14Driving instructors

### 14 Driving instructors > > (1)  Subject to the regulations, a person must not provide driving instruction for reward unless the person – > > > > > > (a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and > > > > > > > (b) holds an ancillary certificate authorising the person to provide the driving instruction for reward. > > > > Penalty:   > > > > > > (a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction – > > > > > > > > > > (i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and > > > > > > > > > > > (ii) for a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or > > > > > > > (b) if the person held an ancillary certificate in driving instruction that was, at the time of the offence, under suspension – > > > > > > > > > > (i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and > > > > > > > > > > > (ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or > > > > > > > (c) in any other case – > > > > > > > > > > (i) for a first offence - a fine not exceeding 20 penalty units; and > > > > > > > > > > > (ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate. > > > (1A)  [*\[Section 14 Subsection (1A) inserted by No. 19 of 2007, s. 8, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-019#GS8@EN) Notwithstanding [subsection (1)](#GS14@Gs1@EN) , the regulations may provide that a person or class of persons specified in the regulations be exempted, subject to such conditions, and until such date, as may be specified in the regulations, from the requirement to hold an ancillary certificate referred to in [subsection (1)(b)](#GS14@Gs1@Hpb@EN) . > > > (2)  A person must not employ, cause or permit another to act as a driving instructor in a business in the course of which driving instruction is provided for reward if the other person is providing the driving instruction contrary to this section. > > > > | Penalty: | > > | (a) if the driving instructor was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction – | > > | (i) for a first offence – | > > | (ia) for a body corporate – a fine not exceeding 200 penalty units; and | > > | (ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and | > > | (ii) for a second or subsequent offence – | > > | (iia) for a body corporate – a fine not exceeding 400 penalty units; and | > > | (iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or | > > | (b) if the driving instructor's ancillary certificate was, at the time of the offence, under suspension – | > > | (i) for a first offence – | > > | (ia) for a body corporate – a fine not exceeding 150 penalty units; and | > > | (ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and | > > | (ii) for a second or subsequent offence – | > > | (iia) for a body corporate – a fine not exceeding 300 penalty units; and | > > | (iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or | > > | (c) in any other case – | > > | (i) for a first offence – a fine not exceeding 20 penalty units; and | > > | (ii) for a second or subsequent offence – | > > | (iia) for a body corporate – a fine not exceeding 200 penalty units; and | > > | (iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. | > > > (3)  It is a defence to a charge of an offence against [subsection (2)](#GS14@Gs2@EN) to prove that the defendant did not know, and could not reasonably be expected to have known, that the instructor was providing driving instruction contrary to this section. > > > (4)  A person must not use, or permit the use of, a motor vehicle for providing driving instruction for reward unless the vehicle complies with the requirements of the regulations for vehicles used for that purpose. > > > > Penalty:  In the case of – > > > > > > (a) a first offence – a fine not exceeding 20 penalty units; and > > > > > > > (b) a second or subsequent offence – > > > > > > > > > > (i) for a body corporate – a fine not exceeding 200 penalty units; and > > > > > > > > > > > (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.