Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977 , the Registrar may grant to a person a full licence to drive a specified class of motor vehicles and may renew that licence from time to time.
(2) Subject to this section, the Registrar shall not grant a full licence unless the applicant—
(a) has held a full licence or holds or has held a corresponding licence; or
(b) has held a provisional licence, a probationary licence or a corresponding licence for a period of, or periods totalling, not less than 3 years.
(3) Subject to this section, the Registrar shall not grant a full licence unless the applicant—
(a) in the case of a full licence to drive a rigid truck, rigid motor omnibus, public motor vehicle, private hire car or restricted hire vehicle—has held a licence or provisional endorsement, or a corresponding licence, to drive a light vehicle for a period of, or periods totalling, not less than 12 months;
(b) in the case of a full licence to drive an articulated vehicle, a heavy trailer combination or an articulated motor omnibus—has held a licence or a corresponding licence to drive a rigid truck or rigid motor omnibus (other than a small motor omnibus) for a period of, or periods totalling, not less than 12 months; or
(c) in the case of a full licence to drive a road train or B-double—has held a licence or a corresponding licence to drive—
(i) a heavy articulated vehicle; or
(ii) a heavy trailer combination—
(A) the GCM of which exceeds 24 tonnes; or
(B) that has more than 3 axles;
for a period of, or periods totalling, not less than 12 months.
(4) A reference in a paragraph of subsection (2) or (3) to a corresponding licence shall be read as a reference to a corresponding licence that, in the opinion of the Registrar, is equivalent to a licence referred to in that paragraph.
(5) In calculating, for the purposes of this section, the time during which a person has held a licence, any period during which the licence has been suspended shall be excluded.
(6) Subject to this section, the Registrar shall not grant a full licence unless the applicant—
(a) in the case of a licence to drive a rigid truck or rigid motor omnibus—is at least 18 years of age;
(b) in the case of a licence to drive an articulated vehicle, a heavy trailer combination or an articulated motor omnibus—is at least 19 years of age; and
(c) in the case of a licence to drive a road train, B-double, public motor vehicle, private hire car or restricted hire vehicle—is at least 21 years of age.
(7) The Registrar shall not grant a full licence unless the applicant—
(a) surrenders any other licence or corresponding licence that he or she may be holding and furnishes a declaration that he or she holds no other licence or corresponding licence; or
(b) furnishes a declaration that he or she holds no licence or corresponding licence.
(8) Notwithstanding subsections (3) and (6), if the Registrar is satisfied that special circumstances exist that justify his or her so doing, the Registrar may grant a full licence to a person to whom, but for this subsection, he or she would be prohibited from granting the licence by reason of either of those subsections.
(9) A licence granted by virtue of subsection (8) shall be subject to such conditions, specified in the licence, as are necessary to ensure that the licensee does not drive a motor vehicle otherwise than for purposes connected with the special circumstances referred to in that subsection.
(10) A person to whom a licence is granted by virtue of subsection (8) shall comply with a condition specified in the licence.
(11) The Registrar shall not grant or renew a full licence unless he or she is satisfied that the applicant is capable of driving, with safety to the public, a motor vehicle of the class specified in the licence.
(12) Where, for the purposes of subsection (11), the Registrar requires an applicant to undergo a driving test, the Registrar shall not fix the date and time for the test unless the applicant has paid to the Territory the determined fee.
(13) An applicant for a licence is entitled to a refund of a fee referred to in subsection (12) if the proposed driving test in respect of which the fee was paid is cancelled by the Registrar.
(14) An applicant for a licence is entitled to a refund of a fee referred to in subsection (12) less an amount determined by the Minister if, not later than 48 hours before the time fixed for a driving test in respect of which the fee was paid, the applicant informs the Registrar that he or she does not intend to undergo the test at the time so fixed.
(15) The amount of a refund that a person is entitled to under subsection (13) or (14) may be applied in satisfaction or partial satisfaction of a fee payable under subsection (12).
(16) The Registrar may refuse to grant a full licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or a licensed goods motor vehicle to a person who does not produce to the Registrar a certificate of good character signed by not less than 2 persons of good repute.
(17) The Registrar may refuse to grant a full licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or a licensed goods motor vehicle unless the applicant satisfies the Registrar that he or she is—
(a) a fit and proper person to hold the licence; and
(b) able to speak, read and write the English language.