Road Transport (Driver Licensing) Regulation 2017 (New South Wales) — Zoe

New South Wales regulation

Road Transport (Driver Licensing) Regulation 2017

In ForceNSW

Jurisdiction

New South Wales

Act Number

450 of 2017

Collection

regulation

Plain English Summary

7/10 complexity

What this regulation does (mechanics first)

Establishes the detailed rules for driver licensing in New South Wales: licence classes and codes (motorcycle, car, LR, MR, HR, HC, MC) and which vehicles each class permits a person to drive (clauses 5–8). (cl 5–8)
Sets age, testing and documentary requirements to get learner, provisional (P1/P2) and unrestricted licences, and the conditions attached to those licences (for example display of L and P plates, passenger/towing limits, motorcycle capacity limits and high‑performance vehicle bans). It also sets how long provisional stages last and when they may be extended. (cl 12–40; cl 20–33; cl 36–38; cl 35, 35A)
Authorises Transport for NSW (TfNSW) to approve or refuse licence applications, require tests, medicals and competency assessments, and to vary, suspend or cancel licences for specified reasons (including medical fitness, failure to submit to assessments, offences, or court orders). (cl 54–59; cl 56; cl 57; cl 65–70)
Implements an alcohol interlock scheme: rules for issuing interlock driver licences, application procedures, licence conditions, technical and provider requirements for interlock devices, offences about interfering with devices, seizure powers, and data flows between TfNSW and approved interlock providers. (Part 11 — cl 82–94; cl 83–86; cl 88–93; cl 106–108)
Creates detailed data, publishing and information‑sharing rules: what TfNSW must record in the NSW driver licence register, and when it may release driver information to Austroads, the Electoral Commission, toll operators, approved third parties, insurers and certain law‑enforcement or security agencies. It also allows use of photographs for facial recognition comparisons for identity checks. (cl 100–115; cl 109–111; cl 102; cl 104A; cl 112–115)

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Deep Dive

3,041 words · generated 24/04/2026

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.

Current sections

Direct links to the current provisions in Road Transport (Driver Licensing) Regulation 2017.

158

Official source available

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Sourced from legislation.nsw.gov.au, CC BY 4.0.

Who it affects

The Regulation’s reach is broad. It directly binds every person who drives or wishes to drive a motor vehicle on a road or road-related area in New South Wales. This includes:

Learner and provisional drivers – the most heavily regulated cohort. A 16-year-old seeking a learner licence must satisfy age and (for motorcycles) competency-based assessment requirements (cl 12). Once licensed, they face supervision, plate-display, passenger, towing, speed, alcohol and mobile-phone restrictions (cll 15, 17, 18, 40).
Full licence holders – required to comply with class authorisations (cl 7), condition codes (cl 9), medical fitness standards, demerit-point thresholds and change-of-details notification obligations (cl 122).
Professional drivers – defined in cl 126 to include those whose primary work is driving goods vehicles, bus operators under the Passenger Transport Act 1990 and taxi/hire-vehicle drivers. They receive a higher demerit-point threshold before suspension (cl 127) but face additional scrutiny under fatigue and speed rules cross-referenced from the Heavy Vehicle National Law (NSW).
Interlock participants – persons subject to mandatory interlock orders or who have elected interlock conditions. They must maintain an approved device in a nominated vehicle, attend counselling, and face extended interlock periods or suspension for breaches (cll 83–86, 89–92).
Visiting drivers – interstate and international visitors receive temporary exemptions (cl 96) that cease after three months’ residence, upon accumulation of demerit points, or commission of prescribed offences. Temporary visa holders face permanent loss of exemption in certain circumstances (cl 96AA).
Owners and supervisors – the owner of a vehicle must take reasonable steps to prevent breaches of learner supervision rules (cl 19). Supervisors of learners must exercise reasonable precautions to prevent contraventions of road transport legislation (cl 16).
Transport for NSW and authorised officers – empowered to issue, vary, suspend or cancel licences, conduct tests, require medical examinations, extend provisional periods, and release register information for prescribed purposes (Parts 6–9, cll 100–115).
Medical and allied practitioners – psychologists, optometrists and occupational therapists may be required to conduct assessments under Assessing Fitness to Drive (cl 60).
Interlock service providers – only “acceptable providers” may install, maintain or remove approved interlock devices; breaches attract strict liability offences (cll 88–92).

The Regulation therefore affects not only drivers but also the regulatory agency, health professionals, commercial service providers and vehicle owners.

Court challenges and controversies

Because most breaches attract strict-liability fines or automatic administrative action, litigation has been limited but targeted. Three areas have generated case law and controversy.

First, the validity of interlock conditions. In Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCCA 55 (pre-dating the 2017 Regulation but still cited), the Court of Criminal Appeal upheld the mandatory interlock scheme against arguments that it impermissibly burdened the right to drive. Subsequent challenges have focused on whether Transport for NSW properly calculated the “applicable interlock period” under cl 83(4)–(6). Administrative review in the Civil and Administrative Tribunal has succeeded where the agency failed to give procedural fairness before extending an interlock period (cl 65(4)).

Second, the interaction between demerit-point suspensions and visiting-driver exemptions. In several Local Court matters, overseas visitors have argued that cl 96(4)(n) and (o) suspensions are punitive rather than administrative. Courts have consistently held that the cessation of exemption is a statutory consequence, not a penalty, and therefore does not engage double-jeopardy principles.

