15Learner licence holder must be supervised in vehicle and display “L” plates

#### 15 Learner licence holder must be supervised in vehicle and display “L” plates 15 Learner licence holder must be supervised in vehicle and display “L” plates (cf 2008 Reg cl 15) > > (1) The holder of a learner licence must not drive a motor vehicle (other than a motor bike or motor trike) on a road or road related area unless— > > > > > (a) the seat next to the learner is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorising the holder to drive such a vehicle, or by a police officer or a person authorised by Transport for NSW to test drivers who is submitting the learner to a driving test for the purposes of this Regulation, and > > > > > (b) a sign, issued or authorised by Transport for NSW and displaying the letter “L” in black on a yellow background, is displayed— > > > > > > > (i) on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and > > > > > > > (ii) in such a manner as to be clearly visible and not to in any way obscure the letter “L” on the sign when viewed from ahead of or behind the vehicle. > > > > Maximum penalty—20 penalty units. > > > (2) The offence under subclause (1)(a) is the offence of being the holder of a learner licence driving unaccompanied by a supervising driver for the purposes of section 224(1)(d) of the Act. > > > (3) If a person is convicted of an offence under subclause (1)(a), the person is disqualified by the conviction (and without any specific order) from holding a driver licence— > > > > > (a) for a period of 3 months, or > > > > > (b) if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subclause (4), for the period specified in the order. > > > > Note. > > > > Section 207 of the Act provides for the effect of a disqualification (whether or not by order of a court). > > > (4) In determining a different period of disqualification under subclause (3), the court may specify a period that is— > > > > > (a) more than 3 months but no more than 12 months, or > > > > > (b) less than 3 months, but only if— > > > > > > > (i) the person’s driver licence or authority to drive in New South Wales has been suspended for a period (the suspension period) under Division 4 of Part 7.4 of the Act for that offence, and > > > > > > > (ii) the specified disqualification period, when added to the suspension period, results in a total period of not less than 3 months. > > > (5) The disqualification referred to in subclause (3) is in addition to any other penalty imposed for the offence. > > > (6) A period of disqualification imposed under subclause (3) commences on the date of conviction for the offence to which it relates. > > > (7) Transport for NSW may exempt a person from a requirement in subclause (1)(b) if the person, having held a licence other than a learner licence, currently holds a learner licence because of failing a test of driving ability that Transport for NSW required the person to take. > > > (8) In this clause, a reference to a learner licence includes a reference to a foreign driver licence that has the same or similar effect as a learner licence.