ACT Numbered Regulations - Explanatory Statements

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ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT REGULATION 2007 (NO 1) (NO 32 OF 2007)

Australian Capital Territory

Road Transport (Driver Licensing) Amendment Regulation 2007 (No 1)

Subordinate Law SL2007-32

made under the

Road Transport (Driver Licensing) Act 1999

EXPLANATORY STATEMENT

The Road Transport (Driver Licensing) Amendment Regulation 2007 (No 1) (the Amendment Regulation) amends the Road Transport (Driver Licensing) Regulation 2000.

The objective of the Amendment Regulation is to enable overseas driver licence holders who are authorised to drive a motor vehicle with a gross vehicle mass (GVM) not over 3.5 tonnes, to drive a motor vehicle with a GVM not over 4.5 tonnes while driving in the ACT. One of the outcomes of this amendment will be to facilitate overseas licence holder’s driving motor homes while visiting Australia.

1 Name of regulation
Clause 1 provides the name of the regulation, the Road Transport (Driver Licensing) Amendment Regulation 2007 (No 1).

2 Commencement
Clause 2 specifies that the regulation commences on the day after its notification day.

3 Legislation amended
Clause 3 notes that the regulation amends the Road Transport (Driver Licensing) Regulation 2000.

4 Section 94 heading
Clause 4 amends section 94 heading in line with current legislation drafting practices by making reference to the Act, section 31 (1) (b) (driver must be licensed) in the heading.

5 Section 94 (2)
Clause 5 amends section 94 (2) as a consequence of the amendment to section 94 heading.

6 Section 94 (2A)
Clause 6 inserts new section 94 (2A) to provide that a person is exempt from holding an Australian driver licence while driving, in the ACT, a motor vehicle that has a GVM not over 4.5 tonnes and seats no more than 12 adults if the licence held by the person authorises the person to drive a motor vehicle with a GVM not over 3.5 tonnes.

7 Section 94 (3)
Clause 7 amends section 94 (3) as a consequence of the amendment to section 94 (2A) to clarify when a person ceases to be exempt under subsection (2) or (2A).