40Additional conditions on learner and provisional licences

#### 40 Additional conditions on learner and provisional licences 40 Additional conditions on learner and provisional licences (cf 2008 Reg cl 35A) > > (1) In addition to any other conditions that may be attached to a NSW learner licence, provisional P1 licence or provisional P2 licence, such a licence is subject to the following conditions— > > > > > (a) the holder must not contravene any requirement that is applicable under section 110 (Presence of prescribed concentration of alcohol in person’s breath or blood) of the Act to persons with the same licence as the holder, > > > > > (b) the holder must not drive a motor vehicle at a speed in excess of the maximum speed limit applicable under rule 24–1 (NSW rule: speed limits for learner and provisional licence holders) of the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758) to drivers with the same licence as the holder, > > > > > (c) the holder must not drive a motor vehicle without complying with the requirements of rule 267–1 (NSW rule: restraint of drivers who are holders of learner licences or provisional P1 or P2 licences and their passengers) of the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758) that are applicable to drivers with the same licence as the holder, > > > > > (d) the holder must not use a mobile phone, whether or not held in the hand, while a motor vehicle that is being driven by the holder is moving or is stationary but not parked, > > > > > (e) the holder must not drive a motor vehicle in contravention of a requirement that is applicable to the holder under any of the following provisions of this Regulation— > > > > > > > (i) clause 15(1), > > > > > > > (ii) clause 17, > > > > > > > (iii) clause 18, > > > > > > > (iv) clause 23. > > > (2) Subclause (1)(d) does not apply if— > > > > > (a) a motor vehicle that is being driven by the holder is stationary, and > > > > > (b) the holder is required to use a mobile phone— > > > > > > > (i) in order to comply with a requirement under the Act or this Regulation to produce a driver licence, or > > > > > > > (ii) for a function or use permitted by rule 300–1(3) of the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758). > > > (3) In this clause— > > > > mobile phone and use a mobile phone have the same meanings as in rule 300 of the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758). > > **cl 40:** Am 2020 (229), Sch 2.