59Competency based assessment

#### 59 Competency based assessment 59 Competency based assessment (cf 2008 Reg cl 49) > > (1) Transport for NSW may approve a scheme (a competency based assessment) under which a person’s competency may be assessed for the purposes of a determination in relation to issuing, varying, suspending or cancelling a driver licence held or to be held by a person. The scheme applies to the extent approved by Transport for NSW. > > > (2) Transport for NSW may require the person to have been assessed under the scheme as being competent to hold the licence as a prerequisite to the making of the determination, or may instead offer assessment under the scheme as an alternative to other means of testing (or provision of information) for the purposes of the determination. > > > (2A) Without limiting subclause (1), Transport for NSW may, in approving a scheme under this clause— > > > > > (a) approve providers of the scheme, and > > > > > (b) approve assessors under the scheme, and > > > > > (c) require assessors to hold a licence under the [Driving Instructors Act 1992](/view/html/inforce/current/act-1992-003). > > > (3) Transport for NSW may issue an applicant for entry into the scheme a log book appropriate to the licence that the applicant seeks to be assessed as competent to hold, together with documentation explaining the operation of the scheme and its relationship to the issue of driver licences. > > > (4) Transport for NSW may require an applicant for entry into the scheme to give the provider of the scheme— > > > > > (a) a completed application in an approved form, and > > > > > (b) personal particulars necessary to identify the applicant and the applicant’s residential address, including any evidence that Transport for NSW may reasonably require to verify those particulars. > > > (5) An applicant for entry into the scheme must— > > > > > (a) in the case of a scheme for the assessment of a person’s competency to hold a motorcycle licence—be at least 16 years and 6 months of age, or > > > > > (b) in any other case—hold a driver licence of the class required by Transport for NSW, or satisfy such other requirements as Transport for NSW may impose, with regard to the purpose for which the applicant is applying for entry into the scheme. > > > (5A) An applicant for a learner licence that is a motorcycle licence who is at least 16 years and 6 months of age is exempt from the requirement to hold a licence in respect of any motor bike or motor trike while it is being ridden in connection with assessment under the scheme. > > > (6) Transport for NSW may issue a replacement log book, on payment of the applicable fee, if it is satisfied that a log book has been lost, stolen or damaged. > > > (7) In this clause— > > > > log book means a book in an approved form in relation to a particular class of driver licence— > > > > > (a) listing the driving competencies to be achieved in order to obtain a licence of that class, and > > > > > (b) providing for the recording and authentication, in space provided in the book of particulars of assessment, in relation to those competencies of the person to whom the book is issued. > > **cl 59:** Am 2018 (410), Sch 1 \[6\]–\[8\]; 2025 (125), Sch 2\[6\]–\[9\].