New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017

- Made under the Road Transport Act 2013
- As at 1 July 2024
- Reg 450 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Object
   4.      Definitions

   PART 2 - DRIVER LICENCES GENERALLY

   5.      Licence classes and class codes
   6.      Hierarchy of licence classes
   7.      Vehicles authorised to be driven in licence classes
   8.      Authorisation to tow trailers and semi-trailers
   9.      Conditional licences and condition codes
   10.     Form of driver licence
   11.     Additional codes on certain licences

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

           Division 1 - Learner licences

              Subdivision 1 - Eligibility for, conditions of, and cancellation or suspension of learner licence

   12.     Eligibility to apply for learner licence
   13.     Conditions of learner licences
   14.     Cancellation or suspension of learner licence

              Subdivision 2 - Restrictions relating to learner licences

   15.     Learner licence holder must be supervised in vehicle and display "L" plates
   16.     Responsibility of person supervising holder of learner licence
   17.     Motor bikes and motor trikes
   18.     Restrictions on towing
   19.     Owner of vehicle must take steps to prevent breach of this Subdivision

           Division 2 - Provisional licences

              Subdivision 1 - First-stage provisional licences (provisional P1)

   20.     Issue of provisional P1 licence
   21.     Conditions to which provisional P1 licence of class C is subject
   22.     Conditions to which provisional P1 licence of class R is subject
   23.     Restrictions on towing
   24.     Cancellation or suspension of provisional P1 licence
   25.     Speeding offences and alcohol or other drug related driving offences--eligibility for provisional P2 licence or unrestricted licence
   26.     Provisional P1 licence ceases to be in force on issue of provisional P2 licence

              Subdivision 2 - Second-stage provisional licences (provisional P2)

   27.     Issue of provisional P2 licence
   28.     Conditions to which provisional P2 licence of class C, LR, MR or HR is subject
   29.     Conditions to which provisional P2 licence of class R is subject
   30.     Cancellation or suspension of provisional P2 licence
   31.     Speeding offences and alcohol or other drug related driving offences--eligibility for unrestricted licence
   32.     Provisional licence ceases to be in force on issue of unrestricted licence

              Subdivision 3 - Extension of provisional licence period

   33.     Definitions
   34.     Operation of Subdivision
   35.     TfNSW may extend provisional licence period
   35A.    TfNSW may extend provisional licence period for provisional P2 licences

              Subdivision 4 - Restrictions on provisional P1 and P2 licences

   36.     High performance vehicle restrictions
   37.     12 month passenger restrictions after licence disqualification
   38.     Restrictions on passengers under 21
   39.     (Repealed)

           Division 3 - Additional restrictions on learner and provisional licences

   40.     Additional conditions on learner and provisional licences

           Division 4 - Heavy vehicle learner licences

   41.     Heavy vehicle learners

           Division 5 - Exemptions

   41A.    Exemptions from conditions or restrictions

   PART 4 - COMBINED LICENCES

   42.     Interpretation
   43.     Applications for combined licences
   44.     Information on combined licence
   45.     Expiry of combined licences
   46.     Relationship of Part to road transport legislation and marine legislation

   PART 5 - ELIGIBILITY TO APPLY FOR ISSUE OR VARIATION OF DRIVER LICENCES

   47.     Application of Part to learner licences
   48.     Eligibility to apply for unrestricted licences in class R or C
   49.     Eligibility to apply for licences in classes LR, MR, HR, HC and MC
   50.     TfNSW may require competency based assessment for motorcycle licence
   51.     Eligibility to apply for additional licence class
   52.     Exemptions from eligibility criteria
   53.     Suspended or disqualified persons not eligible

   PART 6 - APPLICATIONS FOR ISSUE OR VARIATION OF DRIVER LICENCES

   54.     Procedure to obtain or vary driver licences
   55.     Requirement for surrender of current licence before issue or variation
   56.     When application for driver licence can be refused
   57.     Issue and variation of driver licence
   58.     Issue of driver licence receipt as interim measure
   59.     Competency based assessment

