47

47 Exemptions from requirement to hold motorcycle licence

(1)  In this regulation –

full car licence means an Australian driver licence that –

(a) authorises the holder to operate a motor vehicle other than a motorcycle; and

(b) is neither a learner licence nor a provisional licence.

(2)  A person is exempt from the requirement to hold a motorcycle licence when driving a motor trike, if the person –

(a) holds a full car licence and has held that licence for a continuous period of at least 3 years; and

(b) completes all training and assessments required by the Registrar in respect of the exemption; and

(c) has a medical certificate that certifies that the person is physically unable to drive a motor bike due to –

(i) the loss, or the permanent deprivation, of an arm, leg, hand or foot; or

(ii) a total and permanent incapacity; and

(d) before he or she drives a motor trike under the benefit of an exemption under this subregulation, has provided to the Registrar –

(i) written notification that he or she intends to drive a motor trike under the exemption; and

(ii) a copy of the medical certificate referred to in paragraph (c) .

(3)  The holder of a full car licence is exempt from the requirement to hold a motorcycle licence, or a learner motor cycle licence, when driving a motor trike if the holder of the full car licence is participating in training or assessment required by the Registrar under subregulation (2)(b) .

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

(5)  Without limiting the generality of regulation 33 , a condition referred to in subregulation (4) may include that only the motor trike, or class of motor trike, specified in the condition is to be driven under an exemption under this regulation.