Australian Capital Territory Current Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 4B

Meaning of special driver

    (1)     For this Act, a person is a special driver if—

        (a)     the person is not the holder of an Australian driver licence, an external territory driver licence or a foreign driver licence from a recognised country; or

        (b)     the person holds a foreign driver licence that––

              (i)     is not issued under the law of a recognised country; or

              (ii)     if the licence is issued under the law of a recognised country––is a licence that corresponds to a licence mentioned in paragraph (e); or

        (c)     the person's Australian driver licence or external driver licence is suspended; or

        (d)     the person is disqualified from holding or obtaining an Australian driver licence by a court in Australia or under the law of any jurisdiction; or

        (e)     the person holds a learner licence, provisional licence, probationary licence or restricted licence within the meaning given by the Road Transport (Driver Licensing) Act 1999

, dictionary; or

        (f)     the person is the holder of an Australian driver licence with an interlock condition or an equivalent condition under a corresponding law; or

        (g)     the person is the holder of an Australian driver licence and is driving a motor vehicle of a kind that the person is not authorised to drive by the licence; or

        (h)     the person is the driver of—

              (i)     a vehicle on which a sign, marking or placard is required to be displayed under the—

    (A)     Dangerous Goods (Road Transport) Act 2009

; or

    (B)     Dangerous Substances Act 2004

; or

    (C)     Work Health and Safety Act 2011

; or

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

              (ii)     a motor vehicle with a GVM of more than 15t; or

              (iii)     a combination with a GCM of more than 15t; or

              (iv)     a public passenger vehicle; or

              (v)     a light rail vehicle; or

              (i)     the person is learning to drive a heavy vehicle; or

        (j)     the person is a driving instructor who is with a driver for the purposes of—

              (i)     driver instruction; or

              (ii)     driver assessment; or

        (k)     the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or

        (l)     the person is a driving supervisor who is with a person who holds a learner licence (a learner driver ) while the learner driver drives a motor vehicle that displays, or ought to display, L-plates on a road or road related area; or

        (m)     the person is with a driver of a light rail vehicle and is—

              (i)     instructing the driver how to drive a light rail vehicle; or

              (ii)     assessing the driver's suitability to drive a light rail vehicle.

    (2)     However, subsection (1) (a) does not apply to a person who is exempted from holding a driver licence under the Road Transport (Driver Licensing) Act 1999

.

    (3)     In this section:

"Austroads"––see the Road Transport (Driver Licensing) Regulation 2000

, dictionary.

"corresponding law"––see the Road Transport (Driver Licensing) Act 1999

, dictionary.

"driver assessment—"see the Road Transport (Driver Licensing) Regulation 2000

, dictionary.

"driver instruction—"see the Road Transport (Driver Licensing) Regulation 2000

, dictionary.

"driving instructor"—see the Road Transport (Driver Licensing) Regulation 2000

, dictionary.

"driving supervisor"—see the Road Transport (Driver Licensing) Regulation 2000

, section 21 (1).

"heavy vehicle"—see the Heavy Vehicle National Law (ACT)

, section 5.

"heavy vehicle driver assessor"—see the Road Transport (Driver Licensing) Regulation 2000

, dictionary.

"interlock condition"––see the Road Transport (Driver Licensing) Regulation 2000

, section 73W.

"public passenger vehicle"—see the Road Transport (Public Passenger Services) Act 2001

, dictionary.

recognised country –– see the Road Transport (Driver Licensing) Regulation 2000

, section 141.



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