12Eligibility to apply for learner licence

#### 12 Eligibility to apply for learner licence 12 Eligibility to apply for learner licence (cf 2008 Reg cl 12) > > (1) A person is eligible to apply for a learner licence if the person meets the relevant eligibility requirements set out in this clause, or is exempted from being required to do so— > > > > > (a) in any case (including a learner licence that is a motorcycle licence)—by Transport for NSW under Part 5, or > > > > > (b) in the case of a learner licence that is a motorcycle licence—under subclause (4A). > > > (2) The relevant eligibility requirement for a learner licence that is a car licence is that the person is at least 16 years of age. > > > (3) The relevant eligibility requirements for a learner licence that is a motorcycle licence are— > > > > > (a) that the person is at least 16 years and 9 months of age, and > > > > > (b) that, within the previous 3 months, the person has been assessed under a competency based assessment as competent to hold the licence. > > > (4) Transport for NSW may grant a learner licence to an applicant who is under the required age, but only if Transport for NSW is satisfied that special circumstances exist that justify the granting of a learner licence to the person. > > > (4A) Transport for NSW may, unconditionally or subject to conditions, exempt by notice any person or class of persons from the eligibility requirement in subclause (3)(b). > > > (4B) Without limiting subclause (4A), Transport for NSW may exempt a person from the eligibility requirement in subclause (3)(b) if— > > > > > (a) the person resides in a place that Transport for NSW is satisfied would make it impracticable for the person to be assessed under the competency based assessment, and > > > > > (b) the person does any other thing required by Transport for NSW (including any thing required under clause 54(2)) instead of being assessed under the competency based assessment. > > > (5) Despite any other provision of this clause, a learner licence may be granted for any period to a person whose provisional licence, not being a motorcycle licence, has been cancelled. > > **cl 12:** Am 2018 (410), Sch 1 \[1\]–\[3\]; 2025 (125), Sch 2\[2\].