road Transport (General) Act 1999, dict, def bicycle.) (3) The Act, section 32 (1) (a) and (3) (a) does not apply to a person driving a motor vehicle on a road or road related area— (a) during a test or assessment of the person’s driving ability conducted by an authorised person; or (b) if the motor vehicle is a motor vehicle mentioned in subsection (2). Note 1 The Act, s 32 (1) (a) creates an offence of driving a motor vehicle on a road or road related area while disqualified except in accordance with a restricted licence.

Note 2 The Act, s 32 (3) (a) makes it an offence for a person to drive a motor vehicle on a road or road related area if the person has been refused a licence or the person’s licence has been cancelled in certain circumstances and the person has not subsequently obtained a licence.