Australian Capital Territory Current Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2000

- made under the Road Transport (Driver Licensing) Act 1999

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of regulation  
   2.       Dictionary  
   3.      Notes  
   4.      Offences against regulation—application of Criminal Code etc  

   PART 2--DRIVER LICENCES GENERALLY

   5.      Basic kinds of driver licence  
   6.      Conditional and public vehicle licences  
   7.      Driver licence classes, class codes and class short descriptions  
   8.      Driver licence class hierarchy  
   9.      Vehicles authorised to be driven by licence classes  
   10.     Multi-combination vehicle licence (class MC licence)  
   10A.    Learning to drive manual transmission vehicles  
   11.     Public vehicle licence codes and vehicles authorised to be ridden or driven  
   11A.    Unauthorised use of L-plates  
   11B.    Unauthorised use of P-plates  
   12.     Form of driver licences  
   13.     Driver licence receipts  
   14.     Driver licence register  

   PART 3--LEARNER LICENCES, PROVISIONAL LICENCES AND HEAVY VEHICLE LEARNER LICENCES

           Division 3.1--Licence training courses

   15.     Driver training course providers—approval  

           Division 3.2--Learner licences

   16.     Eligibility to apply for learner licence  
   17.     Issue of learner licences  
   18.     Duration of learner licences  
   19.     Restrictions on learner motorcycle licence riders  
   20.     Restrictions on learner car licence drivers  

           Division 3.3--Provisional licences

   21.     Definitions—div 3.3  
   22.     Eligibility to apply for provisional licence  
   23.     Hazard perception test  
   24.     Issue of provisional licences  
   25.     Duration of provisional licences  
   26.     When additional class to be included as provisional class  
   27.     Duration of additional provisional classes  
   28.     Provisional motorcycle licence restrictions—ACT licences  
   29.     Provisional motorcycle licences—towing restrictions  
   30.     Provisional licence condition—display P-plate  
   31.     Provisional licence passenger restrictions for cars—ACT licences  
   32.     Provisional car licences—towing restrictions  

           Division 3.4--Heavy vehicle learner and licence eligibility

   33.     Heavy vehicle learners  
   34.     Heavy vehicle licence eligibility  

           Division 3.5--Full licences

   35.     Eligibility to apply for full licence  
   36.     Issue of full licences  
   37.     Duration of full licences  

           Division 3.6--Additional licence classes

   42.     Eligibility to apply for additional licence class  
   43.     Issue of driver licence with additional class  
   44.     Duration of varied licence  

           Division 3.7--Restricted licences

   45.     Eligibility to apply to Magistrates Court for order authorising issue of restricted  
   46.     Application for order authorising issue of restricted licence  
   47.     Circumstances in which court may give order authorising issue of restricted  
   48.     Authority by court to issue restricted licence  
   49.     Issue of restricted licence by road transport authority  
   50.     Conditions of restricted licences  
   51.     Evidence of application for restricted licence inadmissible  

           Division 3.8--Probationary licences

   52.     When probationary licence must be issued  
   53.     Duration of probationary licences  
   54.     Conditions of probationary licences  

           Division 3.9--Conditional licences

   55.     Issue and variation of driver licences subject to conditions  
   56.     Procedures for variation of driver licence conditions on authority's own  
   57.     Driver licence condition codes and explanatory notices  
   58.     Duration of varied licence  
   59.     Duties of holders of conditional licences  
   60.     Conditional licence holders to comply with conditions  
   61.     Application of conditions when driving etc in other jurisdictions  

           Division 3.10--Public vehicle licences

   62.     Eligibility to apply for public vehicle licence  
   63.     Issue of driver licence that includes public vehicle licence  
   64.     Duration of driver licence that includes public vehicle licence  
   64A.    Authority cards for public vehicle drivers  
   64B.    Return of public vehicle driver authority card  
   65.     Public vehicle driver training courses and requirements  

           Division 3.11--Eligibility to apply for issue and variation of licences generally

   66.     Eligibility to apply for licence if disqualified or licence suspended  
   66A.    Licence eligibility requirement exemptions—generally  
   67.     Authority may exempt from certain eligibility requirements  
   68.     Working out period a class or kind of licence has been held  

           Division 3.12--Applications to obtain or vary driver licences

   69.     Application procedure for issue and certain variations of driver  
   70.     When applications for issue and certain variations of driver licences can be  
   71.     How certain applications may be dealt with  
   72.     Application must be approved if not refused  
   73.     Surrender of current driver licence and duration of replacement  

           Division 3.13--Alcohol awareness courses

   73A.    Application—div 3.13  
   73B.    Meaning of alcohol awareness course  
   73C.    Requirement to complete alcohol awareness course—person not  
   73D.    Requirement to complete alcohol awareness course—person disqualified and not eligible  
   73E.    Requirement to complete alcohol awareness course—person disqualified and eligible for  
   73F.    Requirement to complete alcohol awareness course—person no longer disqualified and  
   73G.    Exemption from alcohol awareness course—application  
   73H.    Exemption from alcohol awareness course—decision on application  
   73HA.   Exemption from alcohol awareness course––issue of restricted or probationary  
   73I.    Alcohol awareness course—approval  