   PART 7 - TESTS AND MEDICAL EXAMINATIONS OF LICENSED DRIVERS

   60.     Tests and medical examinations of licensed drivers

   PART 8 - EXPIRY AND SURRENDER OF DRIVER LICENCES

   61.     Licence expiry date
   62.     Notice of renewal of driver licence
   63.     Renewal of driver licence
   64.     Application for surrender of driver licence

   PART 9 - VARIATION, SUSPENSION OR CANCELLATION OF DRIVER LICENCES

   65.     Variation, suspension or cancellation of driver licence by TfNSW
   66.     Variation, suspension or cancellation for heavy vehicle dimension requirement offence
   67.     Prescribed speeding offences for suspension or cancellation of licences
   67A.    Prescribed alcohol or other drug related driving offences
   68.     Procedures for variation, suspension or cancellation of driver licence
   69.     Notice of suspension or cancellation of driver licence
   70.     Downgrading of driver licence
   71.     Demerit points and offences
   72.     Demerit points reduction trial--the Act, s 32A

   PART 10 - (Repealed)
   None

   PART 11 - INTERLOCK DRIVER LICENCES AND DEVICES

           Division 1 - Interpretation

   82.     Interpretation

           Division 2 - Interlock driver licences

   83.     TfNSW may issue interlock driver licence
   84.     Additional application procedures
   85.     Additional interlock driver licence conditions
   86.     Requirement to undergo medical examination

           Division 3 - Offences

   87.     Failure to comply with a condition of approval
   88.     Installation, removal, maintenance or inspection of interlock devices
   89.     Assisting holder of interlock driver licence to disable or circumvent approved interlock device
   90.     Labelling approved interlock devices
   91.     Notification of removal of approved interlock devices
   92.     Tampering or otherwise interfering with labelled approved interlock device

           Division 4 - Miscellaneous

   93.     Police may seize motor vehicle or device
   94.     TfNSW may require evidence from persons to whom an interlock exemption order applies

   PART 12 - EXEMPTIONS FROM REQUIREMENT TO HOLD DRIVER LICENCE

   95A.    Definition
   95.     TfNSW may exempt certain classes of driver from requirement to hold licence
   96.     Interstate and international visitors
   96AA.   Temporary visiting drivers--permanent loss of exemption
   96A.    Notice to interstate and international visitors--not exempt from requirement to hold driver licence
   97.     Golf and green keeping vehicles used on roads or road related areas
   98.     Drivers of light rail vehicles
   98A.    Electric scooters--the Act, s 53
   99.     Other exemptions from licensing

   PART 13 - MISCELLANEOUS

           Division 1 - Administration

   100.    NSW driver licence register
   101.    Release of information of a personal nature
   102.    Release of information to Austroads
   103.    Release of information to Australian Electoral Commission
   104.    (Repealed)
   104A.   Release of information to toll operators
   105.    Release of certain information for publication by TfNSW
   106.    Release of information relating to mandatory alcohol interlock program
   107.    Use of information for the purposes of the mandatory alcohol interlock program
   108.    Collection of information for the purposes of the mandatory alcohol interlock program
   109.    Release of certain photographs
   110.    Purposes for which photographs may be kept and used
   111.    Keeping and use of photographs: use of facial recognition technology
   112.    Release of licence and demerits points information to approved third parties
   113.    Disclosure of demerit points information to CTP insurers and SIRA
   114.    Participation by TfNSW in Document Verification Service
   115.    Release of identifying information to certain DVS participants

           Division 2 - Fees

   116.    Applicable fees
   117.    Waiver of fees
   118.    Fee exemption for eligible pensioners

           Division 3 - Other

   119.    Failure to comply with licence conditions
   120.    Failure to return driver licence to TfNSW
   121.    Notification offence
   122.    Change of name, address or medical condition
   123.    Verification of information in driver licence register and monitoring of compliance
   124.    Damaged or lost licences
   125.    Issue of replacement driver licence
   125A.   (Repealed)
   126.    Professional drivers
   127.    Exemptions for professional drivers
   128.    Suspension for failure to undertake driver education course
   129.    Application of prescribed conditions imposed by amendment to Regulation
   130.    Savings and transitional provisions
   131.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3