Australian Capital Territory Current Regulations

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ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2000 - REG 78

Tests and medical examinations of drivers etc

    (1)     In this section:

"exempt driver" means—

        (a)     the holder of an Australian driver licence issued under the law of another jurisdiction; or

        (b)     the holder of an external driver licence.

    (2)     The road transport authority may, by written notice given to a person who is the holder of a driver licence or an exempt driver, require the person, within the reasonable time stated in the notice, to do 1 or more of the following:

        (a)     undergo tests or assessments, or provide other evidence, of the person's driving ability or knowledge of safe driving practices or road law;

        (b)     provide other evidence of the person's suitability—

              (i)     for the holder of a driver licence—to hold the driver licence; or

              (ii)     for an exempt driver—to drive a particular class or kind of motor vehicle in the ACT;

        (c)     undergo, at the person's own cost, a medical examination by a doctor or allied professional practitioner (or a stated doctor or allied professional practitioner) in accordance with the required medical standards;

        (d)     if the person has undergone a medical examination mentioned in paragraph (c)—provide a report of the examination;

        (e)     provide other evidence of compliance with the required medical standards;

        (f)     provide information about—

              (i)     an illness, injury or incapacity suffered by the person; or

              (ii)     the effects on the person of treatment (including the taking of a drug) for any illness, injury or incapacity suffered by the person;

        (g)     provide any documents in the person's possession or control relevant to the person's medical fitness—

              (i)     for the holder of a driver licence—to hold the driver licence; or

              (ii)     for an exempt driver—to drive a particular class or kind of motor vehicle in the ACT;

        (h)     if the person has been disqualified in any jurisdiction from holding or obtaining an Australian driver licence—provide evidence of the person's compliance with the requirements of a law relating to the assessment, treatment, supervision or education of drivers convicted or found guilty of offences involving alcohol or drugs that is in force in the jurisdiction where the person was last disqualified from holding or obtaining an Australian driver licence.

Note     For how documents may be given, see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, pt 19.5.

    (3)     For subsection (2) (c) or (d), the road transport authority may accept a certificate of the results of a medical examination conducted in another jurisdiction if the examination was conducted in accordance with the required medical standards.

    (4)     The road transport authority may also do 1 or more of the following:

        (a)     require a person to undergo an examination by an authorised medical reviewer in accordance with the required medical standards;

        (b)     refer a medical report or other information relevant to the person's medical fitness to an authorised medical reviewer for assessment of the person's fitness to hold a driver licence or to drive a particular class or kind of motor vehicle in accordance with the required medical standards;

        (c)     require the person to pay for an assessment under paragraph (a) or (b).

    (5)     The road transport authority may accept evidence of compliance with a requirement in subsection (2) (a), (b) or (h) that the person has obtained in another jurisdiction.

    (6)     If the road transport authority is satisfied that it is not practicable for the person to comply with the requirements under the law of another jurisdiction that are mentioned in subsection (2) (h), the authority may require the person to comply with equivalent requirements.



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