           Division 3.14--Drug awareness courses

   73J.    Application—div 3.14  
   73K.    Definitions—div 3.14  
   73L.    Requirement to complete drug awareness course—person not  
   73M.    Requirement to complete drug awareness course—person disqualified and not eligible for  
   73N.    Requirement to complete drug awareness course—person disqualified and eligible for  
   73O.    Requirement to complete drug awareness course—person no longer disqualified and  
   73P.    Exemption from drug awareness course—application  
   73Q.    Exemption from drug awareness course—decision on application  
   73QA.   Exemption from drug awareness course––issue of restricted or probationary  
   73R.    Drug awareness course—approval  

   PART 3A--ALCOHOL IGNITION INTERLOCK DEVICES

           Division 3A--.1 General

   73S.    Definitions––pt 3A  

           Division 3A--.2 Conditional licences––alcohol ignition interlock devices

   73T.    Mandatory interlock condition  
   73U.    Court-ordered therapeutic program  
   73V.    Voluntary interlock condition  
   73VA.   Interstate driver licences with interlock conditions  
   73W.    Interlock condition  
   73X.    Nomination of vehicle  
   73Y.    Interlock period  
   73YA.   Interlock period breach  
   73Z.    When interlock condition ends  
   73ZA.   Producing interlock data record  
   73ZB.   Destruction of interlock data record prohibited  
   73ZC.   Interlock data record destroyed, lost or stolen  
   73ZD.   Offences relating to use of another person's means of  

           Division 3A--.3 Interlock exemptions

   73ZE.   Exemption from interlock condition––application  
   73ZF.   Exemption from interlock condition––decision on  
   73ZG.   Exemption certificate  
   73ZH.   When interlock exemption ends  
   73ZI.   Production of exemption certificate to police officer or authorised  
   73ZJ.   Failing to comply with condition of interlock exemption  
   73ZK.   Person with interlock exemption must give notice of change of  

           Division 3A--.4 Approval

   73ZL.   Alcohol ignition interlock devices––approval  

           Division 3A--.5 Interlock installers and service providers

   73ZM.   Application for approval as interlock installer or interlock service  
   73ZN.   Issue of approval  
   73ZO.   Eligibility for approval  
   73ZP.   Suitable person  
   73ZQ.   Approval conditions  
   73ZR.   Term of approval  
   73ZS.   Form of approval  
   73ZT.   Renewal of approval  
   73ZU.   Issue of renewed approval  
   73ZV.   Revocation of approval  
   73ZX.   Installation or removal of interlock without approval  
   73ZY.   Maintenance or inspection of interlock without approval  
   73ZZA.  Tampering or otherwise interfering with fitted interlocks  
   73ZZB.  Suspected tampering or otherwise interfering with fitted interlocks  

           Division 3A--.6 Other matters

   73ZZC.  Agreements relating to interlocks  
   73ZZD.  Security and disclosure of interlock-related information  

   PART 4--OBLIGATIONS OF DRIVER LICENCE HOLDERS AND EXEMPT DRIVERS

   74.     Change of name or address  
   75.     Damaged, stolen, lost or destroyed licences or public vehicle authority  
   76.     Authority may request suspended or cancelled licence to be returned  
   77.     Medical condition or treatment affecting driving ability  
   78.     Tests and medical examinations of drivers etc  
   78A.    Meaning of required medical standards  
   78B.    Appointment of authorised medical reviewers  
   79.     Authority may require public vehicle driver to undertake training  
   80.     Verification of driver licence register and monitoring of compliance  

   PART 5--OTHER PROVISIONS ABOUT DRIVER LICENCES

           Division 5.1--Surrender, expiry and renewal of driver licences

   81.     Surrender of driver licence or public vehicle authority card  
   82.     Surrender of licence class or public vehicle licence  
   83.     When licences expire  
   84.     Notice of renewal for driver licence  
   85.     Application procedure for renewal of driver licence  
   86.     Duration of renewed driver licences  

           Division 5.2--Variation, suspension or cancellation of driver licences

   87.     When authority may vary, suspend or cancel driver licences  
   88.     Procedures for variation, suspension and cancellation of driver licences  
   88AA.   Mandatory suspension of driver licence for failing to complete alcohol or drug awareness  
   88AB.   Public vehicle licence—suspension—knowledge or skills  
   88A.    Public vehicle licence––licence taken to be cancelled if holder no longer  
   88B.    Public vehicle licence––licence holder to give information about visa  

           Division 5.3--Replacement of driver licences and public vehicle driver authority cards

   89.     Procedure to replace driver licence or public vehicle driver authority  

           Division 5.4--Other matters

   90.     Damaged licences and public vehicle driver authority cards of no  
   90A.    Public vehicle licence guidelines—relevant offences  

   PART 6--INTERSTATE DRIVERS, OVERSEAS DRIVERS AND OTHER DRIVERS

           Division 6.1--General

   91.     Meaning of automatic disqualifying circumstance  
   92.     Non-ACT licence holders to hold driver licence in certain circumstances  