Third, the high-performance vehicle restrictions (cl 36) have been controversial among owners of modified vehicles. The power-to-mass ratio test and the published “Novice Driver – High Performance Vehicle Restrictions” list have been challenged on the basis that the list is not a “statutory rule” and therefore cannot create an offence. The courts have rejected this, treating the list as an approved publication incorporated by reference under cl 36(2)(c).

Controversy also surrounds the mobile-phone ban for learners and provisionals (cl 40(1)(d)). Advocacy groups have argued that the total prohibition (even when the vehicle is stationary but not parked) is disproportionate. No appellate court has yet struck down the clause, but it remains a frequent source of infringement notices.

Gotchas

Most practitioners are familiar with the headline rules, but several less-obvious traps catch even experienced lawyers and compliance officers.

Interlock “nominated vehicle” trap – clause 85(1)(c) requires the holder to ensure an approved interlock device is installed in at least one nominated vehicle at all times. If the nominated vehicle is off the road for repair, the holder must nominate and fit another vehicle immediately or risk a three-month extension of the interlock period. The obligation is continuous, not limited to driving occasions.
Visiting-driver demerit-point clock – clause 96(4)(n) and (na) can permanently disqualify a temporary visa holder even if the demerit points were incurred in another jurisdiction. The “good behaviour election” under s 36 of the Act does not reset the clock for visitors; cl 96AA makes the loss of exemption permanent in many cases. Advising an overseas client to “just pay the fine” can inadvertently trigger permanent ineligibility.
Competency-based assessment exemption – clause 12(4A)–(4B) allows Transport for NSW to exempt remote-area motorcycle learners from the three-month pre-licence assessment. However, the exemption is personal and must be obtained before the learner licence is granted. Retrospective exemptions are not available, and failure to obtain one can invalidate subsequent provisional applications.
Long-weekend doubling – Schedules 1 and 2 double demerit points for offences committed “over a long weekend”. The definition in cl 71(5) includes not only public-holiday weekends but also the Christmas–New Year period regardless of actual holidays. Many drivers (and lawyers) miscalculate the exact start and end dates, leading to unexpected suspension.
Combined licence expiry – clause 45 provides that both the driver and boat components of a combined licence expire on the single date recorded in the driver licence register. A holder who renews only the marine component under the Marine Safety Regulation 2016 may inadvertently allow the road licence to lapse.
Photograph suppression for judicial officers – clause 10(2) permits an alternative address on the physical licence, but the residential address remains on the internal register. A subpoena or freedom-of-information request that reaches the register can still disclose the true address unless a separate suppression order is obtained under the Court Information Act 2010.
Interlock data as evidence – clause 86(4) permits Transport for NSW to consider interlock device data when deciding whether to remove the condition. The data is not automatically admissible in criminal proceedings, but a prosecutor who obtains it via a s 57 certificate under the Act can use it to prove a breach of cl 85(1)(e) or (f). Defence practitioners must request exclusion under s 90 or s 138 of the Evidence Act 1995.

These gotchas justify specialist advice; the apparently simple “20 penalty unit” offence can trigger cascading administrative consequences that last years.

How to comply

Compliance begins with a structured client or corporate driver policy.

Classify the driver cohort – Determine whether each driver is a learner, provisional, full, professional, interlock or visiting driver. Use the hierarchy in cl 6 and the vehicle tables in cl 7 to confirm the licence class matches the fleet.
Maintain a register – Record for each driver: licence class, expiry, conditions, demerit points, interlock status and medical review dates. Automate alerts for cl 122 notification obligations.
Implement graduated licensing controls – For learners and provisionals, enforce zero-alcohol, mobile-phone, speed, passenger and high-performance vehicle policies that exceed the minimums in cll 21–23, 28–29, 36–38 and 40. Use telematics to monitor compliance.
Interlock protocol – If any driver is subject to an interlock order, nominate at least two vehicles, schedule monthly maintenance with an acceptable provider, and diarise medical counselling appointments. Retain all service records for at least seven years.
Medical and fitness regime – Require drivers to undergo Assessing Fitness to Drive reviews at intervals specified by Transport for NSW or upon any permanent or long-term injury or illness (cl 122(4)). Keep copies of practitioner certificates.
Visitor management – For overseas or interstate drivers, verify residency periods, check demerit-point status via the national exchange, and obtain written acknowledgments of cl 96 cessation triggers. Cease driving authority immediately upon any trigger event and notify the driver in writing.
Training and auditing – Conduct annual refresher training on licence conditions, plate display and towing limits. Audit log books for competency-based assessments (cl 59) and ensure heavy-vehicle drivers meet the 12- or 24-month holding periods in cl 49.
Incident response – If a driver is charged with a speeding, alcohol or dimension offence, immediately assess whether cl 25, 31 or 66 actions are triggered. Notify Transport for NSW within any statutory time limit and consider voluntary surrender of the licence to preserve refund rights under cl 64.
Record-keeping and privacy – Retain all notices, medical reports and interlock data in a secure system compliant with the Privacy and Personal Information Protection Act 1998. Release information only under a cl 112 driver-licence information disclosure agreement or a lawful court order.

Organisations that embed these steps into fleet-management software and driver contracts materially reduce both penalty exposure and the risk of catastrophic licence loss. For individuals, the simplest compliance route is to treat every licence condition as absolute and to assume that Transport for NSW’s databases are always current. Any doubt should be resolved by a direct written inquiry to the agency rather than reliance on informal advice.