(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)
"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.