What it does
The Road Transport (Driver Licensing) Regulation 2017 (the Regulation) is subordinate legislation made under the Road Transport Act 2013 (the Act). Its core function, stated in clause 3, is to assist in providing for the consistent administration and enforcement of a driver licensing system throughout Australia. It does this by prescribing the detailed machinery that sits beneath the Act’s broad licensing framework.
In practical terms the Regulation does five main things. First, it classifies driver licences into seven classes (cl 5) and specifies the hierarchy and the exact vehicles each class authorises (cll 6–8). A car licence (class C) permits a vehicle with GVM ≤ 4.5 t seating ≤ 12 adults plus certain tractors and implements, while a multi-combination vehicle licence (class MC) covers virtually everything else except motorcycles. Towing authorisations are tightly calibrated: a car or light rigid licence holder may tow a trailer of GVM ≤ 9 t only if mass limits under the Heavy Vehicle National Law (NSW) or light vehicle rules are met (cl 8).
Second, the Regulation creates a graduated licensing system. Learner licences (Division 1 of Part 3) require supervision by an unrestricted licence holder, display of L plates, and prohibit carrying passengers on motorcycles or towing (cll 15–18). Provisional P1 licences (first-stage) last up to 18 months and impose red P plates, passenger and towing limits, and high-performance vehicle bans (cll 20–24). Provisional P2 licences (second-stage) use green P plates, last up to 36 months and add further passenger and vehicle restrictions (cll 27–32). Extensions to these periods are possible for false ID offences (cl 35) or certain traffic infringements (cl 35A).
Third, it imposes ongoing obligations. All licences must display conditions by code (cl 9) and may be made subject to automatic transmission, corrective lenses, interlock devices or other restrictions. Clause 40 adds blanket conditions on learner and provisional holders: zero alcohol, adherence to lower speed limits, restraint requirements and a total mobile-phone ban while the vehicle is moving or stationary but not parked. Interlock licences (Part 11) are subject to a suite of additional conditions (cl 85) including nominated vehicles, regular medical counselling and prohibitions on placard loads.