New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 35

35 TfNSW may extend provisional licence period

(cf 2008 Reg cl 31C)

(1) Transport for NSW may extend a person's provisional licence period for a period of 6 months if--

(a) the person is convicted or found guilty of a false ID offence, or

(b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person under section 150 of the Liquor Act 2007 in respect of a false ID offence, or

(c) the person has not paid the penalty specified in a penalty notice issued to the person under section 150 of the Liquor Act 2007 in respect of a false ID offence and has not elected to have the matter dealt with by a court, and the time to have the matter so dealt with has lapsed.

(2) The period of 6 months for which a person's provisional licence period may be extended does not include any period during which the person's provisional licence is suspended otherwise than on medical grounds.

(3) Transport for NSW may extend a person's provisional licence period even though the person was not, at the time the false ID offence was alleged to have been committed, the holder of a driver licence.

(4) The extension of a person's provisional licence period applies only in respect of the issue of a driver licence within 5 years after the date on which the false ID offence was alleged to have been committed.

(5) Transport for NSW must not extend a person's provisional licence period if the person was, at the time the false ID offence was alleged to have been committed, under the age of 14 years.

(6) The extension of a person's provisional licence period applies, in the case of a person who holds more than one class of driver licence, only in relation to one of those classes of licence (as determined by Transport for NSW).

(7) A person's provisional licence period cannot be extended under this clause on more than one occasion.

(8) If, in the case of a provisional licence that is subject to an extension under this clause, the licence is cancelled at any time by operation of section 207 of the Act, the provisional licence period in respect of any subsequent provisional licence that is issued to the person may, despite subclause (7), be extended by Transport for NSW for a further period of 6 months.

(9) Transport for NSW must, in the case of a person whose provisional licence period is extended under this clause, cancel the extension if--

(a) the person's conviction or finding of guilt in respect of the false ID offence is overturned by a court on appeal, or

(b) the amount paid under the penalty notice in respect of the false ID offence is repaid to the person who paid it, or

(c) any penalty notice enforcement order under the Fines Act 1996 made against the person in respect of the false ID offence is withdrawn.