New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 12

12 Eligibility to apply for learner licence

(cf 2008 Reg cl 12)

(1) A person is eligible to apply for a learner licence if the person meets the relevant eligibility requirements set out in this clause, or is exempted from being required to do so--

(a) in any case (including a learner licence that is a motorcycle licence)--by Transport for NSW under Part 5, or

(b) in the case of a learner licence that is a motorcycle licence--under subclause (4A).

(2) The relevant eligibility requirement for a learner licence that is a car licence is that the person is at least 16 years of age.

(3) The relevant eligibility requirements for a learner licence that is a motorcycle licence are--

(a) that the person is at least 16 years and 9 months of age, and

(b) that, within the previous 3 months, the person has been assessed under a competency based assessment (within the meaning of clause 59) as competent to hold the licence.

(4) Transport for NSW may grant a learner licence to an applicant who is under the required age, but only if Transport for NSW is satisfied that special circumstances exist that justify the granting of a learner licence to the person.

(4A) Transport for NSW may, unconditionally or subject to conditions, exempt by notice any person or class of persons from the eligibility requirement in subclause (3)(b).

(4B) Without limiting subclause (4A), Transport for NSW may exempt a person from the eligibility requirement in subclause (3)(b) if--

(a) the person resides in a place that Transport for NSW is satisfied would make it impracticable for the person to be assessed under the competency based assessment, and

(b) the person does any other thing required by Transport for NSW (including any thing required under clause 54(2)) instead of being assessed under the competency based assessment.

(5) Despite any other provision of this clause, a learner licence may be granted for any period to a person whose provisional licence, not being a motorcycle licence, has been cancelled.