           Division 6.2--Exemptions

   93.     Exemption by authority from requirement to hold licence  
   94.     Exemption of overseas drivers—Act, s 31 (1) (b)  
   94A.    Exemption of drivers of public vehicles driven for hire or reward—Act,  
   95.     Exemption of drivers of vehicles used for agricultural work  
   96.     Exemption of drivers of certain vehicles used for primary production  
   97.     Exemption of drivers of self-propelled elevated work platforms  
   98.     Exemption of drivers of golf and green keeping vehicles  
   98A.    Exemption of drivers of light rail vehicles—Act,  
   99.     Other exemptions from requirement to hold driver licence  
   99A.    Police motorcycle riders—licence eligibility requirement and  
   99B.    Police officers—full licence manual transmission—Act,  
   100.    Production of English translation of foreign driver licence to police officer  

           Division 6.3--When visiting interstate licence holders cannot drive

   101.    When holders of interstate licences cannot drive  

           Division 6.4--Disqualification of interstate and overseas licence holders

   102.    When authority may disqualify interstate and overseas licence holders from driving in  
   103.    Procedure to disqualify holders of interstate or external licences from driving  

           Division 6.5--Overseas driver licence holders – eligibility for probationary licence

   103AA.  Overseas drivers––eligibility criteria  

   PART 7--ACCREDITATION OF DRIVING INSTRUCTORS AND HEAVY VEHICLE DRIVER ASSESSORS

           Division 7.1--Accreditation

   103A.   Meaning of accreditation—pt 7  
   104.    Eligibility to apply for accreditation  
   104A.   Required training for accreditation  
   105.    Application procedure for accreditation  
   106.    When applications for accreditation can be refused  
   107.    Accreditation and certificates of accreditation  
   107A.   Replacement of certificate of accreditation  
   108.    Display of certificate of accreditation—driving instructor  
   108A.   Display of certificate of accreditation—heavy vehicle driver  
   108B.   Production of certificate of accreditation  
   109.    Surrender of accreditation  

           Division 7.2--Suspension, cancellation and other action in relation to accreditation

   110.    Automatic suspension or cancellation of accreditation  
   111.    When authority may take action in relation to accreditation  
   112.    Procedures for authority taking action in relation to accreditation  
   113.    Return of certificate of accreditation  

           Division 7.3--Driver instruction and assessment

   114.    Use of vehicle for instruction  
   114A.   Restrictions on dual accelerator vehicles  
   115.    Liability insurance compulsory  
   115A.   Police officer or authorised person may require evidence of liability  
   117.    Pretending to be accredited  
   118.    Code of practice for instructors and assessors  
   119.    Approval of assessment standards  
   119A.   Heavy vehicle driver assessor authorised for lower licence  

           Division 7.4--Other matters

   120.    Tests and medical examinations of driving instructors etc  
   121.    Authority may require instructor or assessor to undertake training  
   122.    Approval of training courses  
   122A.   Accreditation guidelines—relevant offences  

   PART 8--LICENCE DEMERIT POINTS

           Division 8.1--Demerit points—learner and provisional licences

   123.    Demerit points incurred by applicants for issue or renewal of learner or provisional  
   124.    Demerit points incurred by learner and provisional licence holders  
   125.    Notice of licence suspension for demerit points incurred by learner and provisional  

           Division 8.2--Demerit points—additional provisional class

   126.    Demerit points incurred by applicants for issue or renewal of additional provisional  
   127.    Demerit points incurred by holders of licences with additional provisional  
   128.    Notice of suspension of additional provisional class  

           Division 8.3--Demerit points–restricted licences

   129.    Demerit points incurred by applicants for restricted licences  
   130.    Demerit points incurred by restricted licence holders  

           Division 8.4--Demerit points—probationary licences

   131.    Demerit points incurred by applicants for or holders of probationary  
   132.    Demerit points incurred by probationary licence holders  
   133.    Notice of licence cancellation for demerit points incurred by probationary licence  

           Division 8.5--Demerit points—other provisions for this part

   134.    Demerit points—points incurred but not taken into account for notices under pt  
   135.    Demerit points—pt 8 not affected by suspension etc under another  
   136.    Demerit points—notices under pt 8  

           Division 8.6--Demerit points—general

   137.    Demerit points—notices under Act, div 2.3  
   137A.   Demerit points—effect of withdrawal of infringement notice  
   138.    Demerit points register—inspection  

   PART 8A--PROTECTION OF PHOTOGRAPHS AND SIGNATURES

   138A.   Use of photographs by road transport authority—Act, s 36 (1)  
   138B.   Disclosure of photographs and signatures by road transport authority—Act, s 37 (1)  

   PART 9--MISCELLANEOUS

   138C.   Verifying eligibility requirement falsely etc  
   139.    Home address and addresses for service  
   140.    Acting through and for corresponding licensing authorities  
   141.    Meaning of recognised country  
           DICTIONARY
           ENDNOTES