46

46 Exemptions from requirement to hold driver licence

(1)  In this regulation –

farm tractor means a tractor that is being used for farming, dairying, pastoral or horticultural purposes, and that does not form part of an articulated vehicle;

implement includes a motor vehicle that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and that is not constructed on the chassis of a type normally used in the construction of a truck;

plant machinery includes a tractor, other than a farm tractor, a road construction vehicle and an earth-moving machine that is not constructed on the chassis of a type normally used in the construction of a truck.

(2)  The following classes of drivers are exempt from the requirement to hold a driver licence of the classes or types specified when driving the relevant motor vehicle on a public street:

(a) the holder of a car licence, other than a learner licence, is exempt from holding a heavy vehicle licence when driving an agricultural machine, plant machinery or implement;

(b) a person aged 16 years or more who holds a learner licence for a car is exempt from holding a licence of the relevant class to drive a farm tractor if –

(i) the GVM of the farm tractor does not exceed 15 tonnes; and

(ii) the farm tractor is not driven on a public street more than 10 kilometres from the farm on which the tractor is mainly used;

(c) a member of the immediate family of a member of the Australian Armed Forces who resides with that member and who holds an Australian driver licence of a particular class issued under a corresponding law is exempt from holding a driver licence of the same class while the licence issued under the corresponding law is in force;

(d) a consular official who holds a foreign driver licence of a particular class is exempt from holding a driver licence of the same class while the foreign driver licence is in force;

(e) a member of the immediate family of a consular official who resides with the official and holds a foreign driver licence of a particular class is exempt from holding a driver licence of the same class while the foreign driver licence is in force.

(3)  A person is exempt from the requirement to hold a motor cycle learner licence when driving a motor cycle on a public street if –

(a) the person is driving the motor cycle on a public street while participating in a training course, or test or assessment, approved by the Registrar, that is required by the Registrar for the person to obtain his or her motor cycle learner licence; and

(b) while the person is participating in such a course, test or assessment, there is displayed on the rear of the motor cycle a sign issued or authorised by the Registrar that displays the letter "L" in black lettering on a yellow background.

(4)  An exemption under this regulation does not operate in favour of a person who, but for this subregulation, would have the benefit of the exemption if the person is in breach of a condition of the exemption.