Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
sec.218Supervising learners—motor vehicles other than motorbikes
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sec.218 Supervising learners—motor vehicles other than motorbikes
This section applies in relation to a motor vehicle other than a motorbike. A person (a supervisor ) must not direct the driving of a motor vehicle on a road by another person who is authorised to learn to drive the vehicle under chapter 2 , section 174 or chapter 5 (a learner ) unless— the supervisor— holds an O type licence that authorises the supervisor to drive the vehicle; and has held an O type licence, that authorises the supervisor to drive the vehicle, for a period of at least 1 year; and the supervisor sits— if the vehicle has passenger seating next to the learner—next to the learner; or otherwise—near the learner in the vehicle. Maximum penalty—60 penalty units. Subsections (4) and (5) apply if the learner is authorised under chapter 5 to learn to drive the motor vehicle under an interstate licence issued under a corresponding law to chapter 4 , part 1 . Subsection (2) does not apply to the supervisor if the learner is not required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence. The supervisor is taken to comply with subsection (2) if— the learner is required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence; and the supervisor is complying with any requirements that apply to the supervisor in relation to directing the driving of the motor vehicle by the learner in the jurisdiction that issued the interstate licence. a requirement that a person who directs the driving of the motor vehicle by the learner holds a particular category of driver licence or sits in a particular place in the vehicle (sec.218-ssec.1) This section applies in relation to a motor vehicle other than a motorbike. (sec.218-ssec.2) A person (a supervisor ) must not direct the driving of a motor vehicle on a road by another person who is authorised to learn to drive the vehicle under chapter 2 , section 174 or chapter 5 (a learner ) unless— the supervisor— holds an O type licence that authorises the supervisor to drive the vehicle; and has held an O type licence, that authorises the supervisor to drive the vehicle, for a period of at least 1 year; and the supervisor sits— if the vehicle has passenger seating next to the learner—next to the learner; or otherwise—near the learner in the vehicle. Maximum penalty—60 penalty units. (sec.218-ssec.3) Subsections (4) and (5) apply if the learner is authorised under chapter 5 to learn to drive the motor vehicle under an interstate licence issued under a corresponding law to chapter 4 , part 1 . (sec.218-ssec.4) Subsection (2) does not apply to the supervisor if the learner is not required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence. (sec.218-ssec.5) The supervisor is taken to comply with subsection (2) if— the learner is required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence; and the supervisor is complying with any requirements that apply to the supervisor in relation to directing the driving of the motor vehicle by the learner in the jurisdiction that issued the interstate licence. a requirement that a person who directs the driving of the motor vehicle by the learner holds a particular category of driver licence or sits in a particular place in the vehicle